1.Easy
An offer with no stated time limit lapses:
- AAfter a reasonable time
- BAt midnight on the day it is made
- CAfter exactly seven days
- DNever, unless revoked
2.Easy
For commercial agreements, English courts presume that the parties:
- AIntend to create legal relations
- BIntend the agreement to be a gift
- CIntend only a moral obligation
- DDo not intend to create legal relations
3.Easy
An offeree asks whether the offeror would accept delivery in two parts, without rejecting the original terms. This is:
- AAn acceptance
- BA counter-offer
- CA revocation
- DA request for information
4.Medium
A fishing company receives fewer licences than it needs and chooses to assign them to its other ships, not the chartered one. In Maritime National Fish v Ocean Trawlers the charter was:
- AFrustrated by the government licensing decision
- BVoid, because licences were a condition precedent
- CSuspended until more licences were issued
- DNot frustrated, because the problem was self-induced
5.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:
- AThe ship owner had to pay compensation
- BThe full wages were payable
- CNothing was recoverable for the part performed
- DA proportion of the wages was payable
6.Medium
A promises to keep an offer open until Friday. On Thursday, B hears from a reliable third party that A has sold the property to someone else. Under Dickinson v Dodds:
- AB can accept and claim the property from the new buyer
- BThe offer stays open until Friday, as A promised
- CThe offer has been revoked, so B can no longer accept
- DB can sue A for breaking the promise to keep it open
7.Hard
In a unilateral contract, once the offeree has started to perform the requested act:
- AThe offeree becomes bound to complete performance
- BThe full reward becomes payable immediately
- CThe offeror generally cannot revoke while performance continues
- DThe offeror can still revoke at any time before performance is completed
8.Hard
Two parties agree to continue negotiating for the sale of a business, with no fixed period. In Walford v Miles, the House of Lords held that a bare agreement to negotiate in good faith is:
- AEnforceable, as an implied duty of good faith
- BEnforceable only if made in writing
- CUnenforceable, because it lacks certainty
- DEnforceable as a lock-out agreement
Answer key
- 1. A · After a reasonable time
- 2. A · Intend to create legal relations
- 3. D · A request for information
- 4. D · Not frustrated, because the problem was self-induced
- 5. C · Nothing was recoverable for the part performed
- 6. C · The offer has been revoked, so B can no longer accept
- 7. C · The offeror generally cannot revoke while performance continues
- 8. C · Unenforceable, because it lacks certainty
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