1.Easy
Which English statute allows a third party to enforce a contract term in some cases?
- AMisrepresentation Act 1967
- BUnfair Contract Terms Act 1977
- CLaw Reform (Frustrated Contracts) Act 1943
- DContracts (Rights of Third Parties) Act 1999
2.Easy
When can an offer generally be withdrawn?
- AOnly by a court
- BNever, once it has been made
- COnly after it has been accepted
- DBefore it has been accepted
3.Easy
A counter-offer has which effect on the original offer?
- AIt makes the original offer irrevocable
- BIt rejects and ends the original offer
- CIt has no effect at all
- DIt accepts the original offer
4.Medium
A creditor agrees to take £600 in full settlement of a £1,000 debt that is due, then sues for the other £400. Under Pinnel's Case and Foakes v Beer, the creditor:
- ACannot recover anything more
- BCan usually recover the £400
- CCan recover only if the agreement was oral
- DMust give back the £600 first
5.Medium
Damages for breach of contract are generally meant to:
- APunish the party in breach
- BReturn both parties only to the position they were in before the contract was made
- CPut the innocent party in the position as if the contract had been performed
- DGive the innocent party a profit beyond their loss
6.Medium
A promises to keep an offer open until Friday. On Thursday, B hears from a reliable third party that A has sold the property to someone else. Under Dickinson v Dodds:
- AThe offer has been revoked, so B can no longer accept
- BThe offer stays open until Friday, as A promised
- CB can sue A for breaking the promise to keep it open
- DB can accept and claim the property from the new buyer
7.Hard
Which statement about the parol evidence rule is correct?
- ACourts must accept any later oral statement as overriding the express written terms of the contract
- BOral contracts are always invalid
- CEvidence outside a written contract is generally not admitted to add to or vary its terms
- DWritten contracts can never be interpreted
8.Hard
A flat is hired for two days to watch a coronation procession, which is cancelled because the King is ill. The contract does not mention the procession. In Krell v Henry:
- AThe hirer had to pay as the risk was his
- BThe contract was not frustrated, because the flat was still available
- CThe contract was frustrated, because the procession was its foundation
- DThe contract was void for common mistake
Answer key
- 1. D · Contracts (Rights of Third Parties) Act 1999
- 2. D · Before it has been accepted
- 3. B · It rejects and ends the original offer
- 4. B · Can usually recover the £400
- 5. C · Put the innocent party in the position as if the contract had been performed
- 6. A · The offer has been revoked, so B can no longer accept
- 7. C · Evidence outside a written contract is generally not admitted to add to or vary its terms
- 8. C · The contract was frustrated, because the procession was its foundation
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