1.Easy
Who can usually enforce a contract?
- AThe parties to the contract
- BAnyone who hears about it or is affected by it
- COnly the state
- DOnly lawyers
2.Easy
In English law, agreements between spouses living together in harmony are presumed to be:
- ABinding only for one year
- BBinding only if witnessed
- CNot intended to be legally binding
- DAlways legally binding
3.Easy
The duty to mitigate loss means that a claimant:
- AMust prove the breach was deliberate
- BMust sue within one month of the breach
- CCannot recover for losses they could reasonably have avoided
- DMust accept any offer made by the party in breach
4.Medium
Police provide extra officers at a mine during a strike, beyond what their public duty requires, at the owner's request. The owner's promise to pay is:
- AEnforceable only if approved by Parliament
- BEnforceable, because doing more than a public duty is consideration
- CUnenforceable, because police protection can never be consideration for a promise
- DVoid, because it is contrary to public policy
5.Medium
Under the Law Reform (Frustrated Contracts) Act 1943, money paid before a frustrating event is generally:
- ALost, because the loss must lie where it falls once the contract is frustrated
- BRecoverable, though the court may let the payee keep some for expenses
- CPayable twice, as a penalty
- DPaid into court for distribution
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 she stayed in the room
- BPart of the contract, because hotels may exclude liability
- CNot part of the contract, because it came after formation
- DBinding from the second night onwards
7.Hard
Under the Vienna Sales Convention (CISG), a reply to an offer that adds non-material terms:
- AHas no legal effect
- BIs an acceptance, unless the offeror objects without undue delay
- CIs always a rejection
- DCreates a contract only after a court confirms that the added terms are non-material
8.Hard
In a face-to-face sale, a rogue falsely claims to be a famous actor, pays with a worthless cheque, and sells the car on to an innocent buyer. Under Lewis v Averay, the first contract was:
- AValid, and the seller could only sue the rogue in tort
- BVoid for mistake, so the innocent buyer got no title
- CVoidable for fraud, so the innocent buyer got good title
- DVoid, because cheques cannot pay for cars
Answer key
- 1. A · The parties to the contract
- 2. C · Not intended to be legally binding
- 3. C · Cannot recover for losses they could reasonably have avoided
- 4. B · Enforceable, because doing more than a public duty is consideration
- 5. B · Recoverable, though the court may let the payee keep some for expenses
- 6. C · Not part of the contract, because it came after formation
- 7. B · Is an acceptance, unless the offeror objects without undue delay
- 8. C · Voidable for fraud, so the innocent buyer got good title
Full step-by-step solutions: practise this topic on examproblems.com.