1.Easy
In English law, "past consideration" is generally:
- ARequired for every contract
- BGood consideration if it was valuable
- CGood consideration only between family members
- DNot good consideration
2.Easy
In English law, a newspaper advertisement offering goods for sale at a stated price is usually:
- AA collateral contract with each reader
- BAn acceptance of future orders
- CAn invitation to treat
- DA unilateral offer to all readers
3.Easy
Which English statute allows a third party to enforce a contract term in some cases?
- ALaw Reform (Frustrated Contracts) Act 1943
- BMisrepresentation Act 1967
- CUnfair Contract Terms Act 1977
- DContracts (Rights of Third Parties) Act 1999
4.Medium
A holiday company provides a holiday far below the promised standard. Can the customer recover damages for disappointment?
- AOnly if the company acted dishonestly
- BOnly if the customer suffered a physical injury
- CNo, because mental distress is never recoverable in contract
- DYes, because the contract's purpose was to provide enjoyment
5.Medium
Sailors are promised extra wages for sailing a ship home after two crew members desert, but they do no more than their contract already required. In Stilk v Myrick the promise was:
- AUnenforceable because it was made at sea
- BUnenforceable for lack of consideration
- CEnforceable because the captain agreed freely
- DEnforceable as a practical benefit
6.Medium
In English law, the "postal rule" means an acceptance sent by post takes effect:
- AWhen the letter arrives
- BWhen the offeror replies
- CWhen the letter is read
- DWhen the letter is posted
7.Hard
A buyer specifically asks a surveyor to check aircraft noise at a property. The surveyor negligently reports no problem. In Farley v Skinner:
- AOnly the difference in market value was recoverable
- BDamages for discomfort were recoverable, as peace of mind was an important object of the obligation
- CNo damages were recoverable, because damages for distress or discomfort are always excluded in contract
- DThe buyer had to sell the house before claiming
8.Hard
A seller quotes on its terms with a price variation clause. The buyer orders on its own terms without that clause, with a tear-off acknowledgement slip, which the seller signs and returns. In Butler Machine Tool v Ex-Cell-O, the contract was on:
- AA mixture of terms chosen by the court as fair
- BThe buyer's terms, because the seller accepted its counter-offer
- CThe seller's terms, because it sent its terms and price variation clause first
- DNo terms, because there was no contract
Answer key
- 1. D · Not good consideration
- 2. C · An invitation to treat
- 3. D · Contracts (Rights of Third Parties) Act 1999
- 4. D · Yes, because the contract's purpose was to provide enjoyment
- 5. B · Unenforceable for lack of consideration
- 6. D · When the letter is posted
- 7. B · Damages for discomfort were recoverable, as peace of mind was an important object of the obligation
- 8. B · The buyer's terms, because the seller accepted its counter-offer
Full step-by-step solutions: practise this topic on examproblems.com.