1.Easy
Minors (under 18) entering contracts are generally:
- ALiable only if their parents sign too
- BNever able to make any contract
- CBound in exactly the same way as adults, unless their parents object in writing
- DProtected, so many of their contracts are not enforceable against them
2.Easy
A term that the parties did not state, but which a court reads into the contract, is:
- AA condition precedent
- BAn express term
- CAn implied term
- DA collateral warranty
3.Easy
For commercial agreements, English courts presume that the parties:
- AIntend only a moral obligation
- BIntend the agreement to be a gift
- CDo not intend to create legal relations
- DIntend to create legal relations
4.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 it is confirmed by post
- BWhen the offeror reads it a week later
- CWhen it is received by the offeror
- DWhen it is sent by the offeree
5.Medium
Police provide extra officers at a mine during a strike, beyond what their public duty requires, at the owner's request. The owner's promise to pay is:
- AEnforceable only if approved by Parliament
- BEnforceable, because doing more than a public duty is consideration
- CUnenforceable, because police protection can never be consideration for a promise
- DVoid, because it is contrary to public policy
6.Medium
Frustration of contract occurs when:
- AAn unforeseen event makes performance impossible or radically different
- BThe contract was badly drafted
- COne party regrets the bargain
- DPerformance becomes more expensive or more difficult than either party expected
7.Hard
A council writes that it "may be prepared to sell" a house to a tenant and invites a formal application. The tenant applies, then the council changes its policy. In Gibson v Manchester City Council, the House of Lords held:
- AA contract was formed when the tenant applied
- BThere was no contract, because the letter was not an offer
- CA contract was formed when the council's letter was sent to the tenant
- DThe council was bound by estoppel to sell
8.Hard
Two parties agree to continue negotiating for the sale of a business, with no fixed period. In Walford v Miles, the House of Lords held that a bare agreement to negotiate in good faith is:
- AEnforceable, as an implied duty of good faith
- BEnforceable only if made in writing
- CUnenforceable, because it lacks certainty
- DEnforceable as a lock-out agreement
Answer key
- 1. D · Protected, so many of their contracts are not enforceable against them
- 2. C · An implied term
- 3. D · Intend to create legal relations
- 4. C · When it is received by the offeror
- 5. B · Enforceable, because doing more than a public duty is consideration
- 6. A · An unforeseen event makes performance impossible or radically different
- 7. B · There was no contract, because the letter was not an offer
- 8. C · Unenforceable, because it lacks certainty
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