1.Easy
Who can usually enforce a contract?
- AAnyone who hears about it or is affected by it
- BThe parties to the contract
- COnly lawyers
- DOnly the state
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
- BSold below the recommended retail price
- CBrand new and in their original packaging
- DOf satisfactory quality, fit for purpose and as described
3.Easy
The duty to mitigate loss means that a claimant:
- AMust prove the breach was deliberate
- BMust sue within one month of the breach
- CMust accept any offer made by the party in breach
- DCannot recover for losses they could reasonably have avoided
4.Medium
Under the Law Reform (Frustrated Contracts) Act 1943, money paid before a frustrating event is generally:
- ALost, because the loss must lie where it falls once the contract is frustrated
- BPaid into court for distribution
- CRecoverable, though the court may let the payee keep some for expenses
- DPayable twice, as a penalty
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 modest sum for loss of amenity
- BNothing, as there was no loss in value
- CA full refund of the contract price
- DThe full cost of rebuilding the pool
6.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:
- AA mere opinion about future income
- BA misrepresentation, because he should have corrected the statement
- CNot a misrepresentation, because the statement was true when it was made
- DA breach of an implied condition of quality
7.Hard
A former spy publishes his memoirs in breach of his undertaking not to disclose official information. In AG v Blake, the House of Lords:
- AOrdered him to account for his profits, in an exceptional case
- BAwarded only nominal damages
- CAwarded punitive damages to the Crown
- DHeld that no remedy was available
8.Hard
In Carlill v Carbolic Smoke Ball Co, the court held that the advertisement was:
- AAn invitation to treat
- BA unilateral offer that could be accepted by performing the conditions
- CA contract only with the newspaper
- DA mere advertising puff with no legal effect, since no one could take it seriously
Answer key
- 1. B · The parties to the contract
- 2. D · Of satisfactory quality, fit for purpose and as described
- 3. D · Cannot recover for losses they could reasonably have avoided
- 4. C · Recoverable, though the court may let the payee keep some for expenses
- 5. A · A modest sum for loss of amenity
- 6. B · A misrepresentation, because he should have corrected the statement
- 7. A · Ordered him to account for his profits, in an exceptional case
- 8. B · A unilateral offer that could be accepted by performing the conditions
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