1.Easy
The rule that "consideration must move from the promisee" means:
- AThe promisor must provide all the consideration for the promise it makes
- BThe promisee must always pay in cash
- CThe consideration must be handed to a court
- DA person can enforce a promise only if they gave consideration for it
2.Easy
Who can usually enforce a contract?
- AOnly the state
- BOnly lawyers
- CThe parties to the contract
- DAnyone who hears about it or is affected by it
3.Easy
Rescission of a contract means:
- ASetting the contract aside so the parties return to their original positions
- BOrdering a party to perform as promised
- CCorrecting the wording of a written contract
- DEnding the contract for the future only and claiming damages for lost profits
4.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:
- AB can sue A for breaking the promise to keep it open
- BB can accept and claim the property from the new buyer
- CThe offer stays open until Friday, as A promised
- DThe offer has been revoked, so B can no longer accept
5.Medium
At an auction in England, the contract of sale is completed when:
- AThe auctioneer brings down the hammer
- BThe auctioneer puts the item up for sale
- CThe buyer collects the goods
- DThe bidder makes the highest bid
6.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
- BNot incorporated, because it was not read
- CVoid for unilateral mistake
- DIncorporated only if it was explained orally
7.Hard
Under the EU Unfair Terms Directive, a non-negotiated consumer contract term is unfair if:
- AIt was written in small font
- BContrary to good faith, it causes a significant imbalance to the consumer's detriment
- CThe consumer did not read it
- DIt benefits the trader in any way, even where the consumer's rights are not significantly affected
8.Hard
A van is bought "on hire-purchase terms" with no further detail, and such terms varied widely in practice. In Scammell v Ouston, the House of Lords held:
- AThere was no contract, because the terms were too vague
- BThere was a contract at a reasonable price
- CThe seller's usual terms applied
- DThere was a contract on the standard hire-purchase terms of the market
Answer key
- 1. D · A person can enforce a promise only if they gave consideration for it
- 2. C · The parties to the contract
- 3. A · Setting the contract aside so the parties return to their original positions
- 4. D · The offer has been revoked, so B can no longer accept
- 5. A · The auctioneer brings down the hammer
- 6. A · Incorporated, because a signature binds the signer
- 7. B · Contrary to good faith, it causes a significant imbalance to the consumer's detriment
- 8. A · There was no contract, because the terms were too vague
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