1.Easy
A "voidable" contract is one that:
- AIs valid until the affected party chooses to set it aside
- BIs a criminal agreement and illegal
- CCan only be ended by both parties agreeing together to cancel it
- DNever had any legal effect at all
2.Easy
A vague sales claim such as "the best coffee in the world" is usually treated as:
- AA fraudulent misrepresentation
- BA condition of the contract
- CAn implied warranty of quality
- DA mere puff with no legal effect
3.Easy
In English law, "past consideration" is generally:
- AGood consideration only between family members
- BRequired for every contract
- CNot good consideration
- DGood consideration if it was valuable
4.Medium
Police provide extra officers at a mine during a strike, beyond what their public duty requires, at the owner's request. The owner's promise to pay is:
- AVoid, because it is contrary to public policy
- BEnforceable, because doing more than a public duty is consideration
- CEnforceable only if approved by Parliament
- DUnenforceable, because police protection can never be consideration for a promise
5.Medium
An actor withdraws from a TV film and the company cannot prove what profit the film would have made. It may claim:
- APunitive damages to deter the actor
- BIts wasted expenditure, including costs incurred before the contract
- CIts estimated profits from the film, even if they are purely speculative
- DOnly nominal damages of a small sum
6.Medium
An unusual and onerous term in standard conditions will only be incorporated if:
- AThe other party could have found it online
- BIt appears on the back of a receipt
- CIt is printed anywhere in the contract documents, however small the type
- DIt was fairly and reasonably brought to the other party's attention
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:
- AThere was no contract, because the revocation was posted before B's acceptance was sent
- BA contract was made when B accepted, because the revocation had not yet arrived
- CA contract was made only when B received the revocation
- DThere was no contract, because offers by post can be revoked at any time
8.Hard
In a face-to-face sale, a rogue falsely claims to be a famous actor, pays with a worthless cheque, and sells the car on to an innocent buyer. Under Lewis v Averay, the first contract was:
- AVoid for mistake, so the innocent buyer got no title
- BVoidable for fraud, so the innocent buyer got good title
- CValid, and the seller could only sue the rogue in tort
- DVoid, because cheques cannot pay for cars
Answer key
- 1. A · Is valid until the affected party chooses to set it aside
- 2. D · A mere puff with no legal effect
- 3. C · Not good consideration
- 4. B · Enforceable, because doing more than a public duty is consideration
- 5. B · Its wasted expenditure, including costs incurred before the contract
- 6. D · It was fairly and reasonably brought to the other party's attention
- 7. B · A contract was made when B accepted, because the revocation had not yet arrived
- 8. B · Voidable for fraud, so the innocent buyer got good title
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