1.Easy
In English law, a term whose breach allows termination only if the consequences are serious is called:
- AA warranty
- BAn innominate (intermediate) term
- CA condition
- DA representation
2.Easy
Under the UK Consumer Rights Act 2015, goods supplied by a trader to a consumer must be:
- ACovered by a five-year manufacturer guarantee against all defects
- BBrand new and in their original packaging
- CSold below the recommended retail price
- DOf satisfactory quality, fit for purpose and as described
3.Easy
Who can usually enforce a contract?
- AOnly lawyers
- BThe parties to the contract
- COnly the state
- DAnyone who hears about it or is affected by it
4.Medium
In Hadley v Baxendale, damages are recoverable for losses that:
- AThe claimant suffered only after the trial
- BArise naturally from the breach or were in the reasonable contemplation of both parties
- CWere caused in any factual sense by the breach, however unusual and unforeseeable they were
- DWere caused by a third party
5.Medium
A builder makes a swimming pool shallower than agreed. It is still safe and no less valuable, and rebuilding would cost far more than any benefit. In Ruxley Electronics v Forsyth the owner received:
- AA full refund of the contract price
- BNothing, as there was no loss in value
- CA modest sum for loss of amenity
- DThe full cost of rebuilding the pool
6.Medium
An offer says acceptance must be made "by notice in writing to us". The offeree posts an acceptance, which is lost. Under Holwell Securities v Hughes:
- AA contract was formed when the letter was posted
- BThere is no contract, because actual notice was required
- CThe contract is void for common mistake
- DA contract was formed when the offeree decided to accept
7.Hard
In a unilateral contract, once the offeree has started to perform the requested act:
- AThe offeror can still revoke at any time before performance is completed
- BThe offeror generally cannot revoke while performance continues
- CThe offeree becomes bound to complete performance
- DThe full reward becomes payable immediately
8.Hard
In the Dutch Civil Code (BW), an offer that states a time limit for acceptance is:
- AInvalid without notarial approval
- BRevocable at any moment before acceptance
- CAutomatically accepted at the end of the period
- DIrrevocable during that period
Answer key
- 1. B · An innominate (intermediate) term
- 2. D · Of satisfactory quality, fit for purpose and as described
- 3. B · The parties to the contract
- 4. B · Arise naturally from the breach or were in the reasonable contemplation of both parties
- 5. C · A modest sum for loss of amenity
- 6. B · There is no contract, because actual notice was required
- 7. B · The offeror generally cannot revoke while performance continues
- 8. D · Irrevocable during that period
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