1.Easy
The duty to mitigate loss means that a claimant:
- ACannot recover for losses they could reasonably have avoided
- BMust sue within one month of the breach
- CMust prove the breach was deliberate
- DMust accept any offer made by the party in breach
2.Easy
The rule that "consideration must move from the promisee" means:
- AA person can enforce a promise only if they gave consideration for it
- BThe promisee must always pay in cash
- CThe consideration must be handed to a court
- DThe promisor must provide all the consideration for the promise it makes
3.Easy
An offeree asks whether the offeror would accept delivery in two parts, without rejecting the original terms. This is:
- AA request for information
- BA revocation
- CAn acceptance
- DA counter-offer
4.Medium
At an auction in England, the contract of sale is completed when:
- AThe auctioneer brings down the hammer
- BThe bidder makes the highest bid
- CThe buyer collects the goods
- DThe auctioneer puts the item up for sale
5.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:
- AB can sue A for breaking the promise to keep it open
- BThe offer has been revoked, so B can no longer accept
- CThe offer stays open until Friday, as A promised
- DB can accept and claim the property from the new buyer
6.Medium
A fishing company receives fewer licences than it needs and chooses to assign them to its other ships, not the chartered one. In Maritime National Fish v Ocean Trawlers the charter was:
- AVoid, because licences were a condition precedent
- BFrustrated by the government licensing decision
- CNot frustrated, because the problem was self-induced
- DSuspended until more licences were issued
7.Hard
In Great Peace Shipping v Tsavliris Salvage, the Court of Appeal held that a contract is void for common mistake only if the mistake makes performance:
- ADifferent from the contract in a minor detail
- BImpossible or essentially different from what the parties agreed
- CMore expensive to carry out than both parties had expected when contracting
- DCommercially less attractive for one party
8.Hard
In a unilateral contract, once the offeree has started to perform the requested act:
- AThe offeror generally cannot revoke while performance continues
- BThe offeree becomes bound to complete performance
- CThe offeror can still revoke at any time before performance is completed
- DThe full reward becomes payable immediately
Answer key
- 1. A · Cannot recover for losses they could reasonably have avoided
- 2. A · A person can enforce a promise only if they gave consideration for it
- 3. A · A request for information
- 4. A · The auctioneer brings down the hammer
- 5. B · The offer has been revoked, so B can no longer accept
- 6. C · Not frustrated, because the problem was self-induced
- 7. B · Impossible or essentially different from what the parties agreed
- 8. A · The offeror generally cannot revoke while performance continues
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