1.Easy
What is the most common remedy for breach of contract?
- AAutomatic transfer of all the defendant's assets
- BImprisonment
- CDamages
- DA fine paid to the state
2.Easy
Under the contra proferentem rule, an ambiguous term is interpreted:
- AAgainst the party who relies on it
- BIn favour of the party who drafted it
- CAs if it were not part of the contract
- DIn favour of the stronger party
3.Easy
Which statement about silence as acceptance is correct in general?
- ASilence always counts as acceptance
- BSilence counts as acceptance after 24 hours
- CSilence counts as acceptance if the offeror says so
- DSilence usually does not count as acceptance
4.Medium
A sailor is to be paid only on completing a voyage, but dies part of the way. Under the strict rule applied in Cutter v Powell:
- ANothing was recoverable for the part performed
- BThe ship owner had to pay compensation
- CThe full wages were payable
- DA proportion of the wages was payable
5.Medium
A court will imply a term in fact into a commercial contract only if:
- AIt would benefit the weaker party
- BIt would be reasonable and fair to both parties, even if it is not necessary
- CIt is necessary for business efficacy or so obvious it goes without saying
- DIt is usual in contracts in other industries
6.Medium
Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:
- AAlways, because businesses can bargain freely
- BOnly if it satisfies the requirement of reasonableness
- CNever, in any circumstances
- DOnly if signed by a company director
7.Hard
A pays B money to bet on shares using insider information, which is illegal. The bet never happens and A wants the money back. In Patel v Mirza, the Supreme Court held:
- AA could recover the money, applying a policy-based approach to illegality
- BA could recover only half the money
- CA could not recover, because no claim can be founded on an illegal agreement
- DThe money passed to the state as illegal proceeds
8.Hard
In Carlill v Carbolic Smoke Ball Co, the court held that the advertisement was:
- AA mere advertising puff with no legal effect, since no one could take it seriously
- BA unilateral offer that could be accepted by performing the conditions
- CA contract only with the newspaper
- DAn invitation to treat
Answer key
- 1. C · Damages
- 2. A · Against the party who relies on it
- 3. D · Silence usually does not count as acceptance
- 4. A · Nothing was recoverable for the part performed
- 5. C · It is necessary for business efficacy or so obvious it goes without saying
- 6. B · Only if it satisfies the requirement of reasonableness
- 7. A · A could recover the money, applying a policy-based approach to illegality
- 8. B · A unilateral offer that could be accepted by performing the conditions
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