1.Easy
Under the UK Consumer Rights Act 2015, goods supplied by a trader to a consumer must be:
- ASold below the recommended retail price
- BOf satisfactory quality, fit for purpose and as described
- CBrand new and in their original packaging
- DCovered by a five-year manufacturer guarantee against all defects
2.Easy
Who can usually enforce a contract?
- AThe parties to the contract
- BOnly the state
- COnly lawyers
- DAnyone who hears about it or is affected by it
3.Easy
A vague sales claim such as "the best coffee in the world" is usually treated as:
- AA condition of the contract
- BA fraudulent misrepresentation
- CAn implied warranty of quality
- DA mere puff with no legal effect
4.Medium
A supplier receives a draft agreement, never signs or returns it, but both sides trade on its terms for years. A court is likely to find:
- AA contract accepted by conduct
- BNo contract, because nothing was signed
- CA contract only for the first delivery
- DA void agreement for lack of certainty
5.Medium
Frustration of contract occurs when:
- AOne party regrets the bargain
- BAn unforeseen event makes performance impossible or radically different
- CThe contract was badly drafted
- DPerformance becomes more expensive or more difficult than either party expected
6.Medium
A contract made under duress may be:
- AAvoided (set aside) by the pressured party
- BTurned into a criminal offence only
- CEnforced against the pressured party in every case
- DAutomatically valid with no remedy
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 breached an implied contract to consider conforming tenders
- BThe council was obliged to accept the club's tender
- CThe club could only claim in tort for negligence
- DThere was no obligation of any kind, as an invitation to tender is only an invitation to treat
8.Hard
In a unilateral contract, once the offeree has started to perform the requested act:
- AThe offeree becomes bound to complete performance
- BThe full reward becomes payable immediately
- CThe offeror generally cannot revoke while performance continues
- DThe offeror can still revoke at any time before performance is completed
Answer key
- 1. B · Of satisfactory quality, fit for purpose and as described
- 2. A · The parties to the contract
- 3. D · A mere puff with no legal effect
- 4. A · A contract accepted by conduct
- 5. B · An unforeseen event makes performance impossible or radically different
- 6. A · Avoided (set aside) by the pressured party
- 7. A · The council breached an implied contract to consider conforming tenders
- 8. C · The offeror generally cannot revoke while performance continues
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