1.Easy
Anticipatory breach occurs when:
- AAn expert predicts, before performance is due, that a party will probably breach
- BA party shows, before performance is due, that it will not perform
- CA party performs earlier than the agreed date
- DA party breaches a term that has not yet been agreed
2.Easy
A term that is fundamental to the contract, whose breach allows termination, is called in English law a:
- AWarranty
- BInvitation to treat
- CRepresentation
- DCondition
3.Easy
The duty to mitigate loss means that a claimant:
- ACannot recover for losses they could reasonably have avoided
- BMust accept any offer made by the party in breach
- CMust sue within one month of the breach
- DMust prove the breach was deliberate
4.Medium
What is consideration in common law contracts?
- ACareful thought before signing
- BThe written form of a contract
- CThe intention to create legal relations shown by both parties
- DSomething of value given in exchange for a promise
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
- CIt appears on the back of a receipt
- DThe other party could have found it online
6.Medium
A sailor is to be paid only on completing a voyage, but dies part of the way. Under the strict rule applied in Cutter v Powell:
- ANothing was recoverable for the part performed
- BA proportion of the wages was payable
- CThe ship owner had to pay compensation
- DThe full wages were payable
7.Hard
A wife guarantees her husband's business debts to a bank. Under RBS v Etridge (No 2), the bank should normally:
- AHave the husband explain the risks to her
- BObtain confirmation that a solicitor has advised her
- CRefuse the guarantee unless she has her own income
- DSeek a court's approval of the guarantee
8.Hard
A buyer specifically asks a surveyor to check aircraft noise at a property. The surveyor negligently reports no problem. In Farley v Skinner:
- AOnly the difference in market value was recoverable
- BThe buyer had to sell the house before claiming
- CNo damages were recoverable, because damages for distress or discomfort are always excluded in contract
- DDamages for discomfort were recoverable, as peace of mind was an important object of the obligation
Answer key
- 1. B · A party shows, before performance is due, that it will not perform
- 2. D · Condition
- 3. A · Cannot recover for losses they could reasonably have avoided
- 4. D · Something of value given in exchange for a promise
- 5. A · It was fairly and reasonably brought to the other party's attention
- 6. A · Nothing was recoverable for the part performed
- 7. B · Obtain confirmation that a solicitor has advised her
- 8. D · Damages for discomfort were recoverable, as peace of mind was an important object of the obligation
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