1.Easy
Which elements are generally needed to form a contract?
- AAn offer and an acceptance, with the intention to be legally bound
- BA written document signed by both parties and certified by a notary
- CA witness for each party
- DA payment made in advance
2.Easy
Which statement about silence as acceptance is correct in general?
- ASilence counts as acceptance if the offeror says so
- BSilence always counts as acceptance
- CSilence counts as acceptance after 24 hours
- DSilence usually does not count as acceptance
3.Easy
A vague sales claim such as "the best coffee in the world" is usually treated as:
- AA condition of the contract
- BA mere puff with no legal effect
- CA fraudulent misrepresentation
- DAn implied warranty of quality
4.Medium
A doctor selling his practice truthfully states its income, but the income falls sharply before the contract is signed and he says nothing. This is:
- AA mere opinion about future income
- BNot a misrepresentation, because the statement was true when it was made
- CA misrepresentation, because he should have corrected the statement
- DA breach of an implied condition of quality
5.Medium
Promissory estoppel can prevent a party from:
- AGoing back on a promise not to enforce strict legal rights, when the other relied on it
- BEntering into future contracts
- CSuing for any breach at all, including breaches entirely unrelated to the promise that it made
- DMaking any new promises
6.Medium
An offer says acceptance must be made "by notice in writing to us". The offeree posts an acceptance, which is lost. Under Holwell Securities v Hughes:
- AA contract was formed when the offeree decided to accept
- BThere is no contract, because actual notice was required
- CThe contract is void for common mistake
- DA contract was formed when the letter was posted
7.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 clause was void as against public policy
- CThe oral variation was ineffective, because the clause was binding
- DThe oral variation was effective, because parties can always vary orally
8.Hard
An actress is wrongly denied the chance to take part in the final stage of a competition in which some finalists would win prizes. In Chaplin v Hicks:
- AShe could recover damages for the loss of a chance
- BShe could recover only her travel expenses
- CShe could recover the full value of a prize
- DShe could recover nothing, because her loss was uncertain
Answer key
- 1. A · An offer and an acceptance, with the intention to be legally bound
- 2. D · Silence usually does not count as acceptance
- 3. B · A mere puff with no legal effect
- 4. C · A misrepresentation, because he should have corrected the statement
- 5. A · Going back on a promise not to enforce strict legal rights, when the other relied on it
- 6. B · There is no contract, because actual notice was required
- 7. C · The oral variation was ineffective, because the clause was binding
- 8. A · She could recover damages for the loss of a chance
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