1.Easy
In England and Wales, a claim for breach of a simple (non-deed) contract must usually be brought within:
- AThree months of the breach
- BOne year of the breach
- CTwelve years of the breach
- DSix years of the breach
2.Easy
In contract law, the "offeree" is:
- AThe person who makes the offer
- BA third party who benefits from the contract
- CThe person to whom an offer is made
- DThe lawyer who drafts the offer
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 it carelessly and without checking the facts, though honestly believing it
- CMade it in a written document
- DMade a profit from the contract that followed
4.Medium
In Hadley v Baxendale, damages are recoverable for losses that:
- AWere caused in any factual sense by the breach, however unusual and unforeseeable they were
- BThe claimant suffered only after the trial
- CWere caused by a third party
- DArise naturally from the breach or were in the reasonable contemplation of both parties
5.Medium
Sailors are promised extra wages for sailing a ship home after two crew members desert, but they do no more than their contract already required. In Stilk v Myrick the promise was:
- AUnenforceable because it was made at sea
- BUnenforceable for lack of consideration
- CEnforceable as a practical benefit
- DEnforceable because the captain agreed freely
6.Medium
What is consideration in common law contracts?
- AThe intention to create legal relations shown by both parties
- BThe written form of a contract
- CCareful thought before signing
- DSomething of value given in exchange for a promise
7.Hard
A client repudiates an advertising contract the same day it is made. The agency ignores this, displays the adverts for the full period and sues for the price. In White and Carter v McGregor:
- AThe agency could recover the full price
- BThe agency had to obtain a court order first
- CThe agency could recover nothing
- DThe agency could only claim damages after mitigating
8.Hard
Which statement about the parol evidence rule is correct?
- AOral contracts are always invalid
- BWritten contracts can never be interpreted
- CEvidence outside a written contract is generally not admitted to add to or vary its terms
- DCourts must accept any later oral statement as overriding the express written terms of the contract
Answer key
- 1. D · Six years of the breach
- 2. C · The person to whom an offer is made
- 3. A · Knew it was false, did not believe it, or was reckless whether it was true
- 4. D · Arise naturally from the breach or were in the reasonable contemplation of both parties
- 5. B · Unenforceable for lack of consideration
- 6. D · Something of value given in exchange for a promise
- 7. A · The agency could recover the full price
- 8. C · Evidence outside a written contract is generally not admitted to add to or vary its terms
Full step-by-step solutions: practise this topic on examproblems.com.