1.Easy
In English law, a newspaper advertisement offering goods for sale at a stated price is usually:
- AAn invitation to treat
- BA unilateral offer to all readers
- CA collateral contract with each reader
- DAn acceptance of future orders
2.Easy
Under the Unfair Contract Terms Act 1977, a business cannot exclude or restrict liability for:
- AAny damage to the other party's property
- BLoss of profit caused by a supplier
- CDeath or personal injury caused by negligence
- DLate delivery of goods in a business sale
3.Easy
A shop displays a jacket with a price tag in its window. In English law this is usually:
- AA binding offer to sell at that price
- BA unilateral contract
- CAn acceptance
- DAn invitation to treat
4.Medium
A creditor agrees to take £600 in full settlement of a £1,000 debt that is due, then sues for the other £400. Under Pinnel's Case and Foakes v Beer, the creditor:
- ACan usually recover the £400
- BMust give back the £600 first
- CCannot recover anything more
- DCan recover only if the agreement was oral
5.Medium
A customer signs a contract containing an exclusion clause without reading it. Absent fraud or misrepresentation, the clause is generally:
- ANot incorporated, because it was not read
- BIncorporated only if it was explained orally
- CIncorporated, because a signature binds the signer
- DVoid for unilateral mistake
6.Medium
An actor withdraws from a TV film and the company cannot prove what profit the film would have made. It may claim:
- AIts wasted expenditure, including costs incurred before the contract
- BOnly nominal damages of a small sum
- CPunitive damages to deter the actor
- DIts estimated profits from the film, even if they are purely speculative
7.Hard
A pays B money to bet on shares using insider information, which is illegal. The bet never happens and A wants the money back. In Patel v Mirza, the Supreme Court held:
- AA could not recover, because no claim can be founded on an illegal agreement
- BA could recover only half the money
- CA could recover the money, applying a policy-based approach to illegality
- DThe money passed to the state as illegal proceeds
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:
- AVoidable for fraud, so the innocent buyer got good title
- BValid, and the seller could only sue the rogue in tort
- CVoid for mistake, so the innocent buyer got no title
- DVoid, because cheques cannot pay for cars
Answer key
- 1. A · An invitation to treat
- 2. C · Death or personal injury caused by negligence
- 3. D · An invitation to treat
- 4. A · Can usually recover the £400
- 5. C · Incorporated, because a signature binds the signer
- 6. A · Its wasted expenditure, including costs incurred before the contract
- 7. C · A could recover the money, applying a policy-based approach to illegality
- 8. A · Voidable for fraud, so the innocent buyer got good title
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