1.Easy
In English law, a newspaper advertisement offering goods for sale at a stated price is usually:
- AAn invitation to treat
- BA collateral contract with each reader
- CAn acceptance of future orders
- DA unilateral offer to all readers
2.Easy
For commercial agreements, English courts presume that the parties:
- AIntend the agreement to be a gift
- BIntend only a moral obligation
- CDo not intend to create legal relations
- DIntend to create legal relations
3.Easy
A term that the parties did not state, but which a court reads into the contract, is:
- AAn implied term
- BAn express term
- CA collateral warranty
- DA condition precedent
4.Medium
A builder's job takes much longer and costs much more than planned because of labour shortages. Under Davis Contractors v Fareham UDC, the contract is:
- AAutomatically varied to a reasonable price
- BVoid, because the price was wrongly estimated
- CNot frustrated, because it has only become more onerous
- DFrustrated, because the costs rose unexpectedly and substantially
5.Medium
Which of these will usually bar rescission for misrepresentation?
- AThe contract was made in writing
- BThe innocent party affirms the contract after learning the truth
- CThe misrepresentation was innocent rather than fraudulent or negligent
- DThe misrepresentation was made by a company
6.Medium
In Hadley v Baxendale, damages are recoverable for losses that:
- AWere caused by a third party
- BWere caused in any factual sense by the breach, however unusual and unforeseeable they were
- CThe claimant suffered only after the trial
- DArise naturally from the breach or were in the reasonable contemplation of both parties
7.Hard
A husband who has left his wife signs a note promising to transfer the house to her if she pays off the mortgage. She does. In Merritt v Merritt, the promise was:
- AEnforceable, because separated spouses are presumed to intend legal relations
- BUnenforceable, because it was a domestic arrangement between husband and wife
- CEnforceable only because it was made by deed
- DUnenforceable, because she gave no consideration
8.Hard
A former spy publishes his memoirs in breach of his undertaking not to disclose official information. In AG v Blake, the House of Lords:
- AAwarded only nominal damages
- BOrdered him to account for his profits, in an exceptional case
- CHeld that no remedy was available
- DAwarded punitive damages to the Crown
Answer key
- 1. A · An invitation to treat
- 2. D · Intend to create legal relations
- 3. A · An implied term
- 4. C · Not frustrated, because it has only become more onerous
- 5. B · The innocent party affirms the contract after learning the truth
- 6. D · Arise naturally from the breach or were in the reasonable contemplation of both parties
- 7. A · Enforceable, because separated spouses are presumed to intend legal relations
- 8. B · Ordered him to account for his profits, in an exceptional case
Full step-by-step solutions: practise this topic on examproblems.com.