1.Easy
Anticipatory breach occurs when:
- AA party performs earlier than the agreed date
- BA party shows, before performance is due, that it will not perform
- CAn expert predicts, before performance is due, that a party will probably breach
- DA party breaches a term that has not yet been agreed
2.Easy
In England and Wales, a claim for breach of a simple (non-deed) contract must usually be brought within:
- AOne year of the breach
- BTwelve years of the breach
- CThree months of the breach
- DSix years of the breach
3.Easy
Under the UK Consumer Rights Act 2015, the short-term right to reject faulty goods generally lasts:
- A2 years
- B7 days
- C6 months
- D30 days
4.Medium
A customer signs a contract containing an exclusion clause without reading it. Absent fraud or misrepresentation, the clause is generally:
- AVoid for unilateral mistake
- BNot incorporated, because it was not read
- CIncorporated only if it was explained orally
- DIncorporated, because a signature binds the signer
5.Medium
Which of these will usually bar rescission for misrepresentation?
- AThe misrepresentation was innocent rather than fraudulent or negligent
- BThe innocent party affirms the contract after learning the truth
- CThe contract was made in writing
- DThe misrepresentation was made by a company
6.Medium
An actor withdraws from a TV film and the company cannot prove what profit the film would have made. It may claim:
- AOnly nominal damages of a small sum
- BIts wasted expenditure, including costs incurred before the contract
- CIts estimated profits from the film, even if they are purely speculative
- DPunitive damages to deter the actor
7.Hard
A seller mistakenly offers hare skins at a price per pound instead of per piece. The buyer knew that prices were always quoted per piece. In Hartog v Colin and Shields:
- AThere was no contract, as the buyer knew of the mistake
- BThere was a binding contract at the stated price
- CThe contract was voidable at the buyer's option
- DThe court rewrote the price to per piece
8.Hard
Under the Vienna Sales Convention (CISG), a reply to an offer that adds non-material terms:
- AIs an acceptance, unless the offeror objects without undue delay
- BCreates a contract only after a court confirms that the added terms are non-material
- CIs always a rejection
- DHas no legal effect
Answer key
- 1. B · A party shows, before performance is due, that it will not perform
- 2. D · Six years of the breach
- 3. D · 30 days
- 4. D · Incorporated, because a signature binds the signer
- 5. B · The innocent party affirms the contract after learning the truth
- 6. B · Its wasted expenditure, including costs incurred before the contract
- 7. A · There was no contract, as the buyer knew of the mistake
- 8. A · Is an acceptance, unless the offeror objects without undue delay
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