1.Easy
Anticipatory breach occurs when:
- AAn expert predicts, before performance is due, that a party will probably breach
- BA party breaches a term that has not yet been agreed
- CA party performs earlier than the agreed date
- DA party shows, before performance is due, that it will not perform
2.Easy
Which English statute allows a third party to enforce a contract term in some cases?
- AMisrepresentation Act 1967
- BUnfair Contract Terms Act 1977
- CLaw Reform (Frustrated Contracts) Act 1943
- DContracts (Rights of Third Parties) Act 1999
3.Easy
A term that is fundamental to the contract, whose breach allows termination, is called in English law a:
- ARepresentation
- BWarranty
- CInvitation to treat
- DCondition
4.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
5.Medium
Under EU consumer law, a consumer who buys online usually has the right to withdraw within:
- A30 days, only if the goods are defective
- B14 days without giving a reason
- C3 days, only with a reason
- DNo time, because online sales are final
6.Medium
A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:
- AThe price less the cost of putting the defects right
- BNothing, because performance was not exact
- CThe full price with no deduction
- DOnly payment for the materials used
7.Hard
A posts an offer. A week later A posts a revocation. B receives the offer and immediately accepts by telegram, and only later receives the revocation. Applying Byrne v Van Tienhoven:
- AA contract was made only when B received the revocation
- BThere was no contract, because offers by post can be revoked at any time
- CThere was no contract, because the revocation was posted before B's acceptance was sent
- DA contract was made when B accepted, because the revocation had not yet arrived
8.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
- BAwarded only nominal damages
- CAwarded punitive damages to the Crown
- DHeld that no remedy was available
Answer key
- 1. D · A party shows, before performance is due, that it will not perform
- 2. D · Contracts (Rights of Third Parties) Act 1999
- 3. D · Condition
- 4. A · They prove they had reasonable grounds to believe, and did believe, it was true
- 5. B · 14 days without giving a reason
- 6. A · The price less the cost of putting the defects right
- 7. D · A contract was made when B accepted, because the revocation had not yet arrived
- 8. A · Ordered him to account for his profits, in an exceptional case
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