1.Easy
Which statement about silence as acceptance is correct in general?
- ASilence counts as acceptance after 24 hours
- BSilence always counts as acceptance
- CSilence counts as acceptance if the offeror says so
- DSilence usually does not count as acceptance
2.Easy
A unilateral contract is one in which:
- AOnly one party signs the written document, so only that party is bound by it
- BOnly one party is allowed to terminate it
- COne party promises something in return for the other performing an act
- DThe terms are imposed by statute on one party
3.Easy
An offeree asks whether the offeror would accept delivery in two parts, without rejecting the original terms. This is:
- AA revocation
- BA request for information
- CAn acceptance
- DA counter-offer
4.Medium
Sailors are promised extra wages for sailing a ship home after two crew members desert, but they do no more than their contract already required. In Stilk v Myrick the promise was:
- AUnenforceable for lack of consideration
- BEnforceable as a practical benefit
- CUnenforceable because it was made at sea
- DEnforceable because the captain agreed freely
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
A buyer is told false figures about a business and is offered documents that would reveal the truth, but does not read them. Under Redgrave v Hurd:
- AThe buyer can still rely on the misrepresentation
- BThe buyer loses all remedies by failing to check
- CThe misrepresentation becomes a term
- DThe buyer can claim only half the loss
7.Hard
A carrier, knowing a small company depends on its deliveries to supply a major customer, refuses to continue unless paid a higher minimum price. The company agrees as it has no alternative. In Atlas Express v Kafco:
- AThe new agreement was not binding, due to economic duress
- BThe new agreement was binding as a free variation
- CThe new agreement was binding, as the carrier's continued performance was a practical benefit
- DThe carrier committed a crime of extortion
8.Hard
Liquidated damages clauses are enforceable in English law when:
- AThey are set as high as possible, so that they deter either party from breaching
- BThey are agreed orally only
- CThey protect a legitimate interest and are not out of all proportion to it
- DOnly the party in breach benefits from them
Answer key
- 1. D · Silence usually does not count as acceptance
- 2. C · One party promises something in return for the other performing an act
- 3. B · A request for information
- 4. A · Unenforceable for lack of consideration
- 5. B · Avoided (set aside) by the pressured party
- 6. A · The buyer can still rely on the misrepresentation
- 7. A · The new agreement was not binding, due to economic duress
- 8. C · They protect a legitimate interest and are not out of all proportion to it
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