1.Easy
Minors (under 18) entering contracts are generally:
- AProtected, so many of their contracts are not enforceable against them
- BBound in exactly the same way as adults, unless their parents object in writing
- CNever able to make any contract
- DLiable only if their parents sign too
2.Easy
Who can usually enforce a contract?
- AOnly lawyers
- BOnly the state
- CThe parties to the contract
- DAnyone who hears about it or is affected by it
3.Easy
Anticipatory breach occurs when:
- AA party breaches a term that has not yet been agreed
- BA party shows, before performance is due, that it will not perform
- CA party performs earlier than the agreed date
- DAn expert predicts, before performance is due, that a party will probably breach
4.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 buyer loses all remedies by failing to check
- CThe misrepresentation becomes a term
- DThe buyer can claim only half the loss
5.Medium
Sailors are promised extra wages for sailing a ship home after two crew members desert, but they do no more than their contract already required. In Stilk v Myrick the promise was:
- AUnenforceable because it was made at sea
- BUnenforceable for lack of consideration
- CEnforceable as a practical benefit
- DEnforceable because the captain agreed freely
6.Medium
Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:
- ANever, in any circumstances
- BOnly if signed by a company director
- COnly if it satisfies the requirement of reasonableness
- DAlways, because businesses can bargain freely
7.Hard
In Great Peace Shipping v Tsavliris Salvage, the Court of Appeal held that a contract is void for common mistake only if the mistake makes performance:
- AImpossible or essentially different from what the parties agreed
- BCommercially less attractive for one party
- CMore expensive to carry out than both parties had expected when contracting
- DDifferent from the contract in a minor detail
8.Hard
An innocent party who terminates a contract for repudiatory breach must generally:
- AContinue performing until the contract ends naturally on its agreed date
- BWait for a court order before stopping performance
- CPay a penalty to the party in breach
- DClearly communicate the decision to accept the repudiation
Answer key
- 1. A · Protected, so many of their contracts are not enforceable against them
- 2. C · The parties to the contract
- 3. B · A party shows, before performance is due, that it will not perform
- 4. A · The buyer can still rely on the misrepresentation
- 5. B · Unenforceable for lack of consideration
- 6. C · Only if it satisfies the requirement of reasonableness
- 7. A · Impossible or essentially different from what the parties agreed
- 8. D · Clearly communicate the decision to accept the repudiation
Full step-by-step solutions: practise this topic on examproblems.com.