1.Easy
In English law, agreements between spouses living together in harmony are presumed to be:
- ABinding only for one year
- BNot intended to be legally binding
- CBinding only if witnessed
- DAlways legally binding
2.Easy
A term that is fundamental to the contract, whose breach allows termination, is called in English law a:
- ARepresentation
- BCondition
- CInvitation to treat
- DWarranty
3.Easy
A "voidable" contract is one that:
- ACan only be ended by both parties agreeing together to cancel it
- BIs a criminal agreement and illegal
- CIs valid until the affected party chooses to set it aside
- DNever had any legal effect at all
4.Medium
Promissory estoppel can prevent a party from:
- AGoing back on a promise not to enforce strict legal rights, when the other relied on it
- BEntering into future contracts
- CMaking any new promises
- DSuing for any breach at all, including breaches entirely unrelated to the promise that it made
5.Medium
Frustration of contract occurs when:
- APerformance becomes more expensive or more difficult than either party expected
- BThe contract was badly drafted
- COne party regrets the bargain
- DAn unforeseen event makes performance impossible or radically different
6.Medium
A contract made under duress may be:
- AAvoided (set aside) by the pressured party
- BTurned into a criminal offence only
- CAutomatically valid with no remedy
- DEnforced against the pressured party in every case
7.Hard
A contract states it can be varied only in signed writing. The parties later agree an oral variation. In MWB Business Exchange v Rock Advertising, the Supreme Court held:
- AThe oral variation was ineffective, because the clause was binding
- BThe variation was effective as it had consideration
- CThe clause was void as against public policy
- DThe oral variation was effective, because parties can always vary orally
8.Hard
A builder agrees to finish work for an agreed price, then demands more money. The client pays to avoid delay and gets a practical benefit. In English law (Williams v Roffey), the promise to pay more may be:
- AA criminal offence
- BEnforceable, because the practical benefit can be consideration if there is no duress
- CEnforceable only if made in writing
- DUnenforceable, because performing an existing contractual duty can never be good consideration
Answer key
- 1. B · Not intended to be legally binding
- 2. B · Condition
- 3. C · Is valid until the affected party chooses to set it aside
- 4. A · Going back on a promise not to enforce strict legal rights, when the other relied on it
- 5. D · An unforeseen event makes performance impossible or radically different
- 6. A · Avoided (set aside) by the pressured party
- 7. A · The oral variation was ineffective, because the clause was binding
- 8. B · Enforceable, because the practical benefit can be consideration if there is no duress
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