1.Easy
Who can usually enforce a contract?
- AOnly lawyers
- BThe parties to the contract
- CAnyone who hears about it or is affected by it
- DOnly the state
2.Easy
Rescission of a contract means:
- AEnding the contract for the future only and claiming damages for lost profits
- BCorrecting the wording of a written contract
- COrdering a party to perform as promised
- DSetting the contract aside so the parties return to their original positions
3.Easy
For commercial agreements, English courts presume that the parties:
- AIntend to create legal relations
- BIntend only a moral obligation
- CIntend the agreement to be a gift
- DDo not intend to create legal relations
4.Medium
A court will imply a term in fact into a commercial contract only if:
- AIt would be reasonable and fair to both parties, even if it is not necessary
- BIt is usual in contracts in other industries
- CIt is necessary for business efficacy or so obvious it goes without saying
- DIt would benefit the weaker party
5.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 the offeror reads it a week later
- CWhen it is confirmed by post
- DWhen it is received by the offeror
6.Medium
A contract made under duress may be:
- AAvoided (set aside) by the pressured party
- BTurned into a criminal offence only
- CAutomatically valid with no remedy
- DEnforced against the pressured party in every case
7.Hard
In English law, a presumption of undue influence typically arises when:
- AAny contract is made between members of a family
- BThere is a relationship of trust and confidence and a transaction that calls for explanation
- CAny customer signs a contract with a bank
- DThe price agreed is substantially lower than the market price, whatever the relationship of the parties
8.Hard
A distribution agreement says it is not a formal or legal agreement and is "binding in honour only". In Rose and Frank v Crompton, the court held:
- AThe agreement was void as illegal
- BThe agreement was a deed and binding
- CThe agreement was binding despite those words
- DThe agreement itself was not legally binding
Answer key
- 1. B · The parties to the contract
- 2. D · Setting the contract aside so the parties return to their original positions
- 3. A · Intend to create legal relations
- 4. C · It is necessary for business efficacy or so obvious it goes without saying
- 5. D · When it is received by the offeror
- 6. A · Avoided (set aside) by the pressured party
- 7. B · There is a relationship of trust and confidence and a transaction that calls for explanation
- 8. D · The agreement itself was not legally binding
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