1.Easy
Rescission of a contract means:
- ACorrecting the wording of a written contract
- BOrdering a party to perform as promised
- CEnding the contract for the future only and claiming damages for lost profits
- DSetting the contract aside so the parties return to their original positions
2.Easy
Which elements are generally needed to form a contract?
- AA payment made in advance
- BA witness for each party
- CAn offer and an acceptance, with the intention to be legally bound
- DA written document signed by both parties and certified by a notary
3.Easy
The duty to mitigate loss means that a claimant:
- AMust accept any offer made by the party in breach
- BCannot recover for losses they could reasonably have avoided
- CMust sue within one month of the breach
- DMust prove the breach was deliberate
4.Medium
A doctor selling his practice truthfully states its income, but the income falls sharply before the contract is signed and he says nothing. This is:
- AA mere opinion about future income
- BA breach of an implied condition of quality
- CA misrepresentation, because he should have corrected the statement
- DNot a misrepresentation, because the statement was true when it was made
5.Medium
A creditor agrees to take £600 in full settlement of a £1,000 debt that is due, then sues for the other £400. Under Pinnel's Case and Foakes v Beer, the creditor:
- AMust give back the £600 first
- BCan usually recover the £400
- CCan recover only if the agreement was oral
- DCannot recover anything more
6.Medium
A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:
- AThe full price with no deduction
- BThe price less the cost of putting the defects right
- CNothing, because performance was not exact
- DOnly payment for the materials used
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
An actress is wrongly denied the chance to take part in the final stage of a competition in which some finalists would win prizes. In Chaplin v Hicks:
- AShe could recover damages for the loss of a chance
- BShe could recover nothing, because her loss was uncertain
- CShe could recover the full value of a prize
- DShe could recover only her travel expenses
Answer key
- 1. D · Setting the contract aside so the parties return to their original positions
- 2. C · An offer and an acceptance, with the intention to be legally bound
- 3. B · Cannot recover for losses they could reasonably have avoided
- 4. C · A misrepresentation, because he should have corrected the statement
- 5. B · Can usually recover the £400
- 6. B · The price less the cost of putting the defects right
- 7. C · The buyer's terms, because the seller accepted its counter-offer
- 8. A · She could recover damages for the loss of a chance
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