1.Easy
Anticipatory breach occurs when:
- AA party performs earlier than the agreed date
- BAn expert predicts, before performance is due, that a party will probably breach
- CA party shows, before performance is due, that it will not perform
- DA party breaches a term that has not yet been agreed
2.Easy
Under the Unfair Contract Terms Act 1977, a business cannot exclude or restrict liability for:
- AAny damage to the other party's property
- BDeath or personal injury caused by negligence
- CLoss of profit caused by a supplier
- DLate delivery of goods in a business sale
3.Easy
The duty to mitigate loss means that a claimant:
- AMust accept any offer made by the party in breach
- BMust sue within one month of the breach
- CCannot recover for losses they could reasonably have avoided
- DMust prove the breach was deliberate
4.Medium
An actress agrees to act only for one studio and not for any other during the contract. She leaves to act for a rival. The court is most likely to:
- ARefuse any remedy, as personal services are involved
- BOrder her to perform her contract with the studio
- COrder her to pay the rival's profits to the court
- DGrant an injunction stopping her acting for the rival
5.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 only for the first delivery
- BA contract accepted by conduct
- CA void agreement for lack of certainty
- DNo contract, because nothing was signed
6.Medium
Promissory estoppel can prevent a party from:
- AEntering into future contracts
- BSuing for any breach at all, including breaches entirely unrelated to the promise that it made
- CMaking any new promises
- DGoing back on a promise not to enforce strict legal rights, when the other relied on it
7.Hard
In the Dutch Civil Code (BW), an offer that states a time limit for acceptance is:
- AIrrevocable during that period
- BAutomatically accepted at the end of the period
- CInvalid without notarial approval
- DRevocable at any moment before acceptance
8.Hard
A carrier, knowing a small company depends on its deliveries to supply a major customer, refuses to continue unless paid a higher minimum price. The company agrees as it has no alternative. In Atlas Express v Kafco:
- AThe new agreement was binding as a free variation
- BThe carrier committed a crime of extortion
- CThe new agreement was not binding, due to economic duress
- DThe new agreement was binding, as the carrier's continued performance was a practical benefit
Answer key
- 1. C · A party shows, before performance is due, that it will not perform
- 2. B · Death or personal injury caused by negligence
- 3. C · Cannot recover for losses they could reasonably have avoided
- 4. D · Grant an injunction stopping her acting for the rival
- 5. B · A contract accepted by conduct
- 6. D · Going back on a promise not to enforce strict legal rights, when the other relied on it
- 7. A · Irrevocable during that period
- 8. C · The new agreement was not binding, due to economic duress
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