1.Easy
The duty to mitigate loss means that a claimant:
- AMust prove the breach was deliberate
- BMust sue within one month of the breach
- CMust accept any offer made by the party in breach
- DCannot recover for losses they could reasonably have avoided
2.Easy
A claim on a "quantum meruit" is a claim for:
- AA reasonable sum for work done or services provided
- BThe return of land transferred under the contract
- CPunitive damages for deliberate breach
- DAn order stopping the other party from acting
3.Easy
An offeree asks whether the offeror would accept delivery in two parts, without rejecting the original terms. This is:
- AA request for information
- BAn acceptance
- CA revocation
- DA counter-offer
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 accepted by conduct
- BA void agreement for lack of certainty
- CA contract only for the first delivery
- DNo contract, because nothing was signed
5.Medium
A creditor agrees to take £600 in full settlement of a £1,000 debt that is due, then sues for the other £400. Under Pinnel's Case and Foakes v Beer, the creditor:
- ACan recover only if the agreement was oral
- BMust give back the £600 first
- CCan usually recover the £400
- DCannot recover anything more
6.Medium
An unusual and onerous term in standard conditions will only be incorporated if:
- AIt was fairly and reasonably brought to the other party's attention
- BIt appears on the back of a receipt
- CIt is printed anywhere in the contract documents, however small the type
- DThe other party could have found it online
7.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 carrier committed a crime of extortion
- CThe new agreement was binding as a free variation
- DThe new agreement was not binding, due to economic duress
8.Hard
A pays B money to bet on shares using insider information, which is illegal. The bet never happens and A wants the money back. In Patel v Mirza, the Supreme Court held:
- AA could recover the money, applying a policy-based approach to illegality
- BA could not recover, because no claim can be founded on an illegal agreement
- CA could recover only half the money
- DThe money passed to the state as illegal proceeds
Answer key
- 1. D · Cannot recover for losses they could reasonably have avoided
- 2. A · A reasonable sum for work done or services provided
- 3. A · A request for information
- 4. A · A contract accepted by conduct
- 5. C · Can usually recover the £400
- 6. A · It was fairly and reasonably brought to the other party's attention
- 7. D · The new agreement was not binding, due to economic duress
- 8. A · A could recover the money, applying a policy-based approach to illegality
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