1.Easy
A counter-offer has which effect on the original offer?
- AIt rejects and ends the original offer
- BIt has no effect at all
- CIt makes the original offer irrevocable
- DIt accepts the original offer
2.Easy
Which elements are generally needed to form a contract?
- AAn offer and an acceptance, with the intention to be legally bound
- BA witness for each party
- CA payment made in advance
- DA written document signed by both parties and certified by a notary
3.Easy
A term that the parties did not state, but which a court reads into the contract, is:
- AA collateral warranty
- BAn implied term
- CA condition precedent
- DAn express term
4.Medium
Promissory estoppel can prevent a party from:
- AMaking any new promises
- BSuing for any breach at all, including breaches entirely unrelated to the promise that it made
- CGoing back on a promise not to enforce strict legal rights, when the other relied on it
- DEntering into future contracts
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:
- ASuspended until more licences were issued
- BFrustrated by the government licensing decision
- CVoid, because licences were a condition precedent
- DNot frustrated, because the problem was self-induced
6.Medium
Police provide extra officers at a mine during a strike, beyond what their public duty requires, at the owner's request. The owner's promise to pay is:
- AUnenforceable, because police protection can never be consideration for a promise
- BEnforceable, because doing more than a public duty is consideration
- CEnforceable only if approved by Parliament
- DVoid, because it is contrary to public policy
7.Hard
In English law, a presumption of undue influence typically arises when:
- AAny customer signs a contract with a bank
- BAny contract is made between members of a family
- CThe price agreed is substantially lower than the market price, whatever the relationship of the parties
- DThere is a relationship of trust and confidence and a transaction that calls for explanation
8.Hard
A council writes that it "may be prepared to sell" a house to a tenant and invites a formal application. The tenant applies, then the council changes its policy. In Gibson v Manchester City Council, the House of Lords held:
- AThe council was bound by estoppel to sell
- BA contract was formed when the tenant applied
- CThere was no contract, because the letter was not an offer
- DA contract was formed when the council's letter was sent to the tenant
Answer key
- 1. A · It rejects and ends the original offer
- 2. A · An offer and an acceptance, with the intention to be legally bound
- 3. B · An implied term
- 4. C · Going back on a promise not to enforce strict legal rights, when the other relied on it
- 5. D · Not frustrated, because the problem was self-induced
- 6. B · Enforceable, because doing more than a public duty is consideration
- 7. D · There is a relationship of trust and confidence and a transaction that calls for explanation
- 8. C · There was no contract, because the letter was not an offer
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