1.Easy
A counter-offer has which effect on the original offer?
- AIt has no effect at all
- BIt makes the original offer irrevocable
- CIt rejects and ends the original offer
- DIt accepts the original offer
2.Easy
In English law, a newspaper advertisement offering goods for sale at a stated price is usually:
- AA collateral contract with each reader
- BA unilateral offer to all readers
- CAn invitation to treat
- DAn acceptance of future orders
3.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
- BThree months of the breach
- CTwelve years of the breach
- DOne year of the breach
4.Medium
A former wife sues for maintenance her ex-husband promised, relying only on promissory estoppel because she gave no consideration. In Combe v Combe:
- AShe failed, because family agreements are never legally binding on either party
- BShe succeeded, because she relied on the promise
- CShe succeeded, because the promise was made in writing
- DShe failed, because promissory estoppel is a shield, not a sword
5.Medium
Frustration of contract occurs when:
- APerformance becomes more expensive or more difficult than either party expected
- BAn unforeseen event makes performance impossible or radically different
- CThe contract was badly drafted
- DOne party regrets the bargain
6.Medium
A seller says the farms are "fully let" but does not mention that the tenants have given notice to leave. This is:
- AA misrepresentation by half-truth
- BA statement of opinion only
- CMere silence, which is never actionable
- DA mere puff with no legal effect
7.Hard
A carrier, knowing a small company depends on its deliveries to supply a major customer, refuses to continue unless paid a higher minimum price. The company agrees as it has no alternative. In Atlas Express v Kafco:
- AThe new agreement was not binding, due to economic duress
- BThe new agreement was binding as a free variation
- CThe new agreement was binding, as the carrier's continued performance was a practical benefit
- DThe carrier committed a crime of extortion
8.Hard
In Carlill v Carbolic Smoke Ball Co, the court held that the advertisement was:
- AA contract only with the newspaper
- BA mere advertising puff with no legal effect, since no one could take it seriously
- CAn invitation to treat
- DA unilateral offer that could be accepted by performing the conditions
Answer key
- 1. C · It rejects and ends the original offer
- 2. C · An invitation to treat
- 3. A · Six years of the breach
- 4. D · She failed, because promissory estoppel is a shield, not a sword
- 5. B · An unforeseen event makes performance impossible or radically different
- 6. A · A misrepresentation by half-truth
- 7. A · The new agreement was not binding, due to economic duress
- 8. D · A unilateral offer that could be accepted by performing the conditions
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