1.Easy
According to Derry v Peek, a misrepresentation is fraudulent if the maker:
- AKnew it was false, did not believe it, or was reckless whether it was true
- BMade it carelessly and without checking the facts, though honestly believing it
- CMade it in a written document
- DMade a profit from the contract that followed
2.Easy
Minors (under 18) entering contracts are generally:
- ABound in exactly the same way as adults, unless their parents object in writing
- BNever able to make any contract
- CLiable only if their parents sign too
- DProtected, so many of their contracts are not enforceable against them
3.Easy
Who can usually enforce a contract?
- AOnly the state
- BThe parties to the contract
- CAnyone who hears about it or is affected by it
- DOnly lawyers
4.Medium
A promises to keep an offer open until Friday. On Thursday, B hears from a reliable third party that A has sold the property to someone else. Under Dickinson v Dodds:
- AThe offer stays open until Friday, as A promised
- BB can sue A for breaking the promise to keep it open
- CThe offer has been revoked, so B can no longer accept
- DB can accept and claim the property from the new buyer
5.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 sent by the offeree
- DWhen it is received by the offeror
6.Medium
A doctor selling his practice truthfully states its income, but the income falls sharply before the contract is signed and he says nothing. This is:
- AA misrepresentation, because he should have corrected the statement
- BA mere opinion about future income
- CA breach of an implied condition of quality
- DNot a misrepresentation, because the statement was true when it was made
7.Hard
A wife guarantees her husband's business debts to a bank. Under RBS v Etridge (No 2), the bank should normally:
- ASeek a court's approval of the guarantee
- BRefuse the guarantee unless she has her own income
- CHave the husband explain the risks to her
- DObtain confirmation that a solicitor has advised her
8.Hard
In the Dutch Civil Code (BW), an offer that states a time limit for acceptance is:
- AIrrevocable during that period
- BInvalid without notarial approval
- CRevocable at any moment before acceptance
- DAutomatically accepted at the end of the period
Answer key
- 1. A · Knew it was false, did not believe it, or was reckless whether it was true
- 2. D · Protected, so many of their contracts are not enforceable against them
- 3. B · The parties to the contract
- 4. C · The offer has been revoked, so B can no longer accept
- 5. D · When it is received by the offeror
- 6. A · A misrepresentation, because he should have corrected the statement
- 7. D · Obtain confirmation that a solicitor has advised her
- 8. A · Irrevocable during that period
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