1.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 condition of the contract
- DA fraudulent misrepresentation
2.Easy
A claim on a "quantum meruit" is a claim for:
- AThe return of land transferred under the contract
- BPunitive damages for deliberate breach
- CA reasonable sum for work done or services provided
- DAn order stopping the other party from acting
3.Easy
A unilateral contract is one in which:
- AOne party promises something in return for the other performing an act
- BThe terms are imposed by statute on one party
- COnly one party is allowed to terminate it
- DOnly one party signs the written document, so only that party is bound by it
4.Medium
Under section 2(1) of the Misrepresentation Act 1967, a person who made a false statement inducing a contract is liable in damages unless:
- AThe claimant proves that the statement was made fraudulently and not merely carelessly
- BThey prove they had reasonable grounds to believe, and did believe, it was true
- CThe statement was made orally and not in writing
- DThe contract was made between two businesses
5.Medium
Damages for breach of contract are generally meant to:
- APunish the party in breach
- BReturn both parties only to the position they were in before the contract was made
- CPut the innocent party in the position as if the contract had been performed
- DGive the innocent party a profit beyond their loss
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:
- AVoid, because licences were a condition precedent
- BSuspended until more licences were issued
- CFrustrated by the government licensing decision
- DNot frustrated, because the problem was self-induced
7.Hard
Which statement about the parol evidence rule is correct?
- AOral contracts are always invalid
- BWritten contracts can never be interpreted
- CCourts must accept any later oral statement as overriding the express written terms of the contract
- DEvidence outside a written contract is generally not admitted to add to or vary its terms
8.Hard
An employer pays large severance sums to two directors, later discovering it could have dismissed them for nothing because of their earlier misconduct. In Bell v Lever Bros, the agreements were:
- AVoidable for the directors' misrepresentation by failing to disclose their misconduct
- BValid, because the mistake about quality was not fundamental enough
- CVoid for common mistake about the contracts
- DUnenforceable because severance needs a deed
Answer key
- 1. A · A mere puff with no legal effect
- 2. C · A reasonable sum for work done or services provided
- 3. A · One party promises something in return for the other performing an act
- 4. B · They prove they had reasonable grounds to believe, and did believe, it was true
- 5. C · Put the innocent party in the position as if the contract had been performed
- 6. D · Not frustrated, because the problem was self-induced
- 7. D · Evidence outside a written contract is generally not admitted to add to or vary its terms
- 8. B · Valid, because the mistake about quality was not fundamental enough
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