1.Easy
For commercial agreements, English courts presume that the parties:
- AIntend to create legal relations
- BDo not intend to create legal relations
- CIntend the agreement to be a gift
- DIntend only a moral obligation
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
A shop displays a jacket with a price tag in its window. In English law this is usually:
- AA unilateral contract
- BAn acceptance
- CA binding offer to sell at that price
- DAn invitation to treat
4.Medium
A misrepresentation is:
- AA promise about future behaviour that is not kept, even if honestly made
- BA false statement of fact that induces someone to enter a contract
- CAn opinion that turns out to be wrong
- DSilence about any fact at all
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 she relied on the promise
- BShe succeeded, because the promise was made in writing
- CShe failed, because promissory estoppel is a shield, not a sword
- DShe failed, because family agreements are never legally binding on either party
6.Medium
In English law, the "postal rule" means an acceptance sent by post takes effect:
- AWhen the letter arrives
- BWhen the offeror replies
- CWhen the letter is posted
- DWhen the letter is read
7.Hard
A posts an offer. A week later A posts a revocation. B receives the offer and immediately accepts by telegram, and only later receives the revocation. Applying Byrne v Van Tienhoven:
- AThere was no contract, because the revocation was posted before B's acceptance was sent
- BA contract was made only when B received the revocation
- CA contract was made when B accepted, because the revocation had not yet arrived
- DThere was no contract, because offers by post can be revoked at any time
8.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 carrier committed a crime of extortion
- BThe new agreement was binding as a free variation
- CThe new agreement was not binding, due to economic duress
- DThe new agreement was binding, as the carrier's continued performance was a practical benefit
Answer key
- 1. A · Intend to create legal relations
- 2. B · Rectification
- 3. D · An invitation to treat
- 4. B · A false statement of fact that induces someone to enter a contract
- 5. C · She failed, because promissory estoppel is a shield, not a sword
- 6. C · When the letter is posted
- 7. C · A contract was made when B accepted, because the revocation had not yet arrived
- 8. C · The new agreement was not binding, due to economic duress
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