1.Easy
Minors (under 18) entering contracts are generally:
- AProtected, so many of their contracts are not enforceable against them
- BLiable only if their parents sign too
- CNever able to make any contract
- DBound in exactly the same way as adults, unless their parents object in writing
2.Easy
A counter-offer has which effect on the original offer?
- AIt accepts the original offer
- BIt makes the original offer irrevocable
- CIt rejects and ends the original offer
- DIt has no effect at all
3.Easy
The duty to mitigate loss means that a claimant:
- AMust accept any offer made by the party in breach
- BMust sue within one month of the breach
- CMust prove the breach was deliberate
- DCannot recover for losses they could reasonably have avoided
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:
- AThe full cost of rebuilding the pool
- BA full refund of the contract price
- CNothing, as there was no loss in value
- DA modest sum for loss of amenity
5.Medium
A builder's job takes much longer and costs much more than planned because of labour shortages. Under Davis Contractors v Fareham UDC, the contract is:
- AVoid, because the price was wrongly estimated
- BFrustrated, because the costs rose unexpectedly and substantially
- CNot frustrated, because it has only become more onerous
- DAutomatically varied to a reasonable price
6.Medium
A fishing company receives fewer licences than it needs and chooses to assign them to its other ships, not the chartered one. In Maritime National Fish v Ocean Trawlers the charter was:
- AFrustrated by the government licensing decision
- BVoid, because licences were a condition precedent
- CSuspended until more licences were issued
- DNot frustrated, because the problem was self-induced
7.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 an implied duty of good faith
- BEnforceable as a lock-out agreement
- CUnenforceable, because it lacks certainty
- DEnforceable only if made in writing
8.Hard
Under the EU Unfair Terms Directive, a non-negotiated consumer contract term is unfair if:
- AIt benefits the trader in any way, even where the consumer's rights are not significantly affected
- BContrary to good faith, it causes a significant imbalance to the consumer's detriment
- CThe consumer did not read it
- DIt was written in small font
Answer key
- 1. A · Protected, so many of their contracts are not enforceable against them
- 2. C · It rejects and ends the original offer
- 3. D · Cannot recover for losses they could reasonably have avoided
- 4. D · A modest sum for loss of amenity
- 5. C · Not frustrated, because it has only become more onerous
- 6. D · Not frustrated, because the problem was self-induced
- 7. C · Unenforceable, because it lacks certainty
- 8. B · Contrary to good faith, it causes a significant imbalance to the consumer's detriment
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