1.Easy
Under the UK Consumer Rights Act 2015, goods supplied by a trader to a consumer must be:
- ACovered by a five-year manufacturer guarantee against all defects
- BBrand new and in their original packaging
- CSold below the recommended retail price
- DOf satisfactory quality, fit for purpose and as described
2.Easy
A term that is fundamental to the contract, whose breach allows termination, is called in English law a:
- AWarranty
- BInvitation to treat
- CRepresentation
- DCondition
3.Easy
Which elements are generally needed to form a contract?
- AA written document signed by both parties and certified by a notary
- BA witness for each party
- CAn offer and an acceptance, with the intention to be legally bound
- DA payment made in advance
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:
- ACan usually recover the £400
- BMust give back the £600 first
- CCan recover only if the agreement was oral
- DCannot recover anything more
5.Medium
Under EU consumer law, a consumer who buys online usually has the right to withdraw within:
- A3 days, only with a reason
- B14 days without giving a reason
- CNo time, because online sales are final
- D30 days, only if the goods are defective
6.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
- BBinding from the second night onwards
- CPart of the contract, because she stayed in the room
- DPart of the contract, because hotels may exclude liability
7.Hard
An innocent party who terminates a contract for repudiatory breach must generally:
- APay a penalty to the party in breach
- BClearly communicate the decision to accept the repudiation
- CContinue performing until the contract ends naturally on its agreed date
- DWait for a court order before stopping performance
8.Hard
An act done before a promise was made can still be good consideration if:
- AThe later promise was made in writing
- BThe act was done within one year before the promise and was of some value to the promisor
- CIt was requested, payment was understood, and the promise would otherwise be enforceable
- DIt was valuable to the promisor when it was done
Answer key
- 1. D · Of satisfactory quality, fit for purpose and as described
- 2. D · Condition
- 3. C · An offer and an acceptance, with the intention to be legally bound
- 4. A · Can usually recover the £400
- 5. B · 14 days without giving a reason
- 6. A · Not part of the contract, because it came after formation
- 7. B · Clearly communicate the decision to accept the repudiation
- 8. C · It was requested, payment was understood, and the promise would otherwise be enforceable
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