1.Easy
Under the contra proferentem rule, an ambiguous term is interpreted:
- AIn favour of the party who drafted it
- BAs if it were not part of the contract
- CAgainst the party who relies on it
- DIn favour of the stronger party
2.Easy
A vague sales claim such as "the best coffee in the world" is usually treated as:
- AA fraudulent misrepresentation
- BA condition of the contract
- CA mere puff with no legal effect
- DAn implied warranty of quality
3.Easy
A claim on a "quantum meruit" is a claim for:
- APunitive damages for deliberate breach
- BThe return of land transferred under the contract
- CA reasonable sum for work done or services provided
- DAn order stopping the other party from acting
4.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:
- ABinding from the second night onwards
- BNot part of the contract, because it came after formation
- CPart of the contract, because she stayed in the room
- DPart of the contract, because hotels may exclude liability
5.Medium
A contract made under duress may be:
- AAvoided (set aside) by the pressured party
- BEnforced against the pressured party in every case
- CAutomatically valid with no remedy
- DTurned into a criminal offence only
6.Medium
A doctor selling his practice truthfully states its income, but the income falls sharply before the contract is signed and he says nothing. This is:
- ANot a misrepresentation, because the statement was true when it was made
- BA breach of an implied condition of quality
- CA misrepresentation, because he should have corrected the statement
- DA mere opinion about future income
7.Hard
A seller quotes on its terms with a price variation clause. The buyer orders on its own terms without that clause, with a tear-off acknowledgement slip, which the seller signs and returns. In Butler Machine Tool v Ex-Cell-O, the contract was on:
- ANo terms, because there was no contract
- BThe buyer's terms, because the seller accepted its counter-offer
- CA mixture of terms chosen by the court as fair
- DThe seller's terms, because it sent its terms and price variation clause first
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 oral variation was ineffective, because the clause was binding
- BThe variation was effective as it had consideration
- CThe oral variation was effective, because parties can always vary orally
- DThe clause was void as against public policy
Answer key
- 1. C · Against the party who relies on it
- 2. C · A mere puff with no legal effect
- 3. C · A reasonable sum for work done or services provided
- 4. B · Not part of the contract, because it came after formation
- 5. A · Avoided (set aside) by the pressured party
- 6. C · A misrepresentation, because he should have corrected the statement
- 7. B · The buyer's terms, because the seller accepted its counter-offer
- 8. A · The oral variation was ineffective, because the clause was binding
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