1.Easy
For commercial agreements, English courts presume that the parties:
- ADo not intend to create legal relations
- BIntend only a moral obligation
- CIntend the agreement to be a gift
- DIntend to create legal relations
2.Easy
A counter-offer has which effect on the original offer?
- AIt has no effect at all
- BIt accepts the original offer
- CIt makes the original offer irrevocable
- DIt rejects and ends the original offer
3.Easy
Rescission of a contract means:
- ASetting the contract aside so the parties return to their original positions
- BCorrecting the wording of a written contract
- CEnding the contract for the future only and claiming damages for lost profits
- DOrdering a party to perform as promised
4.Medium
Which of these will usually bar rescission for misrepresentation?
- AThe misrepresentation was made by a company
- BThe contract was made in writing
- CThe innocent party affirms the contract after learning the truth
- DThe misrepresentation was innocent rather than fraudulent or negligent
5.Medium
A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:
- ANothing, because performance was not exact
- BThe full price with no deduction
- COnly payment for the materials used
- DThe price less the cost of putting the defects right
6.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
- BSuspended until more licences were issued
- CVoid, because licences were a condition precedent
- DNot frustrated, because the problem was self-induced
7.Hard
An employer pays large severance sums to two directors, later discovering it could have dismissed them for nothing because of their earlier misconduct. In Bell v Lever Bros, the agreements were:
- AValid, because the mistake about quality was not fundamental enough
- BVoid for common mistake about the contracts
- CUnenforceable because severance needs a deed
- DVoidable for the directors' misrepresentation by failing to disclose their misconduct
8.Hard
A husband who has left his wife signs a note promising to transfer the house to her if she pays off the mortgage. She does. In Merritt v Merritt, the promise was:
- AUnenforceable, because she gave no consideration
- BEnforceable, because separated spouses are presumed to intend legal relations
- CUnenforceable, because it was a domestic arrangement between husband and wife
- DEnforceable only because it was made by deed
Answer key
- 1. D · Intend to create legal relations
- 2. D · It rejects and ends the original offer
- 3. A · Setting the contract aside so the parties return to their original positions
- 4. C · The innocent party affirms the contract after learning the truth
- 5. D · The price less the cost of putting the defects right
- 6. D · Not frustrated, because the problem was self-induced
- 7. A · Valid, because the mistake about quality was not fundamental enough
- 8. B · Enforceable, because separated spouses are presumed to intend legal relations
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