1.Easy
A term that is fundamental to the contract, whose breach allows termination, is called in English law a:
- ACondition
- BWarranty
- CInvitation to treat
- DRepresentation
2.Easy
The rule that "consideration must move from the promisee" means:
- AThe promisee must always pay in cash
- BA person can enforce a promise only if they gave consideration for it
- CThe promisor must provide all the consideration for the promise it makes
- DThe consideration must be handed to a court
3.Easy
Which statement about silence as acceptance is correct in general?
- ASilence counts as acceptance if the offeror says so
- BSilence always counts as acceptance
- CSilence counts as acceptance after 24 hours
- DSilence usually does not count as acceptance
4.Medium
An actress agrees to act only for one studio and not for any other during the contract. She leaves to act for a rival. The court is most likely to:
- AOrder her to pay the rival's profits to the court
- BOrder her to perform her contract with the studio
- CGrant an injunction stopping her acting for the rival
- DRefuse any remedy, as personal services are involved
5.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:
- AThey prove they had reasonable grounds to believe, and did believe, it was true
- BThe statement was made orally and not in writing
- CThe claimant proves that the statement was made fraudulently and not merely carelessly
- DThe contract was made between two businesses
6.Medium
A hotel guest sees an exclusion notice in her room only after booking and paying at reception. Under Olley v Marlborough Court Hotel, the notice is:
- APart of the contract, because hotels may exclude liability
- BNot part of the contract, because it came after formation
- CPart of the contract, because she stayed in the room
- DBinding from the second night onwards
7.Hard
A chartered ship is returned late, and the owner loses a very profitable follow-on charter. In The Achilleas, the House of Lords held the charterer was liable:
- AFor the whole profit lost on the follow-on charter, as it was foreseeable
- BFor no loss, because late return is not a breach
- COnly for the market rate difference during the overrun period
- DFor punitive damages, because the delay was deliberate
8.Hard
A seller quotes on its terms with a price variation clause. The buyer orders on its own terms without that clause, with a tear-off acknowledgement slip, which the seller signs and returns. In Butler Machine Tool v Ex-Cell-O, the contract was on:
- AThe buyer's terms, because the seller accepted its counter-offer
- BA mixture of terms chosen by the court as fair
- CNo terms, because there was no contract
- DThe seller's terms, because it sent its terms and price variation clause first
Answer key
- 1. A · Condition
- 2. B · A person can enforce a promise only if they gave consideration for it
- 3. D · Silence usually does not count as acceptance
- 4. C · Grant an injunction stopping her acting for the rival
- 5. A · They prove they had reasonable grounds to believe, and did believe, it was true
- 6. B · Not part of the contract, because it came after formation
- 7. C · Only for the market rate difference during the overrun period
- 8. A · The buyer's terms, because the seller accepted its counter-offer
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