1.Easy
Under the contra proferentem rule, an ambiguous term is interpreted:
- AIn favour of the party who drafted it
- BIn favour of the stronger party
- CAgainst the party who relies on it
- DAs if it were not part of the contract
2.Easy
Rescission of a contract means:
- ASetting the contract aside so the parties return to their original positions
- BOrdering a party to perform as promised
- CCorrecting the wording of a written contract
- DEnding the contract for the future only and claiming damages for lost profits
3.Easy
Which elements are generally needed to form a contract?
- AA witness for each party
- BA payment made in advance
- CAn offer and an acceptance, with the intention to be legally bound
- DA written document signed by both parties and certified by a notary
4.Medium
An actor withdraws from a TV film and the company cannot prove what profit the film would have made. It may claim:
- APunitive damages to deter the actor
- BOnly nominal damages of a small sum
- CIts estimated profits from the film, even if they are purely speculative
- DIts wasted expenditure, including costs incurred before the contract
5.Medium
Frustration of contract occurs when:
- AAn unforeseen event makes performance impossible or radically different
- BPerformance becomes more expensive or more difficult than either party expected
- COne party regrets the bargain
- DThe contract was badly drafted
6.Medium
What is consideration in common law contracts?
- ASomething of value given in exchange for a promise
- BCareful thought before signing
- CThe written form of a contract
- DThe intention to create legal relations shown by both parties
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 void as illegal
- BThe agreement was binding despite those words
- CThe agreement was a deed and binding
- DThe agreement itself was not legally binding
8.Hard
A carrier, knowing a small company depends on its deliveries to supply a major customer, refuses to continue unless paid a higher minimum price. The company agrees as it has no alternative. In Atlas Express v Kafco:
- AThe new agreement was binding, as the carrier's continued performance was a practical benefit
- BThe new agreement was not binding, due to economic duress
- CThe new agreement was binding as a free variation
- DThe carrier committed a crime of extortion
Answer key
- 1. C · Against the party who relies on it
- 2. A · Setting the contract aside so the parties return to their original positions
- 3. C · An offer and an acceptance, with the intention to be legally bound
- 4. D · Its wasted expenditure, including costs incurred before the contract
- 5. A · An unforeseen event makes performance impossible or radically different
- 6. A · Something of value given in exchange for a promise
- 7. D · The agreement itself was not legally binding
- 8. B · The new agreement was not binding, due to economic duress
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