1.Easy
The rule that "consideration must move from the promisee" means:
- AA person can enforce a promise only if they gave consideration for it
- BThe consideration must be handed to a court
- CThe promisee must always pay in cash
- DThe promisor must provide all the consideration for the promise it makes
2.Easy
A claim on a "quantum meruit" is a claim for:
- AAn order stopping the other party from acting
- BA reasonable sum for work done or services provided
- CThe return of land transferred under the contract
- DPunitive damages for deliberate breach
3.Easy
In contract law, the "offeree" is:
- AA third party who benefits from the contract
- BThe person to whom an offer is made
- CThe person who makes the offer
- DThe lawyer who drafts the offer
4.Medium
A sailor is to be paid only on completing a voyage, but dies part of the way. Under the strict rule applied in Cutter v Powell:
- AA proportion of the wages was payable
- BThe ship owner had to pay compensation
- CNothing was recoverable for the part performed
- DThe full wages were payable
5.Medium
An unusual and onerous term in standard conditions will only be incorporated if:
- AIt appears on the back of a receipt
- BIt is printed anywhere in the contract documents, however small the type
- CThe other party could have found it online
- DIt was fairly and reasonably brought to the other party's attention
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:
- ANot frustrated, because the problem was self-induced
- BVoid, because licences were a condition precedent
- CSuspended until more licences were issued
- DFrustrated by the government licensing decision
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:
- AThe money passed to the state as illegal proceeds
- BA could not recover, because no claim can be founded on an illegal agreement
- CA could recover only half the money
- DA could recover the money, applying a policy-based approach to illegality
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
- BHas no legal effect
- CIs always a rejection
- DCreates a contract only after a court confirms that the added terms are non-material
Answer key
- 1. A · A person can enforce a promise only if they gave consideration for it
- 2. B · A reasonable sum for work done or services provided
- 3. B · The person to whom an offer is made
- 4. C · Nothing was recoverable for the part performed
- 5. D · It was fairly and reasonably brought to the other party's attention
- 6. A · Not frustrated, because the problem was self-induced
- 7. D · A could recover the money, applying a policy-based approach to illegality
- 8. A · Is an acceptance, unless the offeror objects without undue delay
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