1.Easy
Under the contra proferentem rule, an ambiguous term is interpreted:
- AIn favour of the stronger party
- BAs if it were not part of the contract
- CIn favour of the party who drafted it
- DAgainst the party who relies on it
2.Easy
In English law, revocation of an offer takes effect:
- AWhen it is actually communicated to the offeree
- BAs soon as the offeror privately decides
- COnly after a reasonable notice period
- DWhen the letter of revocation is posted
3.Easy
In English law, "past consideration" is generally:
- ANot good consideration
- BRequired for every contract
- CGood consideration only between family members
- DGood consideration if it was valuable
4.Medium
A sailor is to be paid only on completing a voyage, but dies part of the way. Under the strict rule applied in Cutter v Powell:
- AThe full wages were payable
- BA proportion of the wages was payable
- CNothing was recoverable for the part performed
- DThe ship owner had to pay compensation
5.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 it satisfies the requirement of reasonableness
- CNever, in any circumstances
- DOnly if signed by a company director
6.Medium
A customer signs a contract containing an exclusion clause without reading it. Absent fraud or misrepresentation, the clause is generally:
- AIncorporated, because a signature binds the signer
- BIncorporated only if it was explained orally
- CVoid for unilateral mistake
- DNot incorporated, because it was not read
7.Hard
A husband who has left his wife signs a note promising to transfer the house to her if she pays off the mortgage. She does. In Merritt v Merritt, the promise was:
- AEnforceable, because separated spouses are presumed to intend legal relations
- BEnforceable only because it was made by deed
- CUnenforceable, because she gave no consideration
- DUnenforceable, because it was a domestic arrangement between husband and wife
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:
- AThere was no contract, as the buyer knew of the mistake
- BThe court rewrote the price to per piece
- CThe contract was voidable at the buyer's option
- DThere was a binding contract at the stated price
Answer key
- 1. D · Against the party who relies on it
- 2. A · When it is actually communicated to the offeree
- 3. A · Not good consideration
- 4. C · Nothing was recoverable for the part performed
- 5. B · Only if it satisfies the requirement of reasonableness
- 6. A · Incorporated, because a signature binds the signer
- 7. A · Enforceable, because separated spouses are presumed to intend legal relations
- 8. A · There was no contract, as the buyer knew of the mistake
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