1.Easy
Under the UK Consumer Rights Act 2015, the short-term right to reject faulty goods generally lasts:
- A30 days
- B2 years
- C7 days
- D6 months
2.Easy
A term that the parties did not state, but which a court reads into the contract, is:
- AA condition precedent
- BA collateral warranty
- CAn implied term
- DAn express term
3.Easy
The duty to mitigate loss means that a claimant:
- AMust accept any offer made by the party in breach
- BMust sue within one month of the breach
- CCannot recover for losses they could reasonably have avoided
- DMust prove the breach was deliberate
4.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
5.Medium
An offer says acceptance must be made "by notice in writing to us". The offeree posts an acceptance, which is lost. Under Holwell Securities v Hughes:
- AThere is no contract, because actual notice was required
- BA contract was formed when the letter was posted
- CThe contract is void for common mistake
- DA contract was formed when the offeree decided to accept
6.Medium
A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:
- AOnly payment for the materials used
- BNothing, because performance was not exact
- CThe full price with no deduction
- DThe price less the cost of putting the defects right
7.Hard
Specific performance is usually ordered when:
- AThe contract involves personal services, such as employment or performance contracts
- BDamages would be an inadequate remedy, for example for unique goods or land
- CThe defendant has no money
- DThe claimant asks for it in any case
8.Hard
Liquidated damages clauses are enforceable in English law when:
- AThey are agreed orally only
- BThey protect a legitimate interest and are not out of all proportion to it
- CThey are set as high as possible, so that they deter either party from breaching
- DOnly the party in breach benefits from them
Answer key
- 1. A · 30 days
- 2. C · An implied term
- 3. C · Cannot recover for losses they could reasonably have avoided
- 4. C · Going back on a promise not to enforce strict legal rights, when the other relied on it
- 5. A · There is no contract, because actual notice was required
- 6. D · The price less the cost of putting the defects right
- 7. B · Damages would be an inadequate remedy, for example for unique goods or land
- 8. B · They protect a legitimate interest and are not out of all proportion to it
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