1.Easy
Under the contra proferentem rule, an ambiguous term is interpreted:
- AIn favour of the stronger party
- BAs if it were not part of the contract
- CAgainst the party who relies on it
- DIn favour of the party who drafted it
2.Easy
Which statement about silence as acceptance is correct in general?
- ASilence always counts as acceptance
- BSilence usually does not count as acceptance
- CSilence counts as acceptance if the offeror says so
- DSilence counts as acceptance after 24 hours
3.Easy
In contract law, the "offeree" is:
- AThe person who makes the offer
- BThe lawyer who drafts the offer
- CThe person to whom an offer is made
- DA third party who benefits from the contract
4.Medium
A seller says the farms are "fully let" but does not mention that the tenants have given notice to leave. This is:
- AA misrepresentation by half-truth
- BA statement of opinion only
- CMere silence, which is never actionable
- DA mere puff with no legal effect
5.Medium
In Hadley v Baxendale, damages are recoverable for losses that:
- AWere caused in any factual sense by the breach, however unusual and unforeseeable they were
- BThe claimant suffered only after the trial
- CArise naturally from the breach or were in the reasonable contemplation of both parties
- DWere caused by a third party
6.Medium
Frustration of contract occurs when:
- AAn unforeseen event makes performance impossible or radically different
- BOne party regrets the bargain
- CThe contract was badly drafted
- DPerformance becomes more expensive or more difficult than either party expected
7.Hard
A posts an offer. A week later A posts a revocation. B receives the offer and immediately accepts by telegram, and only later receives the revocation. Applying Byrne v Van Tienhoven:
- AA contract was made when B accepted, because the revocation had not yet arrived
- BThere was no contract, because the revocation was posted before B's acceptance was sent
- CThere was no contract, because offers by post can be revoked at any time
- DA contract was made only when B received the revocation
8.Hard
A builder agrees to finish work for an agreed price, then demands more money. The client pays to avoid delay and gets a practical benefit. In English law (Williams v Roffey), the promise to pay more may be:
- AUnenforceable, because performing an existing contractual duty can never be good consideration
- BEnforceable only if made in writing
- CA criminal offence
- DEnforceable, because the practical benefit can be consideration if there is no duress
Answer key
- 1. C · Against the party who relies on it
- 2. B · Silence usually does not count as acceptance
- 3. C · The person to whom an offer is made
- 4. A · A misrepresentation by half-truth
- 5. C · Arise naturally from the breach or were in the reasonable contemplation of both parties
- 6. A · An unforeseen event makes performance impossible or radically different
- 7. A · A contract was made when B accepted, because the revocation had not yet arrived
- 8. D · Enforceable, because the practical benefit can be consideration if there is no duress
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