1.Easy
Which equitable remedy corrects a written contract so it records what the parties actually agreed?
- ARescission
- BSpecific performance
- CRectification
- DQuantum meruit
2.Easy
Rescission of a contract means:
- AOrdering a party to perform as promised
- BCorrecting the wording of a written contract
- CEnding the contract for the future only and claiming damages for lost profits
- DSetting the contract aside so the parties return to their original positions
3.Easy
Which English statute allows a third party to enforce a contract term in some cases?
- AUnfair Contract Terms Act 1977
- BContracts (Rights of Third Parties) Act 1999
- CMisrepresentation Act 1967
- DLaw Reform (Frustrated Contracts) Act 1943
4.Medium
A builder makes a swimming pool shallower than agreed. It is still safe and no less valuable, and rebuilding would cost far more than any benefit. In Ruxley Electronics v Forsyth the owner received:
- AThe full cost of rebuilding the pool
- BA modest sum for loss of amenity
- CNothing, as there was no loss in value
- DA full refund of the contract price
5.Medium
An actor withdraws from a TV film and the company cannot prove what profit the film would have made. It may claim:
- AIts wasted expenditure, including costs incurred before the contract
- BIts estimated profits from the film, even if they are purely speculative
- CPunitive damages to deter the actor
- DOnly nominal damages of a small sum
6.Medium
What is consideration in common law contracts?
- AThe written form of a contract
- BSomething of value given in exchange for a promise
- CCareful thought before signing
- DThe intention to create legal relations shown by both parties
7.Hard
A van is bought "on hire-purchase terms" with no further detail, and such terms varied widely in practice. In Scammell v Ouston, the House of Lords held:
- AThere was a contract at a reasonable price
- BThere was no contract, because the terms were too vague
- CThere was a contract on the standard hire-purchase terms of the market
- DThe seller's usual terms applied
8.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:
- AA contract was made when B accepted, because the revocation had not yet arrived
- BThere was no contract, because the revocation was posted before B's acceptance was sent
- CA contract was made only when B received the revocation
- DThere was no contract, because offers by post can be revoked at any time
Answer key
- 1. C · Rectification
- 2. D · Setting the contract aside so the parties return to their original positions
- 3. B · Contracts (Rights of Third Parties) Act 1999
- 4. B · A modest sum for loss of amenity
- 5. A · Its wasted expenditure, including costs incurred before the contract
- 6. B · Something of value given in exchange for a promise
- 7. B · There was no contract, because the terms were too vague
- 8. A · A contract was made when B accepted, because the revocation had not yet arrived
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