1.Easy
Under English law, a minor who is supplied with necessaries must pay:
- ANothing, because minors are never bound
- BA reasonable price for them
- CDouble the contract price
- DOnly if a parent signed the contract
2.Easy
Under the UK Consumer Rights Act 2015, goods supplied by a trader to a consumer must be:
- ABrand new and in their original packaging
- BSold below the recommended retail price
- CCovered by a five-year manufacturer guarantee against all defects
- DOf satisfactory quality, fit for purpose and as described
3.Easy
Anticipatory breach occurs when:
- AA party shows, before performance is due, that it will not perform
- BA party breaches a term that has not yet been agreed
- CAn expert predicts, before performance is due, that a party will probably breach
- DA party performs earlier than the agreed date
4.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:
- ACan usually recover the £400
- BMust give back the £600 first
- CCannot recover anything more
- DCan recover only if the agreement was oral
5.Medium
A doctor selling his practice truthfully states its income, but the income falls sharply before the contract is signed and he says nothing. This is:
- ANot a misrepresentation, because the statement was true when it was made
- BA mere opinion about future income
- CA breach of an implied condition of quality
- DA misrepresentation, because he should have corrected the statement
6.Medium
A misrepresentation is:
- AAn opinion that turns out to be wrong
- BA promise about future behaviour that is not kept, even if honestly made
- CSilence about any fact at all
- DA false statement of fact that induces someone to enter a contract
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
- BA contract was formed when the council's letter was sent to the tenant
- CThere was no contract, because the letter was not an offer
- DThe council was bound by estoppel to sell
8.Hard
A seller agreed to ship goods from Sudan to Hamburg. The Suez Canal was closed, so the ship had to go round the Cape of Good Hope, a much longer route. In Tsakiroglou v Noblee Thorl:
- AThe contract was not frustrated, as the longer route was not fundamentally different
- BThe contract was frustrated, as shipping via the usual Suez route had become impossible
- CThe contract was void from the start
- DThe buyer had to pay the extra freight costs
Answer key
- 1. B · A reasonable price for them
- 2. D · Of satisfactory quality, fit for purpose and as described
- 3. A · A party shows, before performance is due, that it will not perform
- 4. A · Can usually recover the £400
- 5. D · A misrepresentation, because he should have corrected the statement
- 6. D · A false statement of fact that induces someone to enter a contract
- 7. C · There was no contract, because the letter was not an offer
- 8. A · The contract was not frustrated, as the longer route was not fundamentally different
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