1.Easy
Minors (under 18) entering contracts are generally:
- ABound in exactly the same way as adults, unless their parents object in writing
- BProtected, so many of their contracts are not enforceable against them
- CLiable only if their parents sign too
- DNever able to make any contract
2.Easy
The duty to mitigate loss means that a claimant:
- AMust accept any offer made by the party in breach
- BCannot recover for losses they could reasonably have avoided
- CMust prove the breach was deliberate
- DMust sue within one month of the breach
3.Easy
A term that is fundamental to the contract, whose breach allows termination, is called in English law a:
- ARepresentation
- BCondition
- CWarranty
- DInvitation to treat
4.Medium
A seller of land never used for sheep says it could carry 2,000 sheep. Both know he has no experience of sheep farming on it. The statement is most likely:
- AAn honest opinion, not a misrepresentation
- BA fraudulent misrepresentation
- CA condition of the contract
- DA statement of future intention
5.Medium
An acceptance is sent by telex and arrives in the offeror's office during working hours. Under Entores v Miles Far East, acceptance takes effect:
- AWhen the offeror reads it a week later
- BWhen it is received by the offeror
- CWhen it is confirmed by post
- DWhen it is sent by the offeree
6.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 still rely on the misrepresentation
- BThe misrepresentation becomes a term
- CThe buyer loses all remedies by failing to check
- DThe buyer can claim only half the loss
7.Hard
A pays B money to bet on shares using insider information, which is illegal. The bet never happens and A wants the money back. In Patel v Mirza, the Supreme Court held:
- AA could recover only half the money
- BThe money passed to the state as illegal proceeds
- CA could recover the money, applying a policy-based approach to illegality
- DA could not recover, because no claim can be founded on an illegal agreement
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:
- AAwarded only nominal damages
- BHeld that no remedy was available
- CAwarded punitive damages to the Crown
- DOrdered him to account for his profits, in an exceptional case
Answer key
- 1. B · Protected, so many of their contracts are not enforceable against them
- 2. B · Cannot recover for losses they could reasonably have avoided
- 3. B · Condition
- 4. A · An honest opinion, not a misrepresentation
- 5. B · When it is received by the offeror
- 6. A · The buyer can still rely on the misrepresentation
- 7. C · A could recover the money, applying a policy-based approach to illegality
- 8. D · Ordered him to account for his profits, in an exceptional case
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