1.Easy
Anticipatory breach occurs when:
- AAn expert predicts, before performance is due, that a party will probably breach
- BA party shows, before performance is due, that it will not perform
- CA party performs earlier than the agreed date
- DA party breaches a term that has not yet been agreed
2.Easy
The rule that "consideration must move from the promisee" means:
- AThe promisee must always pay in cash
- BA person can enforce a promise only if they gave consideration for it
- CThe promisor must provide all the consideration for the promise it makes
- DThe consideration must be handed to a court
3.Easy
In contract law, the "offeree" is:
- AThe person who makes the offer
- BA third party who benefits from the contract
- CThe lawyer who drafts the offer
- DThe person to whom an offer is made
4.Medium
In English law, the "postal rule" means an acceptance sent by post takes effect:
- AWhen the letter is read
- BWhen the letter arrives
- CWhen the letter is posted
- DWhen the offeror replies
5.Medium
A contract made under duress may be:
- AAutomatically valid with no remedy
- BAvoided (set aside) by the pressured party
- CEnforced against the pressured party in every case
- DTurned into a criminal offence only
6.Medium
Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:
- AOnly if it satisfies the requirement of reasonableness
- BAlways, because businesses can bargain freely
- COnly if signed by a company director
- DNever, in any circumstances
7.Hard
A builder agrees to finish work for an agreed price, then demands more money. The client pays to avoid delay and gets a practical benefit. In English law (Williams v Roffey), the promise to pay more may be:
- AEnforceable only if made in writing
- BA criminal offence
- CUnenforceable, because performing an existing contractual duty can never be good consideration
- DEnforceable, because the practical benefit can be consideration if there is no duress
8.Hard
In a unilateral contract, once the offeree has started to perform the requested act:
- AThe offeror generally cannot revoke while performance continues
- BThe full reward becomes payable immediately
- CThe offeror can still revoke at any time before performance is completed
- DThe offeree becomes bound to complete performance
Answer key
- 1. B · A party shows, before performance is due, that it will not perform
- 2. B · A person can enforce a promise only if they gave consideration for it
- 3. D · The person to whom an offer is made
- 4. C · When the letter is posted
- 5. B · Avoided (set aside) by the pressured party
- 6. A · Only if it satisfies the requirement of reasonableness
- 7. D · Enforceable, because the practical benefit can be consideration if there is no duress
- 8. A · The offeror generally cannot revoke while performance continues
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