1.Easy
An offer with no stated time limit lapses:
- AAfter a reasonable time
- BNever, unless revoked
- CAfter exactly seven days
- DAt midnight on the day it is made
2.Easy
Which statement about silence as acceptance is correct in general?
- ASilence always counts as acceptance
- BSilence usually does not count as acceptance
- CSilence counts as acceptance after 24 hours
- DSilence counts as acceptance if the offeror says so
3.Easy
A "voidable" contract is one that:
- AIs valid until the affected party chooses to set it aside
- BIs a criminal agreement and illegal
- CCan only be ended by both parties agreeing together to cancel it
- DNever had any legal effect at all
4.Medium
A hotel guest sees an exclusion notice in her room only after booking and paying at reception. Under Olley v Marlborough Court Hotel, the notice is:
- ANot part of the contract, because it came after formation
- BPart of the contract, because she stayed in the room
- CBinding from the second night onwards
- DPart of the contract, because hotels may exclude liability
5.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:
- AVoid, because the price was wrongly estimated
- BNot frustrated, because it has only become more onerous
- CAutomatically varied to a reasonable price
- DFrustrated, because the costs rose unexpectedly and substantially
6.Medium
A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:
- ANothing, because performance was not exact
- BThe full price with no deduction
- CThe price less the cost of putting the defects right
- DOnly payment for the materials used
7.Hard
In English law, a presumption of undue influence typically arises when:
- AThere is a relationship of trust and confidence and a transaction that calls for explanation
- BAny customer signs a contract with a bank
- CAny contract is made between members of a family
- DThe price agreed is substantially lower than the market price, whatever the relationship of the parties
8.Hard
Which statement about the parol evidence rule is correct?
- ACourts must accept any later oral statement as overriding the express written terms of the contract
- BWritten contracts can never be interpreted
- COral contracts are always invalid
- DEvidence outside a written contract is generally not admitted to add to or vary its terms
Answer key
- 1. A · After a reasonable time
- 2. B · Silence usually does not count as acceptance
- 3. A · Is valid until the affected party chooses to set it aside
- 4. A · Not part of the contract, because it came after formation
- 5. B · Not frustrated, because it has only become more onerous
- 6. C · The price less the cost of putting the defects right
- 7. A · There is a relationship of trust and confidence and a transaction that calls for explanation
- 8. D · Evidence outside a written contract is generally not admitted to add to or vary its terms
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