1.Easy
Which statement about silence as acceptance is correct in general?
- ASilence counts as acceptance after 24 hours
- BSilence counts as acceptance if the offeror says so
- CSilence usually does not count as acceptance
- DSilence always counts as acceptance
2.Easy
In English law, a term whose breach allows termination only if the consequences are serious is called:
- AAn innominate (intermediate) term
- BA warranty
- CA condition
- DA representation
3.Easy
Which equitable remedy corrects a written contract so it records what the parties actually agreed?
- ARescission
- BQuantum meruit
- CRectification
- DSpecific performance
4.Medium
In Hadley v Baxendale, damages are recoverable for losses that:
- AWere caused in any factual sense by the breach, however unusual and unforeseeable they were
- BWere caused by a third party
- CArise naturally from the breach or were in the reasonable contemplation of both parties
- DThe claimant suffered only after the trial
5.Medium
A seller says the farms are "fully let" but does not mention that the tenants have given notice to leave. This is:
- AA statement of opinion only
- BA mere puff with no legal effect
- CMere silence, which is never actionable
- DA misrepresentation by half-truth
6.Medium
Which of these will usually bar rescission for misrepresentation?
- AThe innocent party affirms the contract after learning the truth
- BThe misrepresentation was innocent rather than fraudulent or negligent
- CThe contract was made in writing
- DThe misrepresentation was made by a company
7.Hard
A wife guarantees her husband's business debts to a bank. Under RBS v Etridge (No 2), the bank should normally:
- ARefuse the guarantee unless she has her own income
- BHave the husband explain the risks to her
- CSeek a court's approval of the guarantee
- DObtain confirmation that a solicitor has advised her
8.Hard
A buyer specifically asks a surveyor to check aircraft noise at a property. The surveyor negligently reports no problem. In Farley v Skinner:
- AThe buyer had to sell the house before claiming
- BDamages for discomfort were recoverable, as peace of mind was an important object of the obligation
- COnly the difference in market value was recoverable
- DNo damages were recoverable, because damages for distress or discomfort are always excluded in contract
Answer key
- 1. C · Silence usually does not count as acceptance
- 2. A · An innominate (intermediate) term
- 3. C · Rectification
- 4. C · Arise naturally from the breach or were in the reasonable contemplation of both parties
- 5. D · A misrepresentation by half-truth
- 6. A · The innocent party affirms the contract after learning the truth
- 7. D · Obtain confirmation that a solicitor has advised her
- 8. B · Damages for discomfort were recoverable, as peace of mind was an important object of the obligation
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