1.Easy
The rule that "consideration must move from the promisee" means:
- AThe consideration must be handed to a court
- BA person can enforce a promise only if they gave consideration for it
- CThe promisee must always pay in cash
- DThe promisor must provide all the consideration for the promise it makes
2.Easy
In English law, "past consideration" is generally:
- ANot good consideration
- BRequired for every contract
- CGood consideration only between family members
- DGood consideration if it was valuable
3.Easy
A "voidable" contract is one that:
- AIs valid until the affected party chooses to set it aside
- BIs a criminal agreement and illegal
- CNever had any legal effect at all
- DCan only be ended by both parties agreeing together to cancel it
4.Medium
A contract made under duress may be:
- ATurned into a criminal offence only
- BAvoided (set aside) by the pressured party
- CEnforced against the pressured party in every case
- DAutomatically valid with no remedy
5.Medium
A court will imply a term in fact into a commercial contract only if:
- AIt is necessary for business efficacy or so obvious it goes without saying
- BIt would benefit the weaker party
- CIt would be reasonable and fair to both parties, even if it is not necessary
- DIt is usual in contracts in other industries
6.Medium
Under section 2(1) of the Misrepresentation Act 1967, a person who made a false statement inducing a contract is liable in damages unless:
- AThey prove they had reasonable grounds to believe, and did believe, it was true
- BThe claimant proves that the statement was made fraudulently and not merely carelessly
- CThe contract was made between two businesses
- DThe statement was made orally and not in writing
7.Hard
In a unilateral contract, once the offeree has started to perform the requested act:
- AThe offeror can still revoke at any time before performance is completed
- BThe full reward becomes payable immediately
- CThe offeror generally cannot revoke while performance continues
- DThe offeree becomes bound to complete performance
8.Hard
A council writes that it "may be prepared to sell" a house to a tenant and invites a formal application. The tenant applies, then the council changes its policy. In Gibson v Manchester City Council, the House of Lords held:
- AA contract was formed when the council's letter was sent to the tenant
- BA contract was formed when the tenant applied
- CThe council was bound by estoppel to sell
- DThere was no contract, because the letter was not an offer
Answer key
- 1. B · A person can enforce a promise only if they gave consideration for it
- 2. A · Not good consideration
- 3. A · Is valid until the affected party chooses to set it aside
- 4. B · Avoided (set aside) by the pressured party
- 5. A · It is necessary for business efficacy or so obvious it goes without saying
- 6. A · They prove they had reasonable grounds to believe, and did believe, it was true
- 7. C · The offeror generally cannot revoke while performance continues
- 8. D · There was no contract, because the letter was not an offer
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