1.Easy
Which statement about silence as acceptance is correct in general?
- ASilence counts as acceptance if the offeror says so
- BSilence always counts as acceptance
- CSilence usually does not count as acceptance
- DSilence counts as acceptance after 24 hours
2.Easy
In England and Wales, a contract for the sale of land must be:
- AMade only through an estate agent
- BApproved by a court and registered with HM Land Registry before it is made
- CIn writing, containing all agreed terms, and signed by both parties
- DMade orally in front of two witnesses
3.Easy
A unilateral contract is one in which:
- AOnly one party signs the written document, so only that party is bound by it
- BOne party promises something in return for the other performing an act
- COnly one party is allowed to terminate it
- DThe terms are imposed by statute on one party
4.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:
- AVoid, because the price was wrongly estimated
- BFrustrated, because the costs rose unexpectedly and substantially
- CNot frustrated, because it has only become more onerous
- DAutomatically varied to a reasonable price
5.Medium
An actor withdraws from a TV film and the company cannot prove what profit the film would have made. It may claim:
- AIts estimated profits from the film, even if they are purely speculative
- BIts wasted expenditure, including costs incurred before the contract
- COnly nominal damages of a small sum
- DPunitive damages to deter the actor
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:
- AThe offer has been revoked, so B can no longer accept
- BB can accept and claim the property from the new buyer
- CB can sue A for breaking the promise to keep it open
- DThe offer stays open until Friday, as A promised
7.Hard
A former spy publishes his memoirs in breach of his undertaking not to disclose official information. In AG v Blake, the House of Lords:
- AOrdered him to account for his profits, in an exceptional case
- BHeld that no remedy was available
- CAwarded punitive damages to the Crown
- DAwarded only nominal damages
8.Hard
Specific performance is usually ordered when:
- AThe defendant has no money
- BThe claimant asks for it in any case
- CDamages would be an inadequate remedy, for example for unique goods or land
- DThe contract involves personal services, such as employment or performance contracts
Answer key
- 1. C · Silence usually does not count as acceptance
- 2. C · In writing, containing all agreed terms, and signed by both parties
- 3. B · One party promises something in return for the other performing an act
- 4. C · Not frustrated, because it has only become more onerous
- 5. B · Its wasted expenditure, including costs incurred before the contract
- 6. A · The offer has been revoked, so B can no longer accept
- 7. A · Ordered him to account for his profits, in an exceptional case
- 8. C · Damages would be an inadequate remedy, for example for unique goods or land
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