1.Easy
The duty to mitigate loss means that a claimant:
- ACannot recover for losses they could reasonably have avoided
- BMust prove the breach was deliberate
- CMust accept any offer made by the party in breach
- DMust sue within one month of the breach
2.Easy
For commercial agreements, English courts presume that the parties:
- ADo not intend to create legal relations
- BIntend only a moral obligation
- CIntend to create legal relations
- DIntend the agreement to be a gift
3.Easy
What is the most common remedy for breach of contract?
- AAutomatic transfer of all the defendant's assets
- BImprisonment
- CA fine paid to the state
- DDamages
4.Medium
A former wife sues for maintenance her ex-husband promised, relying only on promissory estoppel because she gave no consideration. In Combe v Combe:
- AShe succeeded, because she relied on the promise
- BShe failed, because promissory estoppel is a shield, not a sword
- CShe failed, because family agreements are never legally binding on either party
- DShe succeeded, because the promise was made in writing
5.Medium
A seller says the farms are "fully let" but does not mention that the tenants have given notice to leave. This is:
- AA statement of opinion only
- BA misrepresentation by half-truth
- CMere silence, which is never actionable
- DA mere puff with no legal effect
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:
- AThe full wages were payable
- BNothing was recoverable for the part performed
- CThe ship owner had to pay compensation
- DA proportion of the wages was payable
7.Hard
A former spy publishes his memoirs in breach of his undertaking not to disclose official information. In AG v Blake, the House of Lords:
- AOrdered him to account for his profits, in an exceptional case
- BHeld that no remedy was available
- CAwarded punitive damages to the Crown
- DAwarded only nominal damages
8.Hard
In Carlill v Carbolic Smoke Ball Co, the court held that the advertisement was:
- AA mere advertising puff with no legal effect, since no one could take it seriously
- BA unilateral offer that could be accepted by performing the conditions
- CAn invitation to treat
- DA contract only with the newspaper
Answer key
- 1. A · Cannot recover for losses they could reasonably have avoided
- 2. C · Intend to create legal relations
- 3. D · Damages
- 4. B · She failed, because promissory estoppel is a shield, not a sword
- 5. B · A misrepresentation by half-truth
- 6. B · Nothing was recoverable for the part performed
- 7. A · Ordered him to account for his profits, in an exceptional case
- 8. B · A unilateral offer that could be accepted by performing the conditions
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