1.Easy
Anticipatory breach occurs when:
- AA party performs earlier than the agreed date
- BAn expert predicts, before performance is due, that a party will probably breach
- CA party shows, before performance is due, that it will not perform
- DA party breaches a term that has not yet been agreed
2.Easy
In England and Wales, a claim for breach of a simple (non-deed) contract must usually be brought within:
- ASix years of the breach
- BOne year of the breach
- CTwelve years of the breach
- DThree months of the breach
3.Easy
A shop displays a jacket with a price tag in its window. In English law this is usually:
- AA unilateral contract
- BA binding offer to sell at that price
- CAn invitation to treat
- DAn acceptance
4.Medium
At an auction in England, the contract of sale is completed when:
- AThe buyer collects the goods
- BThe bidder makes the highest bid
- CThe auctioneer brings down the hammer
- DThe auctioneer puts the item up for sale
5.Medium
Promissory estoppel can prevent a party from:
- AGoing back on a promise not to enforce strict legal rights, when the other relied on it
- BEntering into future contracts
- CSuing for any breach at all, including breaches entirely unrelated to the promise that it made
- DMaking any new promises
6.Medium
A sailor is to be paid only on completing a voyage, but dies part of the way. Under the strict rule applied in Cutter v Powell:
- AA proportion of the wages was payable
- BNothing was recoverable for the part performed
- CThe ship owner had to pay compensation
- DThe full wages were payable
7.Hard
Asked to "telegraph lowest cash price" for a property, the owner replies "Lowest price £900". The enquirer then telegraphs that he accepts. In Harvey v Facey:
- AThere was a contract at a reasonable price
- BThe reply was a counter-offer, which the enquirer's telegram then accepted
- CThere was no contract, because stating a lowest price was not an offer
- DThere was a contract at £900
8.Hard
Under the EU Unfair Terms Directive, a non-negotiated consumer contract term is unfair if:
- AThe consumer did not read it
- BContrary to good faith, it causes a significant imbalance to the consumer's detriment
- CIt was written in small font
- DIt benefits the trader in any way, even where the consumer's rights are not significantly affected
Answer key
- 1. C · A party shows, before performance is due, that it will not perform
- 2. A · Six years of the breach
- 3. C · An invitation to treat
- 4. C · The auctioneer brings down the hammer
- 5. A · Going back on a promise not to enforce strict legal rights, when the other relied on it
- 6. B · Nothing was recoverable for the part performed
- 7. C · There was no contract, because stating a lowest price was not an offer
- 8. B · Contrary to good faith, it causes a significant imbalance to the consumer's detriment
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