1.Easy
For commercial agreements, English courts presume that the parties:
- AIntend the agreement to be a gift
- BIntend only a moral obligation
- CIntend to create legal relations
- DDo not intend to create legal relations
2.Easy
In England and Wales, a contract for the sale of land must be:
- AIn writing, containing all agreed terms, and signed by both parties
- BMade orally in front of two witnesses
- CApproved by a court and registered with HM Land Registry before it is made
- DMade only through an estate agent
3.Easy
The rule that consideration "must be sufficient but need not be adequate" means:
- AIt must have some value in law, but need not match the value of the promise
- BIt must always be paid in money
- CIt must be equal to the market value of the promise it is given in exchange for
- DIt must be paid before the contract is made
4.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 confirmed by post
- DWhen it is sent by the offeree
5.Medium
A seller of land never used for sheep says it could carry 2,000 sheep. Both know he has no experience of sheep farming on it. The statement is most likely:
- AAn honest opinion, not a misrepresentation
- BA condition of the contract
- CA statement of future intention
- DA fraudulent misrepresentation
6.Medium
Promissory estoppel can prevent a party from:
- AGoing back on a promise not to enforce strict legal rights, when the other relied on it
- BMaking any new promises
- CSuing for any breach at all, including breaches entirely unrelated to the promise that it made
- DEntering into future contracts
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 not binding, due to economic duress
- BThe carrier committed a crime of extortion
- CThe new agreement was binding as a free variation
- DThe new agreement was binding, as the carrier's continued performance was a practical benefit
8.Hard
Which statement about the parol evidence rule is correct?
- AOral contracts are always invalid
- BCourts must accept any later oral statement as overriding the express written terms of the contract
- CEvidence outside a written contract is generally not admitted to add to or vary its terms
- DWritten contracts can never be interpreted
Answer key
- 1. C · Intend to create legal relations
- 2. A · In writing, containing all agreed terms, and signed by both parties
- 3. A · It must have some value in law, but need not match the value of the promise
- 4. B · When it is received by the offeror
- 5. A · An honest opinion, not a misrepresentation
- 6. A · Going back on a promise not to enforce strict legal rights, when the other relied on it
- 7. A · The new agreement was not binding, due to economic duress
- 8. C · Evidence outside a written contract is generally not admitted to add to or vary its terms
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