1.Easy
Under the UK Consumer Rights Act 2015, goods supplied by a trader to a consumer must be:
- ACovered by a five-year manufacturer guarantee against all defects
- BSold below the recommended retail price
- CBrand new and in their original packaging
- DOf satisfactory quality, fit for purpose and as described
2.Easy
Which statement about silence as acceptance is correct in general?
- ASilence usually does not count as acceptance
- BSilence counts as acceptance if the offeror says so
- CSilence counts as acceptance after 24 hours
- DSilence always counts as acceptance
3.Easy
When can an offer generally be withdrawn?
- ANever, once it has been made
- BOnly after it has been accepted
- COnly by a court
- DBefore it has been accepted
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 it is confirmed by post
- BWhen the offeror reads it a week later
- CWhen it is sent by the offeree
- DWhen it is received by the offeror
5.Medium
An unusual and onerous term in standard conditions will only be incorporated if:
- AIt appears on the back of a receipt
- BThe other party could have found it online
- CIt was fairly and reasonably brought to the other party's attention
- DIt is printed anywhere in the contract documents, however small the type
6.Medium
A builder's job takes much longer and costs much more than planned because of labour shortages. Under Davis Contractors v Fareham UDC, the contract is:
- AAutomatically varied to a reasonable price
- BNot frustrated, because it has only become more onerous
- CVoid, because the price was wrongly estimated
- DFrustrated, because the costs rose unexpectedly and substantially
7.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 seller's terms, because it sent its terms and price variation clause first
- BNo terms, because there was no contract
- CThe buyer's terms, because the seller accepted its counter-offer
- DA mixture of terms chosen by the court as fair
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:
- AVoid for mistake, so the innocent buyer got no title
- BVoid, because cheques cannot pay for cars
- CValid, and the seller could only sue the rogue in tort
- DVoidable for fraud, so the innocent buyer got good title
Answer key
- 1. D · Of satisfactory quality, fit for purpose and as described
- 2. A · Silence usually does not count as acceptance
- 3. D · Before it has been accepted
- 4. D · When it is received by the offeror
- 5. C · It was fairly and reasonably brought to the other party's attention
- 6. B · Not frustrated, because it has only become more onerous
- 7. C · The buyer's terms, because the seller accepted its counter-offer
- 8. D · Voidable for fraud, so the innocent buyer got good title
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