1.Easy
An offer with no stated time limit lapses:
- ANever, unless revoked
- BAfter a reasonable time
- CAfter exactly seven days
- DAt midnight on the day it is made
2.Easy
The rule that consideration "must be sufficient but need not be adequate" means:
- AIt must always be paid in money
- BIt must have some value in law, but need not match the value of the promise
- CIt must be equal to the market value of the promise it is given in exchange for
- DIt must be paid before the contract is made
3.Easy
Which English statute allows a third party to enforce a contract term in some cases?
- AContracts (Rights of Third Parties) Act 1999
- BLaw Reform (Frustrated Contracts) Act 1943
- CMisrepresentation Act 1967
- DUnfair Contract Terms Act 1977
4.Medium
A boiler is delivered late to a laundry. The seller knew it was needed for the business but not about especially lucrative dyeing contracts. Under Victoria Laundry v Newman, the laundry recovers:
- AOrdinary lost profits, but not the profits from the special contracts
- BNothing, because all lost profits are too remote
- COnly the price it paid for the boiler
- DAll lost profits, including those from the especially lucrative dyeing contracts
5.Medium
Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:
- ANever, in any circumstances
- BOnly if it satisfies the requirement of reasonableness
- CAlways, because businesses can bargain freely
- DOnly if signed by a company director
6.Medium
An acceptance is sent by telex and arrives in the offeror's office during working hours. Under Entores v Miles Far East, acceptance takes effect:
- AWhen it is sent by the offeree
- BWhen it is received by the offeror
- CWhen the offeror reads it a week later
- DWhen it is confirmed by post
7.Hard
A contract states it can be varied only in signed writing. The parties later agree an oral variation. In MWB Business Exchange v Rock Advertising, the Supreme Court held:
- AThe clause was void as against public policy
- BThe oral variation was ineffective, because the clause was binding
- CThe oral variation was effective, because parties can always vary orally
- DThe variation was effective as it had consideration
8.Hard
A carrier, knowing a small company depends on its deliveries to supply a major customer, refuses to continue unless paid a higher minimum price. The company agrees as it has no alternative. In Atlas Express v Kafco:
- AThe new agreement was binding, as the carrier's continued performance was a practical benefit
- BThe new agreement was binding as a free variation
- CThe new agreement was not binding, due to economic duress
- DThe carrier committed a crime of extortion
Answer key
- 1. B · After a reasonable time
- 2. B · It must have some value in law, but need not match the value of the promise
- 3. A · Contracts (Rights of Third Parties) Act 1999
- 4. A · Ordinary lost profits, but not the profits from the special contracts
- 5. B · Only if it satisfies the requirement of reasonableness
- 6. B · When it is received by the offeror
- 7. B · The oral variation was ineffective, because the clause was binding
- 8. C · The new agreement was not binding, due to economic duress
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