1.Easy
The duty to mitigate loss means that a claimant:
- AMust prove the breach was deliberate
- BMust sue within one month of the breach
- CCannot recover for losses they could reasonably have avoided
- DMust accept any offer made by the party in breach
2.Easy
Minors (under 18) entering contracts are generally:
- AProtected, so many of their contracts are not enforceable against them
- BNever able to make any contract
- CBound in exactly the same way as adults, unless their parents object in writing
- DLiable only if their parents sign too
3.Easy
When can an offer generally be withdrawn?
- ANever, once it has been made
- BOnly by a court
- CBefore it has been accepted
- DOnly after it has been accepted
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 recover only if the agreement was oral
- BCan usually recover the £400
- CMust give back the £600 first
- DCannot recover anything more
5.Medium
Which of these will usually bar rescission for misrepresentation?
- AThe misrepresentation was made by a company
- BThe contract was made in writing
- CThe misrepresentation was innocent rather than fraudulent or negligent
- DThe innocent party affirms the contract after learning the truth
6.Medium
What is an exclusion clause?
- AA term that excludes third parties from the contract
- BA term that excludes a party from paying VAT
- CA term that limits or excludes one party's liability
- DA clause allowing termination at any time
7.Hard
Mutual mistake as to the existence of the subject matter (for example the goods no longer exist when contracting) usually makes the contract:
- AValid, with compensation set by the court
- BVoidable at either party's option
- CVoid
- DFully valid, with the buyer bearing the risk
8.Hard
An innocent party who terminates a contract for repudiatory breach must generally:
- APay a penalty to the party in breach
- BContinue performing until the contract ends naturally on its agreed date
- CClearly communicate the decision to accept the repudiation
- DWait for a court order before stopping performance
Answer key
- 1. C · Cannot recover for losses they could reasonably have avoided
- 2. A · Protected, so many of their contracts are not enforceable against them
- 3. C · Before it has been accepted
- 4. B · Can usually recover the £400
- 5. D · The innocent party affirms the contract after learning the truth
- 6. C · A term that limits or excludes one party's liability
- 7. C · Void
- 8. C · Clearly communicate the decision to accept the repudiation
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