1.Easy
Which equitable remedy corrects a written contract so it records what the parties actually agreed?
- ARescission
- BRectification
- CSpecific performance
- DQuantum meruit
2.Easy
A term that the parties did not state, but which a court reads into the contract, is:
- AAn implied term
- BA condition precedent
- CA collateral warranty
- DAn express term
3.Easy
Anticipatory breach occurs when:
- AA party performs earlier than the agreed date
- BAn expert predicts, before performance is due, that a party will probably breach
- CA party shows, before performance is due, that it will not perform
- DA party breaches a term that has not yet been agreed
4.Medium
A misrepresentation is:
- AA false statement of fact that induces someone to enter a contract
- BAn opinion that turns out to be wrong
- CSilence about any fact at all
- DA promise about future behaviour that is not kept, even if honestly made
5.Medium
A fishing company receives fewer licences than it needs and chooses to assign them to its other ships, not the chartered one. In Maritime National Fish v Ocean Trawlers the charter was:
- AVoid, because licences were a condition precedent
- BSuspended until more licences were issued
- CFrustrated by the government licensing decision
- DNot frustrated, because the problem was self-induced
6.Medium
A supplier receives a draft agreement, never signs or returns it, but both sides trade on its terms for years. A court is likely to find:
- ANo contract, because nothing was signed
- BA contract only for the first delivery
- CA void agreement for lack of certainty
- DA contract accepted by conduct
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:
- AThe money passed to the state as illegal proceeds
- BA could recover only half the money
- CA could not recover, because no claim can be founded on an illegal agreement
- DA could recover the money, applying a policy-based approach to illegality
8.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 a deed and binding
- DThe agreement was binding despite those words
Answer key
- 1. B · Rectification
- 2. A · An implied term
- 3. C · A party shows, before performance is due, that it will not perform
- 4. A · A false statement of fact that induces someone to enter a contract
- 5. D · Not frustrated, because the problem was self-induced
- 6. D · A contract accepted by conduct
- 7. D · A could recover the money, applying a policy-based approach to illegality
- 8. B · The agreement itself was not legally binding
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