1.Easy
A term that is fundamental to the contract, whose breach allows termination, is called in English law a:
- ARepresentation
- BInvitation to treat
- CCondition
- DWarranty
2.Easy
When can an offer generally be withdrawn?
- AOnly after it has been accepted
- BOnly by a court
- CNever, once it has been made
- DBefore it has been accepted
3.Easy
Which elements are generally needed to form a contract?
- AAn offer and an acceptance, with the intention to be legally bound
- BA payment made in advance
- CA witness for each party
- DA written document signed by both parties and certified by a notary
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:
- ANothing, because all lost profits are too remote
- BAll lost profits, including those from the especially lucrative dyeing contracts
- COnly the price it paid for the boiler
- DOrdinary lost profits, but not the profits from the special contracts
5.Medium
Promissory estoppel can prevent a party from:
- AEntering into future contracts
- BSuing for any breach at all, including breaches entirely unrelated to the promise that it made
- CGoing back on a promise not to enforce strict legal rights, when the other relied on it
- DMaking any new promises
6.Medium
What is an exclusion clause?
- AA term that limits or excludes one party's liability
- BA term that excludes third parties from the contract
- CA term that excludes a party from paying VAT
- DA clause allowing termination at any time
7.Hard
In English law, a presumption of undue influence typically arises when:
- AAny contract is made between members of a family
- BAny customer signs a contract with a bank
- CThe price agreed is substantially lower than the market price, whatever the relationship of the parties
- DThere is a relationship of trust and confidence and a transaction that calls for explanation
8.Hard
A builder agrees to finish work for an agreed price, then demands more money. The client pays to avoid delay and gets a practical benefit. In English law (Williams v Roffey), the promise to pay more may be:
- AEnforceable, because the practical benefit can be consideration if there is no duress
- BUnenforceable, because performing an existing contractual duty can never be good consideration
- CEnforceable only if made in writing
- DA criminal offence
Answer key
- 1. C · Condition
- 2. D · Before it has been accepted
- 3. A · An offer and an acceptance, with the intention to be legally bound
- 4. D · Ordinary lost profits, but not the profits from the special contracts
- 5. C · Going back on a promise not to enforce strict legal rights, when the other relied on it
- 6. A · A term that limits or excludes one party's liability
- 7. D · There is a relationship of trust and confidence and a transaction that calls for explanation
- 8. A · Enforceable, because the practical benefit can be consideration if there is no duress
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