1.Easy
An offer with no stated time limit lapses:
- AAfter exactly seven days
- BAt midnight on the day it is made
- CAfter a reasonable time
- DNever, unless revoked
2.Easy
The rule that consideration "must be sufficient but need not be adequate" means:
- AIt must be equal to the market value of the promise it is given in exchange for
- BIt must always be paid in money
- CIt must be paid before the contract is made
- DIt must have some value in law, but need not match the value of the promise
3.Easy
A term that the parties did not state, but which a court reads into the contract, is:
- AA collateral warranty
- BA condition precedent
- CAn implied term
- DAn express term
4.Medium
A buyer is told false figures about a business and is offered documents that would reveal the truth, but does not read them. Under Redgrave v Hurd:
- AThe buyer can claim only half the loss
- BThe buyer loses all remedies by failing to check
- CThe misrepresentation becomes a term
- DThe buyer can still rely on the misrepresentation
5.Medium
Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:
- AAlways, because businesses can bargain freely
- BOnly if signed by a company director
- CNever, in any circumstances
- DOnly if it satisfies the requirement of reasonableness
6.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:
- ANot part of the contract, because it came after formation
- BBinding from the second night onwards
- CPart of the contract, because she stayed in the room
- DPart of the contract, because hotels may exclude liability
7.Hard
A rogue uses a stolen driving licence to take a car on written hire-purchase in another person's name. In Shogun Finance v Hudson, the majority of the House of Lords held:
- AThe contract was void, because hire-purchase agreements must always be made face to face
- BThe contract was valid with the rogue himself
- CThe contract was void, because the finance company dealt only with the named person
- DThe contract was voidable, so a later buyer got good title
8.Hard
A buyer specifically asks a surveyor to check aircraft noise at a property. The surveyor negligently reports no problem. In Farley v Skinner:
- ANo damages were recoverable, because damages for distress or discomfort are always excluded in contract
- BThe buyer had to sell the house before claiming
- COnly the difference in market value was recoverable
- DDamages for discomfort were recoverable, as peace of mind was an important object of the obligation
Answer key
- 1. C · After a reasonable time
- 2. D · It must have some value in law, but need not match the value of the promise
- 3. C · An implied term
- 4. D · The buyer can still rely on the misrepresentation
- 5. D · Only if it satisfies the requirement of reasonableness
- 6. A · Not part of the contract, because it came after formation
- 7. C · The contract was void, because the finance company dealt only with the named person
- 8. D · Damages for discomfort were recoverable, as peace of mind was an important object of the obligation
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