1.Easy
In English law, agreements between spouses living together in harmony are presumed to be:
- ABinding only for one year
- BAlways legally binding
- CNot intended to be legally binding
- DBinding only if witnessed
2.Easy
Which statement about silence as acceptance is correct in general?
- ASilence always counts as acceptance
- BSilence counts as acceptance after 24 hours
- CSilence usually does not count as acceptance
- DSilence counts as acceptance if the offeror says so
3.Easy
A vague sales claim such as "the best coffee in the world" is usually treated as:
- AA mere puff with no legal effect
- BAn implied warranty of quality
- CA condition of the contract
- DA fraudulent misrepresentation
4.Medium
An offer says acceptance must be made "by notice in writing to us". The offeree posts an acceptance, which is lost. Under Holwell Securities v Hughes:
- AA contract was formed when the offeree decided to accept
- BA contract was formed when the letter was posted
- CThere is no contract, because actual notice was required
- DThe contract is void for common mistake
5.Medium
An acceptance is sent by telex and arrives in the offeror's office during working hours. Under Entores v Miles Far East, acceptance takes effect:
- AWhen the offeror reads it a week later
- BWhen it is received by the offeror
- CWhen it is sent by the offeree
- DWhen it is confirmed by post
6.Medium
An actor withdraws from a TV film and the company cannot prove what profit the film would have made. It may claim:
- AIts estimated profits from the film, even if they are purely speculative
- BOnly nominal damages of a small sum
- CIts wasted expenditure, including costs incurred before the contract
- DPunitive damages to deter the actor
7.Hard
In Great Peace Shipping v Tsavliris Salvage, the Court of Appeal held that a contract is void for common mistake only if the mistake makes performance:
- ADifferent from the contract in a minor detail
- BImpossible or essentially different from what the parties agreed
- CCommercially less attractive for one party
- DMore expensive to carry out than both parties had expected when contracting
8.Hard
In a face-to-face sale, a rogue falsely claims to be a famous actor, pays with a worthless cheque, and sells the car on to an innocent buyer. Under Lewis v Averay, the first contract was:
- AVoid, because cheques cannot pay for cars
- BVoid for mistake, so the innocent buyer got no title
- CValid, and the seller could only sue the rogue in tort
- DVoidable for fraud, so the innocent buyer got good title
Answer key
- 1. C · Not intended to be legally binding
- 2. C · Silence usually does not count as acceptance
- 3. A · A mere puff with no legal effect
- 4. C · There is no contract, because actual notice was required
- 5. B · When it is received by the offeror
- 6. C · Its wasted expenditure, including costs incurred before the contract
- 7. B · Impossible or essentially different from what the parties agreed
- 8. D · Voidable for fraud, so the innocent buyer got good title
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