1.Easy
A "voidable" contract is one that:
- AIs a criminal agreement and illegal
- BCan only be ended by both parties agreeing together to cancel it
- CIs valid until the affected party chooses to set it aside
- DNever had any legal effect at all
2.Easy
Which elements are generally needed to form a contract?
- AAn offer and an acceptance, with the intention to be legally bound
- BA payment made in advance
- CA witness for each party
- DA written document signed by both parties and certified by a notary
3.Easy
The duty to mitigate loss means that a claimant:
- AMust prove the breach was deliberate
- BMust sue within one month of the breach
- CMust accept any offer made by the party in breach
- DCannot recover for losses they could reasonably have avoided
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:
- AMust give back the £600 first
- BCannot recover anything more
- CCan usually recover the £400
- DCan recover only if the agreement was oral
5.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:
- AOnly the price it paid for the boiler
- BAll lost profits, including those from the especially lucrative dyeing contracts
- COrdinary lost profits, but not the profits from the special contracts
- DNothing, because all lost profits are too remote
6.Medium
A seller of land never used for sheep says it could carry 2,000 sheep. Both know he has no experience of sheep farming on it. The statement is most likely:
- AAn honest opinion, not a misrepresentation
- BA condition of the contract
- CA fraudulent misrepresentation
- DA statement of future intention
7.Hard
A distribution agreement says it is not a formal or legal agreement and is "binding in honour only". In Rose and Frank v Crompton, the court held:
- AThe agreement was void as illegal
- BThe agreement itself was not legally binding
- CThe agreement was binding despite those words
- DThe agreement was a deed and binding
8.Hard
A seller quotes on its terms with a price variation clause. The buyer orders on its own terms without that clause, with a tear-off acknowledgement slip, which the seller signs and returns. In Butler Machine Tool v Ex-Cell-O, the contract was on:
- ANo terms, because there was no contract
- BThe buyer's terms, because the seller accepted its counter-offer
- CThe seller's terms, because it sent its terms and price variation clause first
- DA mixture of terms chosen by the court as fair
Answer key
- 1. C · Is valid until the affected party chooses to set it aside
- 2. A · An offer and an acceptance, with the intention to be legally bound
- 3. D · Cannot recover for losses they could reasonably have avoided
- 4. C · Can usually recover the £400
- 5. C · Ordinary lost profits, but not the profits from the special contracts
- 6. A · An honest opinion, not a misrepresentation
- 7. B · The agreement itself was not legally binding
- 8. B · The buyer's terms, because the seller accepted its counter-offer
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