1.Easy
What is a breach of contract?
- AFailing to perform a contractual obligation without a lawful excuse
- BNegotiating a better price
- CRefusing to sign a contract
- DWithdrawing an offer before it is accepted, after promising to keep it open
2.Easy
Rescission of a contract means:
- AOrdering a party to perform as promised
- BEnding the contract for the future only and claiming damages for lost profits
- CCorrecting the wording of a written contract
- DSetting the contract aside so the parties return to their original positions
3.Easy
Which statement about silence as acceptance is correct in general?
- ASilence always counts as acceptance
- BSilence counts as acceptance after 24 hours
- CSilence usually does not count as acceptance
- DSilence counts as acceptance if the offeror says so
4.Medium
A customer signs a contract containing an exclusion clause without reading it. Absent fraud or misrepresentation, the clause is generally:
- AIncorporated, because a signature binds the signer
- BIncorporated only if it was explained orally
- CNot incorporated, because it was not read
- DVoid for unilateral mistake
5.Medium
A misrepresentation is:
- AA false statement of fact that induces someone to enter a contract
- BA promise about future behaviour that is not kept, even if honestly made
- CSilence about any fact at all
- DAn opinion that turns out to be wrong
6.Medium
A promises to keep an offer open until Friday. On Thursday, B hears from a reliable third party that A has sold the property to someone else. Under Dickinson v Dodds:
- AThe offer stays open until Friday, as A promised
- BThe offer has been revoked, so B can no longer accept
- CB can accept and claim the property from the new buyer
- DB can sue A for breaking the promise to keep it open
7.Hard
A husband who has left his wife signs a note promising to transfer the house to her if she pays off the mortgage. She does. In Merritt v Merritt, the promise was:
- AEnforceable only because it was made by deed
- BEnforceable, because separated spouses are presumed to intend legal relations
- CUnenforceable, because it was a domestic arrangement between husband and wife
- DUnenforceable, because she gave no consideration
8.Hard
Under the Vienna Sales Convention (CISG), a reply to an offer that adds non-material terms:
- AIs an acceptance, unless the offeror objects without undue delay
- BCreates a contract only after a court confirms that the added terms are non-material
- CHas no legal effect
- DIs always a rejection
Answer key
- 1. A · Failing to perform a contractual obligation without a lawful excuse
- 2. D · Setting the contract aside so the parties return to their original positions
- 3. C · Silence usually does not count as acceptance
- 4. A · Incorporated, because a signature binds the signer
- 5. A · A false statement of fact that induces someone to enter a contract
- 6. B · The offer has been revoked, so B can no longer accept
- 7. B · Enforceable, because separated spouses are presumed to intend legal relations
- 8. A · Is an acceptance, unless the offeror objects without undue delay
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