1.Easy
An offeree asks whether the offeror would accept delivery in two parts, without rejecting the original terms. This is:
- AA revocation
- BA counter-offer
- CAn acceptance
- DA request for information
2.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
3.Easy
In English law, a newspaper advertisement offering goods for sale at a stated price is usually:
- AA collateral contract with each reader
- BAn acceptance of future orders
- CAn invitation to treat
- DA unilateral offer to all readers
4.Medium
Under the Law Reform (Frustrated Contracts) Act 1943, money paid before a frustrating event is generally:
- APayable twice, as a penalty
- BRecoverable, though the court may let the payee keep some for expenses
- CPaid into court for distribution
- DLost, because the loss must lie where it falls once the contract is frustrated
5.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:
- APart of the contract, because she stayed in the room
- BNot part of the contract, because it came after formation
- CPart of the contract, because hotels may exclude liability
- DBinding from the second night onwards
6.Medium
What is consideration in common law contracts?
- ASomething of value given in exchange for a promise
- BCareful thought before signing
- CThe intention to create legal relations shown by both parties
- DThe written form of a contract
7.Hard
In a unilateral contract, once the offeree has started to perform the requested act:
- AThe full reward becomes payable immediately
- BThe offeror can still revoke at any time before performance is completed
- CThe offeror generally cannot revoke while performance continues
- DThe offeree becomes bound to complete performance
8.Hard
Under the EU Unfair Terms Directive, a non-negotiated consumer contract term is unfair if:
- AContrary to good faith, it causes a significant imbalance to the consumer's detriment
- BIt benefits the trader in any way, even where the consumer's rights are not significantly affected
- CThe consumer did not read it
- DIt was written in small font
Answer key
- 1. D · A request for information
- 2. B · A party shows, before performance is due, that it will not perform
- 3. C · An invitation to treat
- 4. B · Recoverable, though the court may let the payee keep some for expenses
- 5. B · Not part of the contract, because it came after formation
- 6. A · Something of value given in exchange for a promise
- 7. C · The offeror generally cannot revoke while performance continues
- 8. A · Contrary to good faith, it causes a significant imbalance to the consumer's detriment
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