1.Easy
In English law, "past consideration" is generally:
- AGood consideration if it was valuable
- BRequired for every contract
- CNot good consideration
- DGood consideration only between family members
2.Easy
In English law, revocation of an offer takes effect:
- AOnly after a reasonable notice period
- BWhen the letter of revocation is posted
- CAs soon as the offeror privately decides
- DWhen it is actually communicated to the offeree
3.Easy
An offer with no stated time limit lapses:
- AAt midnight on the day it is made
- BAfter a reasonable time
- CAfter exactly seven days
- DNever, unless revoked
4.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 only for the first delivery
- BA contract accepted by conduct
- CA void agreement for lack of certainty
- DNo contract, because nothing was signed
5.Medium
Which of these will usually bar rescission for misrepresentation?
- AThe misrepresentation was innocent rather than fraudulent or negligent
- BThe misrepresentation was made by a company
- CThe innocent party affirms the contract after learning the truth
- DThe contract was made in writing
6.Medium
A sailor is to be paid only on completing a voyage, but dies part of the way. Under the strict rule applied in Cutter v Powell:
- ANothing was recoverable for the part performed
- BA proportion of the wages was payable
- CThe ship owner had to pay compensation
- DThe full wages were payable
7.Hard
A distribution agreement says it is not a formal or legal agreement and is "binding in honour only". In Rose and Frank v Crompton, the court held:
- AThe agreement was binding despite those words
- BThe agreement was void as illegal
- CThe agreement itself was not legally binding
- DThe agreement was a deed and binding
8.Hard
A contract states it can be varied only in signed writing. The parties later agree an oral variation. In MWB Business Exchange v Rock Advertising, the Supreme Court held:
- AThe variation was effective as it had consideration
- BThe oral variation was ineffective, because the clause was binding
- CThe oral variation was effective, because parties can always vary orally
- DThe clause was void as against public policy
Answer key
- 1. C · Not good consideration
- 2. D · When it is actually communicated to the offeree
- 3. B · After a reasonable time
- 4. B · A contract accepted by conduct
- 5. C · The innocent party affirms the contract after learning the truth
- 6. A · Nothing was recoverable for the part performed
- 7. C · The agreement itself was not legally binding
- 8. B · The oral variation was ineffective, because the clause was binding
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