1.Easy
What is a breach of contract?
- AWithdrawing an offer before it is accepted, after promising to keep it open
- BRefusing to sign a contract
- CFailing to perform a contractual obligation without a lawful excuse
- DNegotiating a better price
2.Easy
A unilateral contract is one in which:
- AOne party promises something in return for the other performing an act
- BThe terms are imposed by statute on one party
- COnly one party is allowed to terminate it
- DOnly one party signs the written document, so only that party is bound by it
3.Easy
Which equitable remedy corrects a written contract so it records what the parties actually agreed?
- ASpecific performance
- BRectification
- CRescission
- DQuantum meruit
4.Medium
An acceptance is sent by telex and arrives in the offeror's office during working hours. Under Entores v Miles Far East, acceptance takes effect:
- AWhen it is confirmed by post
- BWhen it is sent by the offeree
- CWhen the offeror reads it a week later
- DWhen it is received by the offeror
5.Medium
An unusual and onerous term in standard conditions will only be incorporated if:
- AIt was fairly and reasonably brought to the other party's attention
- BIt is printed anywhere in the contract documents, however small the type
- CThe other party could have found it online
- DIt appears on the back of a receipt
6.Medium
A holiday company provides a holiday far below the promised standard. Can the customer recover damages for disappointment?
- ANo, because mental distress is never recoverable in contract
- BYes, because the contract's purpose was to provide enjoyment
- COnly if the customer suffered a physical injury
- DOnly if the company acted dishonestly
7.Hard
A distribution agreement says it is not a formal or legal agreement and is "binding in honour only". In Rose and Frank v Crompton, the court held:
- AThe agreement was binding despite those words
- BThe agreement was a deed and binding
- CThe agreement was void as illegal
- DThe agreement itself was not legally binding
8.Hard
A wife guarantees her husband's business debts to a bank. Under RBS v Etridge (No 2), the bank should normally:
- ARefuse the guarantee unless she has her own income
- BObtain confirmation that a solicitor has advised her
- CSeek a court's approval of the guarantee
- DHave the husband explain the risks to her
Answer key
- 1. C · Failing to perform a contractual obligation without a lawful excuse
- 2. A · One party promises something in return for the other performing an act
- 3. B · Rectification
- 4. D · When it is received by the offeror
- 5. A · It was fairly and reasonably brought to the other party's attention
- 6. B · Yes, because the contract's purpose was to provide enjoyment
- 7. D · The agreement itself was not legally binding
- 8. B · Obtain confirmation that a solicitor has advised her
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