1.Easy
A term that is fundamental to the contract, whose breach allows termination, is called in English law a:
- AWarranty
- BCondition
- CInvitation to treat
- DRepresentation
2.Easy
A vague sales claim such as "the best coffee in the world" is usually treated as:
- AA mere puff with no legal effect
- BAn implied warranty of quality
- CA fraudulent misrepresentation
- DA condition of the contract
3.Easy
The rule that consideration "must be sufficient but need not be adequate" means:
- AIt must be equal to the market value of the promise it is given in exchange for
- BIt must have some value in law, but need not match the value of the promise
- CIt must be paid before the contract is made
- DIt must always be paid in money
4.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:
- ANothing, as there was no loss in value
- BA full refund of the contract price
- CThe full cost of rebuilding the pool
- DA modest sum for loss of amenity
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:
- AA breach of an implied condition of quality
- BA mere opinion about future income
- CNot a misrepresentation, because the statement was true when it was made
- DA misrepresentation, because he should have corrected the statement
6.Medium
Damages for breach of contract are generally meant to:
- AGive the innocent party a profit beyond their loss
- BPut the innocent party in the position as if the contract had been performed
- CReturn both parties only to the position they were in before the contract was made
- DPunish the party in breach
7.Hard
A pays B money to bet on shares using insider information, which is illegal. The bet never happens and A wants the money back. In Patel v Mirza, the Supreme Court held:
- AA could recover only half the money
- BThe money passed to the state as illegal proceeds
- CA could recover the money, applying a policy-based approach to illegality
- DA could not recover, because no claim can be founded on an illegal agreement
8.Hard
Two parties agree to continue negotiating for the sale of a business, with no fixed period. In Walford v Miles, the House of Lords held that a bare agreement to negotiate in good faith is:
- AEnforceable as a lock-out agreement
- BUnenforceable, because it lacks certainty
- CEnforceable, as an implied duty of good faith
- DEnforceable only if made in writing
Answer key
- 1. B · Condition
- 2. A · A mere puff with no legal effect
- 3. B · It must have some value in law, but need not match the value of the promise
- 4. D · A modest sum for loss of amenity
- 5. D · A misrepresentation, because he should have corrected the statement
- 6. B · Put the innocent party in the position as if the contract had been performed
- 7. C · A could recover the money, applying a policy-based approach to illegality
- 8. B · Unenforceable, because it lacks certainty
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