1.Easy
A term that is fundamental to the contract, whose breach allows termination, is called in English law a:
- AInvitation to treat
- BCondition
- CRepresentation
- DWarranty
2.Easy
A term that the parties did not state, but which a court reads into the contract, is:
- AA condition precedent
- BA collateral warranty
- CAn implied term
- DAn express term
3.Easy
Who can usually enforce a contract?
- AOnly lawyers
- BAnyone who hears about it or is affected by it
- CThe parties to the contract
- DOnly the state
4.Medium
A contract made under duress may be:
- ATurned into a criminal offence only
- BEnforced against the pressured party in every case
- CAutomatically valid with no remedy
- DAvoided (set aside) by the pressured party
5.Medium
In English law, the "postal rule" means an acceptance sent by post takes effect:
- AWhen the letter is read
- BWhen the offeror replies
- CWhen the letter arrives
- DWhen the letter is posted
6.Medium
A boiler is delivered late to a laundry. The seller knew it was needed for the business but not about especially lucrative dyeing contracts. Under Victoria Laundry v Newman, the laundry recovers:
- AOrdinary lost profits, but not the profits from the special contracts
- BAll lost profits, including those from the especially lucrative dyeing contracts
- COnly the price it paid for the boiler
- DNothing, because all lost profits are too remote
7.Hard
A pays B money to bet on shares using insider information, which is illegal. The bet never happens and A wants the money back. In Patel v Mirza, the Supreme Court held:
- AA could recover only half the money
- BA could not recover, because no claim can be founded on an illegal agreement
- CThe money passed to the state as illegal proceeds
- DA could recover the money, applying a policy-based approach to illegality
8.Hard
A contract states it can be varied only in signed writing. The parties later agree an oral variation. In MWB Business Exchange v Rock Advertising, the Supreme Court held:
- AThe variation was effective as it had consideration
- BThe oral variation was effective, because parties can always vary orally
- CThe clause was void as against public policy
- DThe oral variation was ineffective, because the clause was binding
Answer key
- 1. B · Condition
- 2. C · An implied term
- 3. C · The parties to the contract
- 4. D · Avoided (set aside) by the pressured party
- 5. D · When the letter is posted
- 6. A · Ordinary lost profits, but not the profits from the special contracts
- 7. D · A could recover the money, applying a policy-based approach to illegality
- 8. D · The oral variation was ineffective, because the clause was binding
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