1.Easy
Under the UK Consumer Rights Act 2015, goods supplied by a trader to a consumer must be:
- ASold below the recommended retail price
- BBrand new and in their original packaging
- CCovered by a five-year manufacturer guarantee against all defects
- DOf satisfactory quality, fit for purpose and as described
2.Easy
In English law, agreements between spouses living together in harmony are presumed to be:
- ABinding only if witnessed
- BAlways legally binding
- CBinding only for one year
- DNot intended to be legally binding
3.Easy
A term that the parties did not state, but which a court reads into the contract, is:
- AAn express term
- BA collateral warranty
- CAn implied term
- DA condition precedent
4.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- AThe offer has been revoked, so B can no longer accept
- BThe offer stays open until Friday, as A promised
- CB can sue A for breaking the promise to keep it open
- DB can accept and claim the property from the new buyer
5.Medium
A holiday company provides a holiday far below the promised standard. Can the customer recover damages for disappointment?
- ANo, because mental distress is never recoverable in contract
- BOnly if the customer suffered a physical injury
- COnly if the company acted dishonestly
- DYes, because the contract's purpose was to provide enjoyment
6.Medium
A supplier receives a draft agreement, never signs or returns it, but both sides trade on its terms for years. A court is likely to find:
- AA contract accepted by conduct
- BNo contract, because nothing was signed
- CA contract only for the first delivery
- DA void agreement for lack of certainty
7.Hard
Two parties agree to continue negotiating for the sale of a business, with no fixed period. In Walford v Miles, the House of Lords held that a bare agreement to negotiate in good faith is:
- AEnforceable as a lock-out agreement
- BUnenforceable, because it lacks certainty
- CEnforceable only if made in writing
- DEnforceable, as an implied duty of good faith
8.Hard
In the Dutch Civil Code (BW), an offer that states a time limit for acceptance is:
- AIrrevocable during that period
- BInvalid without notarial approval
- CRevocable at any moment before acceptance
- DAutomatically accepted at the end of the period
Answer key
- 1. D · Of satisfactory quality, fit for purpose and as described
- 2. D · Not intended to be legally binding
- 3. C · An implied term
- 4. A · The offer has been revoked, so B can no longer accept
- 5. D · Yes, because the contract's purpose was to provide enjoyment
- 6. A · A contract accepted by conduct
- 7. B · Unenforceable, because it lacks certainty
- 8. A · Irrevocable during that period
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