1.Easy
Which statement about silence as acceptance is correct in general?
- ASilence always counts as acceptance
- BSilence counts as acceptance if the offeror says so
- CSilence usually does not count as acceptance
- DSilence counts as acceptance after 24 hours
2.Easy
In England and Wales, a claim for breach of a simple (non-deed) contract must usually be brought within:
- ASix years of the breach
- BThree months of the breach
- COne year of the breach
- DTwelve years of the breach
3.Easy
Which elements are generally needed to form a contract?
- AAn offer and an acceptance, with the intention to be legally bound
- BA witness for each party
- CA written document signed by both parties and certified by a notary
- DA payment made in advance
4.Medium
What is an exclusion clause?
- AA term that excludes a party from paying VAT
- BA term that limits or excludes one party's liability
- CA term that excludes third parties from the contract
- DA clause allowing termination at any time
5.Medium
In Hadley v Baxendale, damages are recoverable for losses that:
- AArise naturally from the breach or were in the reasonable contemplation of both parties
- BWere caused by a third party
- CWere caused in any factual sense by the breach, however unusual and unforeseeable they were
- DThe claimant suffered only after the trial
6.Medium
Damages for breach of contract are generally meant to:
- APunish the party in breach
- BGive the innocent party a profit beyond their loss
- CPut the innocent party in the position as if the contract had been performed
- DReturn both parties only to the position they were in before the contract was made
7.Hard
A council invites tenders by a deadline. A club submits on time, but the council wrongly treats it as late and ignores it. In Blackpool and Fylde Aero Club v Blackpool BC, the Court of Appeal held:
- AThe council breached an implied contract to consider conforming tenders
- BThere was no obligation of any kind, as an invitation to tender is only an invitation to treat
- CThe council was obliged to accept the club's tender
- DThe club could only claim in tort for negligence
8.Hard
A builder agrees to finish work for an agreed price, then demands more money. The client pays to avoid delay and gets a practical benefit. In English law (Williams v Roffey), the promise to pay more may be:
- AEnforceable, because the practical benefit can be consideration if there is no duress
- BEnforceable only if made in writing
- CA criminal offence
- DUnenforceable, because performing an existing contractual duty can never be good consideration
Answer key
- 1. C · Silence usually does not count as acceptance
- 2. A · Six years of the breach
- 3. A · An offer and an acceptance, with the intention to be legally bound
- 4. B · A term that limits or excludes one party's liability
- 5. A · Arise naturally from the breach or were in the reasonable contemplation of both parties
- 6. C · Put the innocent party in the position as if the contract had been performed
- 7. A · The council breached an implied contract to consider conforming tenders
- 8. A · Enforceable, because the practical benefit can be consideration if there is no duress
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