1.Easy
According to Derry v Peek, a misrepresentation is fraudulent if the maker:
- AMade a profit from the contract that followed
- BMade it carelessly and without checking the facts, though honestly believing it
- CKnew it was false, did not believe it, or was reckless whether it was true
- DMade it in a written document
2.Easy
A vague sales claim such as "the best coffee in the world" is usually treated as:
- AA condition of the contract
- BA mere puff with no legal effect
- CA fraudulent misrepresentation
- DAn implied warranty of quality
3.Easy
In England and Wales, a contract for the sale of land must be:
- AIn writing, containing all agreed terms, and signed by both parties
- BMade orally in front of two witnesses
- CMade only through an estate agent
- DApproved by a court and registered with HM Land Registry before it is made
4.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
- CWere caused in any factual sense by the breach, however unusual and unforeseeable they were
- DThe claimant suffered only after the trial
5.Medium
A supplier receives a draft agreement, never signs or returns it, but both sides trade on its terms for years. A court is likely to find:
- ANo contract, because nothing was signed
- BA contract only for the first delivery
- CA void agreement for lack of certainty
- DA contract accepted by conduct
6.Medium
Under EU consumer law, a consumer who buys online usually has the right to withdraw within:
- A3 days, only with a reason
- B14 days without giving a reason
- C30 days, only if the goods are defective
- DNo time, because online sales are final
7.Hard
A flat is hired for two days to watch a coronation procession, which is cancelled because the King is ill. The contract does not mention the procession. In Krell v Henry:
- AThe contract was not frustrated, because the flat was still available
- BThe contract was frustrated, because the procession was its foundation
- CThe contract was void for common mistake
- DThe hirer had to pay as the risk was his
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:
- AHeld that no remedy was available
- BAwarded punitive damages to the Crown
- COrdered him to account for his profits, in an exceptional case
- DAwarded only nominal damages
Answer key
- 1. C · Knew it was false, did not believe it, or was reckless whether it was true
- 2. B · A mere puff with no legal effect
- 3. A · In writing, containing all agreed terms, and signed by both parties
- 4. A · Arise naturally from the breach or were in the reasonable contemplation of both parties
- 5. D · A contract accepted by conduct
- 6. B · 14 days without giving a reason
- 7. B · The contract was frustrated, because the procession was its foundation
- 8. C · Ordered him to account for his profits, in an exceptional case
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