1.Easy
Rescission of a contract means:
- ASetting the contract aside so the parties return to their original positions
- BOrdering a party to perform as promised
- CCorrecting the wording of a written contract
- DEnding the contract for the future only and claiming damages for lost profits
2.Easy
In English law, a newspaper advertisement offering goods for sale at a stated price is usually:
- AA collateral contract with each reader
- BAn invitation to treat
- CAn acceptance of future orders
- DA unilateral offer to all readers
3.Easy
In England and Wales, a claim for breach of a simple (non-deed) contract must usually be brought within:
- ATwelve years of the breach
- BSix years of the breach
- CThree months of the breach
- DOne year of the breach
4.Medium
Which of these will usually bar rescission for misrepresentation?
- AThe contract was made in writing
- BThe misrepresentation was innocent rather than fraudulent or negligent
- CThe misrepresentation was made by a company
- DThe innocent party affirms the contract after learning the truth
5.Medium
An actor withdraws from a TV film and the company cannot prove what profit the film would have made. It may claim:
- AOnly nominal damages of a small sum
- BIts estimated profits from the film, even if they are purely speculative
- CPunitive damages to deter the actor
- DIts wasted expenditure, including costs incurred before the contract
6.Medium
Promissory estoppel can prevent a party from:
- AMaking any new promises
- BGoing back on a promise not to enforce strict legal rights, when the other relied on it
- CEntering into future contracts
- DSuing for any breach at all, including breaches entirely unrelated to the promise that it made
7.Hard
A council invites tenders by a deadline. A club submits on time, but the council wrongly treats it as late and ignores it. In Blackpool and Fylde Aero Club v Blackpool BC, the Court of Appeal held:
- AThe council was obliged to accept the club's tender
- BThere was no obligation of any kind, as an invitation to tender is only an invitation to treat
- CThe council breached an implied contract to consider conforming tenders
- DThe club could only claim in tort for negligence
8.Hard
Asked to "telegraph lowest cash price" for a property, the owner replies "Lowest price £900". The enquirer then telegraphs that he accepts. In Harvey v Facey:
- AThere was a contract at £900
- BThere was no contract, because stating a lowest price was not an offer
- CThere was a contract at a reasonable price
- DThe reply was a counter-offer, which the enquirer's telegram then accepted
Answer key
- 1. A · Setting the contract aside so the parties return to their original positions
- 2. B · An invitation to treat
- 3. B · Six years of the breach
- 4. D · The innocent party affirms the contract after learning the truth
- 5. D · Its wasted expenditure, including costs incurred before the contract
- 6. B · Going back on a promise not to enforce strict legal rights, when the other relied on it
- 7. C · The council breached an implied contract to consider conforming tenders
- 8. B · There was no contract, because stating a lowest price was not an offer
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