1.Easy
A term that is fundamental to the contract, whose breach allows termination, is called in English law a:
- AWarranty
- BRepresentation
- CInvitation to treat
- DCondition
2.Easy
In England and Wales, a contract for the sale of land must be:
- AMade orally in front of two witnesses
- BIn writing, containing all agreed terms, and signed by both parties
- CApproved by a court and registered with HM Land Registry before it is made
- DMade only through an estate agent
3.Easy
What is a breach of contract?
- AWithdrawing an offer before it is accepted, after promising to keep it open
- BNegotiating a better price
- CFailing to perform a contractual obligation without a lawful excuse
- DRefusing to sign a contract
4.Medium
Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:
- AAlways, because businesses can bargain freely
- BOnly if signed by a company director
- COnly if it satisfies the requirement of reasonableness
- DNever, in any circumstances
5.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:
- ANot frustrated, because the problem was self-induced
- BFrustrated by the government licensing decision
- CVoid, because licences were a condition precedent
- DSuspended until more licences were issued
6.Medium
A contract made under duress may be:
- ATurned into a criminal offence only
- BAutomatically valid with no remedy
- CAvoided (set aside) by the pressured party
- DEnforced against the pressured party in every case
7.Hard
In English law, a presumption of undue influence typically arises when:
- AThe price agreed is substantially lower than the market price, whatever the relationship of the parties
- BAny customer signs a contract with a bank
- CThere is a relationship of trust and confidence and a transaction that calls for explanation
- DAny contract is made between members of a family
8.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
- BVoidable for the directors' misrepresentation by failing to disclose their misconduct
- CVoid for common mistake about the contracts
- DUnenforceable because severance needs a deed
Answer key
- 1. D · Condition
- 2. B · In writing, containing all agreed terms, and signed by both parties
- 3. C · Failing to perform a contractual obligation without a lawful excuse
- 4. C · Only if it satisfies the requirement of reasonableness
- 5. A · Not frustrated, because the problem was self-induced
- 6. C · Avoided (set aside) by the pressured party
- 7. C · There is a relationship of trust and confidence and a transaction that calls for explanation
- 8. A · Valid, because the mistake about quality was not fundamental enough
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