1.Easy
In English law, a term whose breach allows termination only if the consequences are serious is called:
- AA representation
- BA condition
- CAn innominate (intermediate) term
- DA warranty
2.Easy
A shop displays a jacket with a price tag in its window. In English law this is usually:
- AAn invitation to treat
- BA unilateral contract
- CA binding offer to sell at that price
- DAn acceptance
3.Easy
Under English law, a minor who is supplied with necessaries must pay:
- ANothing, because minors are never bound
- BDouble the contract price
- CA reasonable price for them
- DOnly if a parent signed the contract
4.Medium
A boiler is delivered late to a laundry. The seller knew it was needed for the business but not about especially lucrative dyeing contracts. Under Victoria Laundry v Newman, the laundry recovers:
- AOnly the price it paid for the boiler
- BOrdinary lost profits, but not the profits from the special contracts
- CNothing, because all lost profits are too remote
- DAll lost profits, including those from the especially lucrative dyeing contracts
5.Medium
A seller says the farms are "fully let" but does not mention that the tenants have given notice to leave. This is:
- AA mere puff with no legal effect
- BA statement of opinion only
- CMere silence, which is never actionable
- DA misrepresentation by half-truth
6.Medium
A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:
- ANothing, because performance was not exact
- BThe price less the cost of putting the defects right
- CThe full price with no deduction
- DOnly payment for the materials used
7.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 only half the money
- BA could not recover, because no claim can be founded on an illegal agreement
- CA could recover the money, applying a policy-based approach to illegality
- DThe money passed to the state as illegal proceeds
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 a free variation
- BThe new agreement was not binding, due to economic duress
- CThe new agreement was binding, as the carrier's continued performance was a practical benefit
- DThe carrier committed a crime of extortion
Answer key
- 1. C · An innominate (intermediate) term
- 2. A · An invitation to treat
- 3. C · A reasonable price for them
- 4. B · Ordinary lost profits, but not the profits from the special contracts
- 5. D · A misrepresentation by half-truth
- 6. B · The price less the cost of putting the defects right
- 7. C · A could recover the money, applying a policy-based approach to illegality
- 8. B · The new agreement was not binding, due to economic duress
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