1.Easy
In English law, "past consideration" is generally:
- ARequired for every contract
- BGood consideration only between family members
- CNot good consideration
- DGood consideration if it was valuable
2.Easy
In England and Wales, a claim for breach of a simple (non-deed) contract must usually be brought within:
- ATwelve years of the breach
- BThree months of the breach
- COne year of the breach
- DSix years of the breach
3.Easy
A unilateral contract is one in which:
- AOne party promises something in return for the other performing an act
- BOnly one party signs the written document, so only that party is bound by it
- COnly one party is allowed to terminate it
- DThe terms are imposed by statute on one party
4.Medium
An actor withdraws from a TV film and the company cannot prove what profit the film would have made. It may claim:
- AOnly nominal damages of a small sum
- BIts wasted expenditure, including costs incurred before the contract
- CPunitive damages to deter the actor
- DIts estimated profits from the film, even if they are purely speculative
5.Medium
A customer signs a contract containing an exclusion clause without reading it. Absent fraud or misrepresentation, the clause is generally:
- AVoid for unilateral mistake
- BIncorporated only if it was explained orally
- CNot incorporated, because it was not read
- DIncorporated, because a signature binds the signer
6.Medium
A builder's job takes much longer and costs much more than planned because of labour shortages. Under Davis Contractors v Fareham UDC, the contract is:
- AFrustrated, because the costs rose unexpectedly and substantially
- BNot frustrated, because it has only become more onerous
- CVoid, because the price was wrongly estimated
- DAutomatically varied to a reasonable price
7.Hard
A wife guarantees her husband's business debts to a bank. Under RBS v Etridge (No 2), the bank should normally:
- ASeek a court's approval of the guarantee
- BRefuse the guarantee unless she has her own income
- CHave the husband explain the risks to her
- DObtain confirmation that a solicitor has advised her
8.Hard
Liquidated damages clauses are enforceable in English law when:
- AThey protect a legitimate interest and are not out of all proportion to it
- BThey are agreed orally only
- COnly the party in breach benefits from them
- DThey are set as high as possible, so that they deter either party from breaching
Answer key
- 1. C · Not good consideration
- 2. D · Six years of the breach
- 3. A · One party promises something in return for the other performing an act
- 4. B · Its wasted expenditure, including costs incurred before the contract
- 5. D · Incorporated, because a signature binds the signer
- 6. B · Not frustrated, because it has only become more onerous
- 7. D · Obtain confirmation that a solicitor has advised her
- 8. A · They protect a legitimate interest and are not out of all proportion to it
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