1.Easy
An offeree asks whether the offeror would accept delivery in two parts, without rejecting the original terms. This is:
- AAn acceptance
- BA revocation
- CA counter-offer
- DA request for information
2.Easy
What is the most common remedy for breach of contract?
- AA fine paid to the state
- BAutomatic transfer of all the defendant's assets
- CImprisonment
- DDamages
3.Easy
Anticipatory breach occurs when:
- AA party breaches a term that has not yet been agreed
- BA party shows, before performance is due, that it will not perform
- CA party performs earlier than the agreed date
- DAn expert predicts, before performance is due, that a party will probably breach
4.Medium
A promises to keep an offer open until Friday. On Thursday, B hears from a reliable third party that A has sold the property to someone else. Under Dickinson v Dodds:
- AThe offer has been revoked, so B can no longer accept
- BThe offer stays open until Friday, as A promised
- CB can sue A for breaking the promise to keep it open
- DB can accept and claim the property from the new buyer
5.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:
- ANot a misrepresentation, because the statement was true when it was made
- BA mere opinion about future income
- CA breach of an implied condition of quality
- DA misrepresentation, because he should have corrected the statement
6.Medium
A builder's job takes much longer and costs much more than planned because of labour shortages. Under Davis Contractors v Fareham UDC, the contract is:
- AFrustrated, because the costs rose unexpectedly and substantially
- BNot frustrated, because it has only become more onerous
- CVoid, because the price was wrongly estimated
- DAutomatically varied to a reasonable price
7.Hard
An innocent party who terminates a contract for repudiatory breach must generally:
- AWait for a court order before stopping performance
- BClearly communicate the decision to accept the repudiation
- CContinue performing until the contract ends naturally on its agreed date
- DPay a penalty to the party in breach
8.Hard
In the Dutch Civil Code (BW), an offer that states a time limit for acceptance is:
- ARevocable at any moment before acceptance
- BAutomatically accepted at the end of the period
- CInvalid without notarial approval
- DIrrevocable during that period
Answer key
- 1. D · A request for information
- 2. D · Damages
- 3. B · A party shows, before performance is due, that it will not perform
- 4. A · The offer has been revoked, so B can no longer accept
- 5. D · A misrepresentation, because he should have corrected the statement
- 6. B · Not frustrated, because it has only become more onerous
- 7. B · Clearly communicate the decision to accept the repudiation
- 8. D · Irrevocable during that period
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