1.Easy
The duty to mitigate loss means that a claimant:
- AMust prove the breach was deliberate
- BCannot recover for losses they could reasonably have avoided
- CMust sue within one month of the breach
- DMust accept any offer made by the party in breach
2.Easy
The rule that consideration "must be sufficient but need not be adequate" means:
- AIt must be equal to the market value of the promise it is given in exchange for
- BIt must always be paid in money
- CIt must be paid before the contract is made
- DIt must have some value in law, but need not match the value of the promise
3.Easy
In England and Wales, a contract for the sale of land must be:
- AIn writing, containing all agreed terms, and signed by both parties
- BMade orally in front of two witnesses
- CMade only through an estate agent
- DApproved by a court and registered with HM Land Registry before it is made
4.Medium
A doctor selling his practice truthfully states its income, but the income falls sharply before the contract is signed and he says nothing. This is:
- AA breach of an implied condition of quality
- BNot a misrepresentation, because the statement was true when it was made
- CA misrepresentation, because he should have corrected the statement
- DA mere opinion about future income
5.Medium
A former wife sues for maintenance her ex-husband promised, relying only on promissory estoppel because she gave no consideration. In Combe v Combe:
- AShe failed, because family agreements are never legally binding on either party
- BShe succeeded, because she relied on the promise
- CShe failed, because promissory estoppel is a shield, not a sword
- DShe succeeded, because the promise was made in writing
6.Medium
Damages for breach of contract are generally meant to:
- AReturn both parties only to the position they were in before the contract was made
- BGive the innocent party a profit beyond their loss
- CPunish the party in breach
- DPut the innocent party in the position as if the contract had been performed
7.Hard
Specific performance is usually ordered when:
- AThe contract involves personal services, such as employment or performance contracts
- BThe claimant asks for it in any case
- CThe defendant has no money
- DDamages would be an inadequate remedy, for example for unique goods or land
8.Hard
A seller mistakenly offers hare skins at a price per pound instead of per piece. The buyer knew that prices were always quoted per piece. In Hartog v Colin and Shields:
- AThe contract was voidable at the buyer's option
- BThere was no contract, as the buyer knew of the mistake
- CThere was a binding contract at the stated price
- DThe court rewrote the price to per piece
Answer key
- 1. B · Cannot recover for losses they could reasonably have avoided
- 2. D · It must have some value in law, but need not match the value of the promise
- 3. A · In writing, containing all agreed terms, and signed by both parties
- 4. C · A misrepresentation, because he should have corrected the statement
- 5. C · She failed, because promissory estoppel is a shield, not a sword
- 6. D · Put the innocent party in the position as if the contract had been performed
- 7. D · Damages would be an inadequate remedy, for example for unique goods or land
- 8. B · There was no contract, as the buyer knew of the mistake
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