1.Easy
Which English statute allows a third party to enforce a contract term in some cases?
- AMisrepresentation Act 1967
- BUnfair Contract Terms Act 1977
- CLaw Reform (Frustrated Contracts) Act 1943
- DContracts (Rights of Third Parties) Act 1999
2.Easy
A shop displays a jacket with a price tag in its window. In English law this is usually:
- AA unilateral contract
- BAn invitation to treat
- CAn acceptance
- DA binding offer to sell at that price
3.Easy
A term that the parties did not state, but which a court reads into the contract, is:
- AAn express term
- BA condition precedent
- CA collateral warranty
- DAn implied term
4.Medium
Damages for breach of contract are generally meant to:
- AReturn both parties only to the position they were in before the contract was made
- BPunish the party in breach
- CPut the innocent party in the position as if the contract had been performed
- DGive the innocent party a profit beyond their loss
5.Medium
A creditor agrees to take £600 in full settlement of a £1,000 debt that is due, then sues for the other £400. Under Pinnel's Case and Foakes v Beer, the creditor:
- ACannot recover anything more
- BCan recover only if the agreement was oral
- CMust give back the £600 first
- DCan usually recover the £400
6.Medium
Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:
- AAlways, because businesses can bargain freely
- BNever, in any circumstances
- COnly if it satisfies the requirement of reasonableness
- DOnly if signed by a company director
7.Hard
A council invites tenders by a deadline. A club submits on time, but the council wrongly treats it as late and ignores it. In Blackpool and Fylde Aero Club v Blackpool BC, the Court of Appeal held:
- AThe council was obliged to accept the club's tender
- BThe council breached an implied contract to consider conforming tenders
- CThere was no obligation of any kind, as an invitation to tender is only an invitation to treat
- DThe club could only claim in tort for negligence
8.Hard
A builder agrees to finish work for an agreed price, then demands more money. The client pays to avoid delay and gets a practical benefit. In English law (Williams v Roffey), the promise to pay more may be:
- AEnforceable, because the practical benefit can be consideration if there is no duress
- BEnforceable only if made in writing
- CUnenforceable, because performing an existing contractual duty can never be good consideration
- DA criminal offence
Answer key
- 1. D · Contracts (Rights of Third Parties) Act 1999
- 2. B · An invitation to treat
- 3. D · An implied term
- 4. C · Put the innocent party in the position as if the contract had been performed
- 5. D · Can usually recover the £400
- 6. C · Only if it satisfies the requirement of reasonableness
- 7. B · The council breached an implied contract to consider conforming tenders
- 8. A · Enforceable, because the practical benefit can be consideration if there is no duress
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