1.Easy
In English law, agreements between spouses living together in harmony are presumed to be:
- ABinding only if witnessed
- BBinding only for one year
- CAlways legally binding
- DNot intended to be legally binding
2.Easy
Under the contra proferentem rule, an ambiguous term is interpreted:
- AIn favour of the stronger party
- BAgainst the party who relies on it
- CAs if it were not part of the contract
- DIn favour of the party who drafted it
3.Easy
A vague sales claim such as "the best coffee in the world" is usually treated as:
- AA condition of the contract
- BA fraudulent misrepresentation
- CAn implied warranty of quality
- DA mere puff with no legal effect
4.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 void agreement for lack of certainty
- CA contract only for the first delivery
- DA contract accepted by conduct
5.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 claim only half the loss
- BThe buyer loses all remedies by failing to check
- CThe buyer can still rely on the misrepresentation
- DThe misrepresentation becomes a term
6.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:
- ANot part of the contract, because it came after formation
- BBinding from the second night onwards
- CPart of the contract, because hotels may exclude liability
- DPart of the contract, because she stayed in the room
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
In Carlill v Carbolic Smoke Ball Co, the court held that the advertisement was:
- AA contract only with the newspaper
- BA unilateral offer that could be accepted by performing the conditions
- CA mere advertising puff with no legal effect, since no one could take it seriously
- DAn invitation to treat
Answer key
- 1. D · Not intended to be legally binding
- 2. B · Against the party who relies on it
- 3. D · A mere puff with no legal effect
- 4. D · A contract accepted by conduct
- 5. C · The buyer can still rely on the misrepresentation
- 6. A · Not part of the contract, because it came after formation
- 7. A · The new agreement was not binding, due to economic duress
- 8. B · A unilateral offer that could be accepted by performing the conditions
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