1.Easy
Which equitable remedy corrects a written contract so it records what the parties actually agreed?
- ASpecific performance
- BRescission
- CQuantum meruit
- DRectification
2.Easy
According to Derry v Peek, a misrepresentation is fraudulent if the maker:
- AMade a profit from the contract that followed
- BMade it in a written document
- CMade it carelessly and without checking the facts, though honestly believing it
- DKnew it was false, did not believe it, or was reckless whether it was true
3.Easy
A counter-offer has which effect on the original offer?
- AIt has no effect at all
- BIt rejects and ends the original offer
- CIt accepts the original offer
- DIt makes the original offer irrevocable
4.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:
- AEnforceable as a practical benefit
- BUnenforceable because it was made at sea
- CUnenforceable for lack of consideration
- DEnforceable because the captain agreed freely
5.Medium
An unusual and onerous term in standard conditions will only be incorporated if:
- AIt is printed anywhere in the contract documents, however small the type
- BIt was fairly and reasonably brought to the other party's attention
- CThe other party could have found it online
- DIt appears on the back of a receipt
6.Medium
A buyer is told false figures about a business and is offered documents that would reveal the truth, but does not read them. Under Redgrave v Hurd:
- AThe buyer loses all remedies by failing to check
- BThe buyer can still rely on the misrepresentation
- CThe misrepresentation becomes a term
- DThe buyer can claim only half the loss
7.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 variation was effective as it had consideration
- BThe oral variation was effective, because parties can always vary orally
- CThe oral variation was ineffective, because the clause was binding
- DThe clause was void as against public policy
8.Hard
A council writes that it "may be prepared to sell" a house to a tenant and invites a formal application. The tenant applies, then the council changes its policy. In Gibson v Manchester City Council, the House of Lords held:
- AThe council was bound by estoppel to sell
- BA contract was formed when the council's letter was sent to the tenant
- CA contract was formed when the tenant applied
- DThere was no contract, because the letter was not an offer
Answer key
- 1. D · Rectification
- 2. D · Knew it was false, did not believe it, or was reckless whether it was true
- 3. B · It rejects and ends the original offer
- 4. C · Unenforceable for lack of consideration
- 5. B · It was fairly and reasonably brought to the other party's attention
- 6. B · The buyer can still rely on the misrepresentation
- 7. C · The oral variation was ineffective, because the clause was binding
- 8. D · There was no contract, because the letter was not an offer
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