1.Easy
What is the most common remedy for breach of contract?
- AA fine paid to the state
- BAutomatic transfer of all the defendant's assets
- CImprisonment
- DDamages
2.Easy
According to Derry v Peek, a misrepresentation is fraudulent if the maker:
- AMade it in a written document
- BKnew it was false, did not believe it, or was reckless whether it was true
- CMade it carelessly and without checking the facts, though honestly believing it
- DMade a profit from the contract that followed
3.Easy
An offer with no stated time limit lapses:
- ANever, unless revoked
- BAfter exactly seven days
- CAfter a reasonable time
- DAt midnight on the day it is made
4.Medium
An acceptance is sent by telex and arrives in the offeror's office during working hours. Under Entores v Miles Far East, acceptance takes effect:
- AWhen the offeror reads it a week later
- BWhen it is confirmed by post
- CWhen it is received by the offeror
- DWhen it is sent by the offeree
5.Medium
A former wife sues for maintenance her ex-husband promised, relying only on promissory estoppel because she gave no consideration. In Combe v Combe:
- AShe succeeded, because the promise was made in writing
- BShe failed, because family agreements are never legally binding on either party
- CShe succeeded, because she relied on the promise
- DShe failed, because promissory estoppel is a shield, not a sword
6.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:
- AAll lost profits, including those from the especially lucrative dyeing contracts
- BOnly the price it paid for the boiler
- CNothing, because all lost profits are too remote
- DOrdinary lost profits, but not the profits from the special contracts
7.Hard
An act done before a promise was made can still be good consideration if:
- AIt was valuable to the promisor when it was done
- BThe later promise was made in writing
- CThe act was done within one year before the promise and was of some value to the promisor
- DIt was requested, payment was understood, and the promise would otherwise be enforceable
8.Hard
Asked to "telegraph lowest cash price" for a property, the owner replies "Lowest price £900". The enquirer then telegraphs that he accepts. In Harvey v Facey:
- AThe reply was a counter-offer, which the enquirer's telegram then accepted
- BThere was a contract at £900
- CThere was a contract at a reasonable price
- DThere was no contract, because stating a lowest price was not an offer
Answer key
- 1. D · Damages
- 2. B · Knew it was false, did not believe it, or was reckless whether it was true
- 3. C · After a reasonable time
- 4. C · When it is received by the offeror
- 5. D · She failed, because promissory estoppel is a shield, not a sword
- 6. D · Ordinary lost profits, but not the profits from the special contracts
- 7. D · It was requested, payment was understood, and the promise would otherwise be enforceable
- 8. D · There was no contract, because stating a lowest price was not an offer
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