1.Easy
Which English statute allows a third party to enforce a contract term in some cases?
- AContracts (Rights of Third Parties) Act 1999
- BUnfair Contract Terms Act 1977
- CLaw Reform (Frustrated Contracts) Act 1943
- DMisrepresentation Act 1967
2.Easy
Under the Unfair Contract Terms Act 1977, a business cannot exclude or restrict liability for:
- ADeath or personal injury caused by negligence
- BLoss of profit caused by a supplier
- CLate delivery of goods in a business sale
- DAny damage to the other party's property
3.Easy
In English law, a promise made in a deed is enforceable even without:
- AA signature
- BDelivery of the deed
- CConsideration
- DWriting
4.Medium
An acceptance is sent by telex and arrives in the offeror's office during working hours. Under Entores v Miles Far East, acceptance takes effect:
- AWhen the offeror reads it a week later
- BWhen it is sent by the offeree
- CWhen it is confirmed by post
- DWhen it is received by the offeror
5.Medium
Under the Law Reform (Frustrated Contracts) Act 1943, money paid before a frustrating event is generally:
- ARecoverable, though the court may let the payee keep some for expenses
- BPayable twice, as a penalty
- CPaid into court for distribution
- DLost, because the loss must lie where it falls once the contract is frustrated
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:
- ABinding from the second night onwards
- BPart of the contract, because she stayed in the room
- CPart of the contract, because hotels may exclude liability
- DNot part of the contract, because it came after formation
7.Hard
In the Dutch Civil Code (BW), an offer that states a time limit for acceptance is:
- AAutomatically accepted at the end of the period
- BRevocable at any moment before acceptance
- CIrrevocable during that period
- DInvalid without notarial approval
8.Hard
A contract states it can be varied only in signed writing. The parties later agree an oral variation. In MWB Business Exchange v Rock Advertising, the Supreme Court held:
- AThe oral variation was ineffective, because the clause was binding
- BThe variation was effective as it had consideration
- CThe oral variation was effective, because parties can always vary orally
- DThe clause was void as against public policy
Answer key
- 1. A · Contracts (Rights of Third Parties) Act 1999
- 2. A · Death or personal injury caused by negligence
- 3. C · Consideration
- 4. D · When it is received by the offeror
- 5. A · Recoverable, though the court may let the payee keep some for expenses
- 6. D · Not part of the contract, because it came after formation
- 7. C · Irrevocable during that period
- 8. A · The oral variation was ineffective, because the clause was binding
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