1.Easy
Which English statute allows a third party to enforce a contract term in some cases?
- ALaw Reform (Frustrated Contracts) Act 1943
- BContracts (Rights of Third Parties) Act 1999
- CUnfair Contract Terms Act 1977
- DMisrepresentation Act 1967
2.Easy
Which statement about silence as acceptance is correct in general?
- ASilence counts as acceptance if the offeror says so
- BSilence counts as acceptance after 24 hours
- CSilence usually does not count as acceptance
- DSilence always counts as acceptance
3.Easy
A vague sales claim such as "the best coffee in the world" is usually treated as:
- AAn implied warranty of quality
- BA condition of the contract
- CA fraudulent misrepresentation
- DA mere puff with no legal effect
4.Medium
Sailors are promised extra wages for sailing a ship home after two crew members desert, but they do no more than their contract already required. In Stilk v Myrick the promise was:
- AUnenforceable because it was made at sea
- BEnforceable because the captain agreed freely
- CEnforceable as a practical benefit
- DUnenforceable for lack of consideration
5.Medium
A customer signs a contract containing an exclusion clause without reading it. Absent fraud or misrepresentation, the clause is generally:
- AVoid for unilateral mistake
- BNot incorporated, because it was not read
- CIncorporated only if it was explained orally
- DIncorporated, because a signature binds the signer
6.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 contract was made between two businesses
- BThe statement was made orally and not in writing
- CThe claimant proves that the statement was made fraudulently and not merely carelessly
- DThey prove they had reasonable grounds to believe, and did believe, it was true
7.Hard
A husband who has left his wife signs a note promising to transfer the house to her if she pays off the mortgage. She does. In Merritt v Merritt, the promise was:
- AEnforceable, because separated spouses are presumed to intend legal relations
- BUnenforceable, because it was a domestic arrangement between husband and wife
- CUnenforceable, because she gave no consideration
- DEnforceable only because it was made by deed
8.Hard
A wife guarantees her husband's business debts to a bank. Under RBS v Etridge (No 2), the bank should normally:
- ASeek a court's approval of the guarantee
- BHave the husband explain the risks to her
- CRefuse the guarantee unless she has her own income
- DObtain confirmation that a solicitor has advised her
Answer key
- 1. B · Contracts (Rights of Third Parties) Act 1999
- 2. C · Silence usually does not count as acceptance
- 3. D · A mere puff with no legal effect
- 4. D · Unenforceable for lack of consideration
- 5. D · Incorporated, because a signature binds the signer
- 6. D · They prove they had reasonable grounds to believe, and did believe, it was true
- 7. A · Enforceable, because separated spouses are presumed to intend legal relations
- 8. D · Obtain confirmation that a solicitor has advised her
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