1.Easy
In contract law, the "offeree" is:
- AThe person who makes the offer
- BThe lawyer who drafts the offer
- CA third party who benefits from the contract
- DThe person to whom an offer is made
2.Easy
Under the contra proferentem rule, an ambiguous term is interpreted:
- AAs if it were not part of the contract
- BAgainst the party who relies on it
- CIn favour of the stronger party
- DIn favour of the party who drafted it
3.Easy
Which English statute allows a third party to enforce a contract term in some cases?
- AContracts (Rights of Third Parties) Act 1999
- BUnfair Contract Terms Act 1977
- CMisrepresentation Act 1967
- DLaw Reform (Frustrated Contracts) Act 1943
4.Medium
In Hadley v Baxendale, damages are recoverable for losses that:
- AArise naturally from the breach or were in the reasonable contemplation of both parties
- BThe claimant suffered only after the trial
- CWere caused by a third party
- DWere caused in any factual sense by the breach, however unusual and unforeseeable they were
5.Medium
An acceptance is sent by telex and arrives in the offeror's office during working hours. Under Entores v Miles Far East, acceptance takes effect:
- AWhen it is received by the offeror
- BWhen the offeror reads it a week later
- CWhen it is sent by the offeree
- DWhen it is confirmed by post
6.Medium
Under EU consumer law, a consumer who buys online usually has the right to withdraw within:
- A14 days without giving a reason
- B3 days, only with a reason
- CNo time, because online sales are final
- D30 days, only if the goods are defective
7.Hard
Under the Vienna Sales Convention (CISG), a reply to an offer that adds non-material terms:
- AIs always a rejection
- BIs an acceptance, unless the offeror objects without undue delay
- CHas no legal effect
- DCreates a contract only after a court confirms that the added terms are non-material
8.Hard
Asked to "telegraph lowest cash price" for a property, the owner replies "Lowest price £900". The enquirer then telegraphs that he accepts. In Harvey v Facey:
- AThe reply was a counter-offer, which the enquirer's telegram then accepted
- BThere was a contract at a reasonable price
- CThere was a contract at £900
- DThere was no contract, because stating a lowest price was not an offer
Answer key
- 1. D · The person to whom an offer is made
- 2. B · Against the party who relies on it
- 3. A · Contracts (Rights of Third Parties) Act 1999
- 4. A · Arise naturally from the breach or were in the reasonable contemplation of both parties
- 5. A · When it is received by the offeror
- 6. A · 14 days without giving a reason
- 7. B · Is an acceptance, unless the offeror objects without undue delay
- 8. D · There was no contract, because stating a lowest price was not an offer
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