1.Easy
In contract law, the "offeree" is:
- AThe person who makes the offer
- BThe lawyer who drafts the offer
- CA third party who benefits from the contract
- DThe person to whom an offer is made
2.Easy
In English law, revocation of an offer takes effect:
- AAs soon as the offeror privately decides
- BOnly after a reasonable notice period
- CWhen it is actually communicated to the offeree
- DWhen the letter of revocation is posted
3.Easy
The rule that "consideration must move from the promisee" means:
- AA person can enforce a promise only if they gave consideration for it
- BThe promisor must provide all the consideration for the promise it makes
- CThe promisee must always pay in cash
- DThe consideration must be handed to a court
4.Medium
Under section 2(1) of the Misrepresentation Act 1967, a person who made a false statement inducing a contract is liable in damages unless:
- AThe claimant proves that the statement was made fraudulently and not merely carelessly
- BThe contract was made between two businesses
- CThey prove they had reasonable grounds to believe, and did believe, it was true
- DThe statement was made orally and not in writing
5.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:
- AA fraudulent misrepresentation
- BA statement of future intention
- CA condition of the contract
- DAn honest opinion, not a misrepresentation
6.Medium
An actor withdraws from a TV film and the company cannot prove what profit the film would have made. It may claim:
- AOnly nominal damages of a small sum
- BIts estimated profits from the film, even if they are purely speculative
- CPunitive damages to deter the actor
- DIts wasted expenditure, including costs incurred before the contract
7.Hard
A buyer specifically asks a surveyor to check aircraft noise at a property. The surveyor negligently reports no problem. In Farley v Skinner:
- AOnly the difference in market value was recoverable
- BDamages for discomfort were recoverable, as peace of mind was an important object of the obligation
- CNo damages were recoverable, because damages for distress or discomfort are always excluded in contract
- DThe buyer had to sell the house before claiming
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 oral variation was effective, because parties can always vary orally
- BThe variation was effective as it had consideration
- CThe oral variation was ineffective, because the clause was binding
- DThe clause was void as against public policy
Answer key
- 1. D · The person to whom an offer is made
- 2. C · When it is actually communicated to the offeree
- 3. A · A person can enforce a promise only if they gave consideration for it
- 4. C · They prove they had reasonable grounds to believe, and did believe, it was true
- 5. D · An honest opinion, not a misrepresentation
- 6. D · Its wasted expenditure, including costs incurred before the contract
- 7. B · Damages for discomfort were recoverable, as peace of mind was an important object of the obligation
- 8. C · The oral variation was ineffective, because the clause was binding
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