1.Easy
What is the most common remedy for breach of contract?
- AImprisonment
- BAutomatic transfer of all the defendant's assets
- CDamages
- DA fine paid to the state
2.Easy
A claim on a "quantum meruit" is a claim for:
- AA reasonable sum for work done or services provided
- BThe return of land transferred under the contract
- CPunitive damages for deliberate breach
- DAn order stopping the other party from acting
3.Easy
A unilateral contract is one in which:
- AOnly one party signs the written document, so only that party is bound by it
- BOne party promises something in return for the other performing an act
- CThe terms are imposed by statute on one party
- DOnly one party is allowed to terminate it
4.Medium
An offer says acceptance must be made "by notice in writing to us". The offeree posts an acceptance, which is lost. Under Holwell Securities v Hughes:
- AThe contract is void for common mistake
- BThere is no contract, because actual notice was required
- CA contract was formed when the letter was posted
- DA contract was formed when the offeree decided to accept
5.Medium
Sailors are promised extra wages for sailing a ship home after two crew members desert, but they do no more than their contract already required. In Stilk v Myrick the promise was:
- AUnenforceable for lack of consideration
- BUnenforceable because it was made at sea
- CEnforceable as a practical benefit
- DEnforceable because the captain agreed freely
6.Medium
At an auction in England, the contract of sale is completed when:
- AThe bidder makes the highest bid
- BThe auctioneer puts the item up for sale
- CThe auctioneer brings down the hammer
- DThe buyer collects the goods
7.Hard
A posts an offer. A week later A posts a revocation. B receives the offer and immediately accepts by telegram, and only later receives the revocation. Applying Byrne v Van Tienhoven:
- AA contract was made only when B received the revocation
- BA contract was made when B accepted, because the revocation had not yet arrived
- CThere was no contract, because the revocation was posted before B's acceptance was sent
- DThere was no contract, because offers by post can be revoked at any time
8.Hard
A contract states it can be varied only in signed writing. The parties later agree an oral variation. In MWB Business Exchange v Rock Advertising, the Supreme Court held:
- AThe oral variation was ineffective, because the clause was binding
- BThe variation was effective as it had consideration
- CThe clause was void as against public policy
- DThe oral variation was effective, because parties can always vary orally
Answer key
- 1. C · Damages
- 2. A · A reasonable sum for work done or services provided
- 3. B · One party promises something in return for the other performing an act
- 4. B · There is no contract, because actual notice was required
- 5. A · Unenforceable for lack of consideration
- 6. C · The auctioneer brings down the hammer
- 7. B · A contract was made when B accepted, because the revocation had not yet arrived
- 8. A · The oral variation was ineffective, because the clause was binding
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