1.Easy
A term that the parties did not state, but which a court reads into the contract, is:
- AAn implied term
- BA collateral warranty
- CA condition precedent
- DAn express term
2.Easy
In English law, a term whose breach allows termination only if the consequences are serious is called:
- AA representation
- BA condition
- CA warranty
- DAn innominate (intermediate) term
3.Easy
Under the Unfair Contract Terms Act 1977, a business cannot exclude or restrict liability for:
- AAny damage to the other party's property
- BDeath or personal injury caused by negligence
- CLoss of profit caused by a supplier
- DLate delivery of goods in a business sale
4.Medium
Under EU consumer law, a consumer who buys online usually has the right to withdraw within:
- A14 days without giving a reason
- B3 days, only with a reason
- CNo time, because online sales are final
- D30 days, only if the goods are defective
5.Medium
A fishing company receives fewer licences than it needs and chooses to assign them to its other ships, not the chartered one. In Maritime National Fish v Ocean Trawlers the charter was:
- ASuspended until more licences were issued
- BNot frustrated, because the problem was self-induced
- CVoid, because licences were a condition precedent
- DFrustrated by the government licensing decision
6.Medium
A promises to keep an offer open until Friday. On Thursday, B hears from a reliable third party that A has sold the property to someone else. Under Dickinson v Dodds:
- AB can sue A for breaking the promise to keep it open
- BThe offer stays open until Friday, as A promised
- CB can accept and claim the property from the new buyer
- DThe offer has been revoked, so B can no longer accept
7.Hard
A carrier, knowing a small company depends on its deliveries to supply a major customer, refuses to continue unless paid a higher minimum price. The company agrees as it has no alternative. In Atlas Express v Kafco:
- AThe carrier committed a crime of extortion
- BThe new agreement was binding, as the carrier's continued performance was a practical benefit
- CThe new agreement was binding as a free variation
- DThe new agreement was not binding, due to economic duress
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 variation was effective as it had consideration
- BThe clause was void as against public policy
- CThe oral variation was ineffective, because the clause was binding
- DThe oral variation was effective, because parties can always vary orally
Answer key
- 1. A · An implied term
- 2. D · An innominate (intermediate) term
- 3. B · Death or personal injury caused by negligence
- 4. A · 14 days without giving a reason
- 5. B · Not frustrated, because the problem was self-induced
- 6. D · The offer has been revoked, so B can no longer accept
- 7. D · The new agreement was not binding, due to economic duress
- 8. C · The oral variation was ineffective, because the clause was binding
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