1.Easy
Who can usually enforce a contract?
- AOnly lawyers
- BThe parties to the contract
- COnly the state
- DAnyone who hears about it or is affected by it
2.Easy
Which equitable remedy corrects a written contract so it records what the parties actually agreed?
- AQuantum meruit
- BRectification
- CRescission
- DSpecific performance
3.Easy
For commercial agreements, English courts presume that the parties:
- ADo not intend to create legal relations
- BIntend to create legal relations
- CIntend only a moral obligation
- DIntend the agreement to be a gift
4.Medium
An unusual and onerous term in standard conditions will only be incorporated if:
- AThe other party could have found it online
- BIt appears on the back of a receipt
- CIt was fairly and reasonably brought to the other party's attention
- DIt is printed anywhere in the contract documents, however small the type
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 misrepresentation becomes a term
- BThe buyer can claim only half the loss
- CThe buyer can still rely on the misrepresentation
- DThe buyer loses all remedies by failing to check
6.Medium
Frustration of contract occurs when:
- AOne party regrets the bargain
- BThe contract was badly drafted
- CAn unforeseen event makes performance impossible or radically different
- DPerformance becomes more expensive or more difficult than either party expected
7.Hard
Two parties agree to continue negotiating for the sale of a business, with no fixed period. In Walford v Miles, the House of Lords held that a bare agreement to negotiate in good faith is:
- AEnforceable only if made in writing
- BEnforceable, as an implied duty of good faith
- CEnforceable as a lock-out agreement
- DUnenforceable, because it lacks certainty
8.Hard
A buyer purchases oats thinking they are old oats. The seller knows they are new, but made no statement or promise that they were old. Under Smith v Hughes:
- AThe contract is void for unilateral mistake
- BThe contract is voidable, because the seller's silence amounted to a misrepresentation
- CThe seller had a duty to correct the buyer
- DThe contract is binding, because a mistake about quality alone is not enough
Answer key
- 1. B · The parties to the contract
- 2. B · Rectification
- 3. B · Intend to create legal relations
- 4. C · It was fairly and reasonably brought to the other party's attention
- 5. C · The buyer can still rely on the misrepresentation
- 6. C · An unforeseen event makes performance impossible or radically different
- 7. D · Unenforceable, because it lacks certainty
- 8. D · The contract is binding, because a mistake about quality alone is not enough
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