1.Easy
Under the contra proferentem rule, an ambiguous term is interpreted:
- AAgainst the party who relies on it
- BIn favour of the stronger party
- CIn favour of the party who drafted it
- DAs if it were not part of the contract
2.Easy
A claim on a "quantum meruit" is a claim for:
- AThe return of land transferred under the contract
- BAn order stopping the other party from acting
- CA reasonable sum for work done or services provided
- DPunitive damages for deliberate breach
3.Easy
For commercial agreements, English courts presume that the parties:
- AIntend to create legal relations
- BIntend the agreement to be a gift
- CDo not intend to create legal relations
- DIntend only a moral obligation
4.Medium
Under section 2(1) of the Misrepresentation Act 1967, a person who made a false statement inducing a contract is liable in damages unless:
- AThey prove they had reasonable grounds to believe, and did believe, it was true
- BThe contract was made between two businesses
- CThe statement was made orally and not in writing
- DThe claimant proves that the statement was made fraudulently and not merely carelessly
5.Medium
A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:
- AThe full price with no deduction
- BNothing, because performance was not exact
- CThe price less the cost of putting the defects right
- DOnly payment for the materials used
6.Medium
A seller of land never used for sheep says it could carry 2,000 sheep. Both know he has no experience of sheep farming on it. The statement is most likely:
- AA statement of future intention
- BA fraudulent misrepresentation
- CAn honest opinion, not a misrepresentation
- DA condition of the contract
7.Hard
An employer pays large severance sums to two directors, later discovering it could have dismissed them for nothing because of their earlier misconduct. In Bell v Lever Bros, the agreements were:
- AValid, because the mistake about quality was not fundamental enough
- BVoidable for the directors' misrepresentation by failing to disclose their misconduct
- CVoid for common mistake about the contracts
- DUnenforceable because severance needs a deed
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
- BA contract was made only when B received the revocation
- CThere was no contract, because the revocation was posted before B's acceptance was sent
- DThere was no contract, because offers by post can be revoked at any time
Answer key
- 1. A · Against the party who relies on it
- 2. C · A reasonable sum for work done or services provided
- 3. A · Intend to create legal relations
- 4. A · They prove they had reasonable grounds to believe, and did believe, it was true
- 5. C · The price less the cost of putting the defects right
- 6. C · An honest opinion, not a misrepresentation
- 7. A · Valid, because the mistake about quality was not fundamental enough
- 8. A · A contract was made when B accepted, because the revocation had not yet arrived
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