1.Easy
The rule that "consideration must move from the promisee" means:
- AA person can enforce a promise only if they gave consideration for it
- BThe promisor must provide all the consideration for the promise it makes
- CThe promisee must always pay in cash
- DThe consideration must be handed to a court
2.Easy
Which equitable remedy corrects a written contract so it records what the parties actually agreed?
- ARescission
- BSpecific performance
- CRectification
- DQuantum meruit
3.Easy
When can an offer generally be withdrawn?
- ANever, once it has been made
- BOnly by a court
- COnly after it has been accepted
- DBefore it has been accepted
4.Medium
A boiler is delivered late to a laundry. The seller knew it was needed for the business but not about especially lucrative dyeing contracts. Under Victoria Laundry v Newman, the laundry recovers:
- AOnly the price it paid for the boiler
- BOrdinary lost profits, but not the profits from the special contracts
- CNothing, because all lost profits are too remote
- DAll lost profits, including those from the especially lucrative dyeing contracts
5.Medium
In Hadley v Baxendale, damages are recoverable for losses that:
- AArise naturally from the breach or were in the reasonable contemplation of both parties
- BWere caused by a third party
- CThe claimant suffered only after the trial
- DWere caused in any factual sense by the breach, however unusual and unforeseeable they were
6.Medium
Under EU consumer law, a consumer who buys online usually has the right to withdraw within:
- ANo time, because online sales are final
- B30 days, only if the goods are defective
- C14 days without giving a reason
- D3 days, only with a reason
7.Hard
Specific performance is usually ordered when:
- AThe defendant has no money
- BThe contract involves personal services, such as employment or performance contracts
- CDamages would be an inadequate remedy, for example for unique goods or land
- DThe claimant asks for it in any case
8.Hard
A council invites tenders by a deadline. A club submits on time, but the council wrongly treats it as late and ignores it. In Blackpool and Fylde Aero Club v Blackpool BC, the Court of Appeal held:
- AThe club could only claim in tort for negligence
- BThere was no obligation of any kind, as an invitation to tender is only an invitation to treat
- CThe council was obliged to accept the club's tender
- DThe council breached an implied contract to consider conforming tenders
Answer key
- 1. A · A person can enforce a promise only if they gave consideration for it
- 2. C · Rectification
- 3. D · Before it has been accepted
- 4. B · Ordinary lost profits, but not the profits from the special contracts
- 5. A · Arise naturally from the breach or were in the reasonable contemplation of both parties
- 6. C · 14 days without giving a reason
- 7. C · Damages would be an inadequate remedy, for example for unique goods or land
- 8. D · The council breached an implied contract to consider conforming tenders
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