1.Easy
Rescission of a contract means:
- AEnding the contract for the future only and claiming damages for lost profits
- BOrdering a party to perform as promised
- CSetting the contract aside so the parties return to their original positions
- DCorrecting the wording of a written contract
2.Easy
Under the contra proferentem rule, an ambiguous term is interpreted:
- AAgainst the party who relies on it
- BIn favour of the party who drafted it
- CIn favour of the stronger party
- DAs if it were not part of the contract
3.Easy
Which English statute allows a third party to enforce a contract term in some cases?
- AMisrepresentation Act 1967
- BLaw Reform (Frustrated Contracts) Act 1943
- CContracts (Rights of Third Parties) Act 1999
- DUnfair Contract Terms Act 1977
4.Medium
What is an exclusion clause?
- AA term that limits or excludes one party's liability
- BA term that excludes third parties from the contract
- CA clause allowing termination at any time
- DA term that excludes a party from paying VAT
5.Medium
A court will imply a term in fact into a commercial contract only if:
- AIt is usual in contracts in other industries
- BIt would benefit the weaker party
- CIt is necessary for business efficacy or so obvious it goes without saying
- DIt would be reasonable and fair to both parties, even if it is not necessary
6.Medium
A customer signs a contract containing an exclusion clause without reading it. Absent fraud or misrepresentation, the clause is generally:
- AIncorporated only if it was explained orally
- BNot incorporated, because it was not read
- CIncorporated, because a signature binds the signer
- DVoid for unilateral mistake
7.Hard
A husband who has left his wife signs a note promising to transfer the house to her if she pays off the mortgage. She does. In Merritt v Merritt, the promise was:
- AUnenforceable, because she gave no consideration
- BUnenforceable, because it was a domestic arrangement between husband and wife
- CEnforceable, because separated spouses are presumed to intend legal relations
- DEnforceable only because it was made by deed
8.Hard
A pays B money to bet on shares using insider information, which is illegal. The bet never happens and A wants the money back. In Patel v Mirza, the Supreme Court held:
- AA could recover only half the money
- BA could recover the money, applying a policy-based approach to illegality
- CThe money passed to the state as illegal proceeds
- DA could not recover, because no claim can be founded on an illegal agreement
Answer key
- 1. C · Setting the contract aside so the parties return to their original positions
- 2. A · Against the party who relies on it
- 3. C · Contracts (Rights of Third Parties) Act 1999
- 4. A · A term that limits or excludes one party's liability
- 5. C · It is necessary for business efficacy or so obvious it goes without saying
- 6. C · Incorporated, because a signature binds the signer
- 7. C · Enforceable, because separated spouses are presumed to intend legal relations
- 8. B · A could recover the money, applying a policy-based approach to illegality
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