1.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 prove the breach was deliberate
- DMust sue within one month of the breach
2.Easy
The rule that "consideration must move from the promisee" means:
- AThe promisor must provide all the consideration for the promise it makes
- BThe consideration must be handed to a court
- CThe promisee must always pay in cash
- DA person can enforce a promise only if they gave consideration for it
3.Easy
Under English law, a minor who is supplied with necessaries must pay:
- ANothing, because minors are never bound
- BOnly if a parent signed the contract
- CDouble the contract price
- DA reasonable price for them
4.Medium
A buyer is told false figures about a business and is offered documents that would reveal the truth, but does not read them. Under Redgrave v Hurd:
- AThe misrepresentation becomes a term
- BThe buyer can still rely on the misrepresentation
- CThe buyer loses all remedies by failing to check
- DThe buyer can claim only half the loss
5.Medium
Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:
- AOnly if it satisfies the requirement of reasonableness
- BOnly if signed by a company director
- CAlways, because businesses can bargain freely
- DNever, in any circumstances
6.Medium
A hotel guest sees an exclusion notice in her room only after booking and paying at reception. Under Olley v Marlborough Court Hotel, the notice is:
- APart of the contract, because she stayed in the room
- BBinding from the second night onwards
- CNot part of the contract, because it came after formation
- DPart of the contract, because hotels may exclude liability
7.Hard
In Great Peace Shipping v Tsavliris Salvage, the Court of Appeal held that a contract is void for common mistake only if the mistake makes performance:
- ADifferent from the contract in a minor detail
- BMore expensive to carry out than both parties had expected when contracting
- CImpossible or essentially different from what the parties agreed
- DCommercially less attractive for one party
8.Hard
A flat is hired for two days to watch a coronation procession, which is cancelled because the King is ill. The contract does not mention the procession. In Krell v Henry:
- AThe contract was void for common mistake
- BThe hirer had to pay as the risk was his
- CThe contract was not frustrated, because the flat was still available
- DThe contract was frustrated, because the procession was its foundation
Answer key
- 1. B · Cannot recover for losses they could reasonably have avoided
- 2. D · A person can enforce a promise only if they gave consideration for it
- 3. D · A reasonable price for them
- 4. B · The buyer can still rely on the misrepresentation
- 5. A · Only if it satisfies the requirement of reasonableness
- 6. C · Not part of the contract, because it came after formation
- 7. C · Impossible or essentially different from what the parties agreed
- 8. D · The contract was frustrated, because the procession was its foundation
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