1.Easy
What is a breach of contract?
- ARefusing to sign a contract
- BFailing to perform a contractual obligation without a lawful excuse
- CWithdrawing an offer before it is accepted, after promising to keep it open
- DNegotiating a better price
2.Easy
A shop displays a jacket with a price tag in its window. In English law this is usually:
- AA unilateral contract
- BA binding offer to sell at that price
- CAn invitation to treat
- DAn acceptance
3.Easy
Which statement about silence as acceptance is correct in general?
- ASilence usually does not count as acceptance
- BSilence counts as acceptance after 24 hours
- CSilence counts as acceptance if the offeror says so
- DSilence always counts as acceptance
4.Medium
A buyer is told false figures about a business and is offered documents that would reveal the truth, but does not read them. Under Redgrave v Hurd:
- AThe buyer can claim only half the loss
- BThe buyer can still rely on the misrepresentation
- CThe buyer loses all remedies by failing to check
- DThe misrepresentation becomes a term
5.Medium
A hotel guest sees an exclusion notice in her room only after booking and paying at reception. Under Olley v Marlborough Court Hotel, the notice is:
- ABinding from the second night onwards
- BPart of the contract, because she stayed in the room
- CPart of the contract, because hotels may exclude liability
- DNot part of the contract, because it came after formation
6.Medium
In English law, the "postal rule" means an acceptance sent by post takes effect:
- AWhen the offeror replies
- BWhen the letter arrives
- CWhen the letter is posted
- DWhen the letter is read
7.Hard
Under the Vienna Sales Convention (CISG), a reply to an offer that adds non-material terms:
- AHas no legal effect
- BIs an acceptance, unless the offeror objects without undue delay
- CCreates a contract only after a court confirms that the added terms are non-material
- DIs always a rejection
8.Hard
In Carlill v Carbolic Smoke Ball Co, the court held that the advertisement was:
- AAn invitation to treat
- BA contract only with the newspaper
- CA mere advertising puff with no legal effect, since no one could take it seriously
- DA unilateral offer that could be accepted by performing the conditions
Answer key
- 1. B · Failing to perform a contractual obligation without a lawful excuse
- 2. C · An invitation to treat
- 3. A · Silence usually does not count as acceptance
- 4. B · The buyer can still rely on the misrepresentation
- 5. D · Not part of the contract, because it came after formation
- 6. C · When the letter is posted
- 7. B · Is an acceptance, unless the offeror objects without undue delay
- 8. D · A unilateral offer that could be accepted by performing the conditions
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