1.Easy
Under the contra proferentem rule, an ambiguous term is interpreted:
- AIn favour of the party who drafted it
- BAgainst the party who relies on it
- CAs if it were not part of the contract
- DIn favour of the stronger party
2.Easy
Which English statute allows a third party to enforce a contract term in some cases?
- AMisrepresentation Act 1967
- BUnfair Contract Terms Act 1977
- CLaw Reform (Frustrated Contracts) Act 1943
- DContracts (Rights of Third Parties) Act 1999
3.Easy
According to Derry v Peek, a misrepresentation is fraudulent if the maker:
- AKnew it was false, did not believe it, or was reckless whether it was true
- BMade a profit from the contract that followed
- CMade it in a written document
- DMade it carelessly and without checking the facts, though honestly believing it
4.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:
- ACan recover only if the agreement was oral
- BCannot recover anything more
- CMust give back the £600 first
- DCan usually recover the £400
5.Medium
Promissory estoppel can prevent a party from:
- AEntering into future contracts
- BGoing back on a promise not to enforce strict legal rights, when the other relied on it
- CSuing for any breach at all, including breaches entirely unrelated to the promise that it made
- DMaking any new promises
6.Medium
At an auction in England, the contract of sale is completed when:
- AThe auctioneer brings down the hammer
- BThe bidder makes the highest bid
- CThe buyer collects the goods
- DThe auctioneer puts the item up for sale
7.Hard
A council invites tenders by a deadline. A club submits on time, but the council wrongly treats it as late and ignores it. In Blackpool and Fylde Aero Club v Blackpool BC, the Court of Appeal held:
- AThe council was obliged to accept the club's tender
- BThe council breached an implied contract to consider conforming tenders
- CThere was no obligation of any kind, as an invitation to tender is only an invitation to treat
- DThe club could only claim in tort for negligence
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 the money, applying a policy-based approach to illegality
- BA could recover only half the money
- CA could not recover, because no claim can be founded on an illegal agreement
- DThe money passed to the state as illegal proceeds
Answer key
- 1. B · Against the party who relies on it
- 2. D · Contracts (Rights of Third Parties) Act 1999
- 3. A · Knew it was false, did not believe it, or was reckless whether it was true
- 4. D · Can usually recover the £400
- 5. B · Going back on a promise not to enforce strict legal rights, when the other relied on it
- 6. A · The auctioneer brings down the hammer
- 7. B · The council breached an implied contract to consider conforming tenders
- 8. A · A could recover the money, applying a policy-based approach to illegality
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