1.Easy
Which equitable remedy corrects a written contract so it records what the parties actually agreed?
- ASpecific performance
- BQuantum meruit
- CRescission
- DRectification
2.Easy
A counter-offer has which effect on the original offer?
- AIt rejects and ends the original offer
- BIt has no effect at all
- CIt makes the original offer irrevocable
- DIt accepts the original offer
3.Easy
In contract law, the "offeree" is:
- AThe lawyer who drafts the offer
- BThe person who makes the offer
- CThe person to whom an offer is made
- DA third party who benefits from the contract
4.Medium
An unusual and onerous term in standard conditions will only be incorporated if:
- AIt is printed anywhere in the contract documents, however small the type
- BIt appears on the back of a receipt
- CIt was fairly and reasonably brought to the other party's attention
- DThe other party could have found it online
5.Medium
A builder's job takes much longer and costs much more than planned because of labour shortages. Under Davis Contractors v Fareham UDC, the contract is:
- AFrustrated, because the costs rose unexpectedly and substantially
- BNot frustrated, because it has only become more onerous
- CAutomatically varied to a reasonable price
- DVoid, because the price was wrongly estimated
6.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 it is sent by the offeree
- BWhen it is confirmed by post
- CWhen it is received by the offeror
- DWhen the offeror reads it a week later
7.Hard
In English law, a presumption of undue influence typically arises when:
- AAny customer signs a contract with a bank
- BThe price agreed is substantially lower than the market price, whatever the relationship of the parties
- CAny contract is made between members of a family
- DThere is a relationship of trust and confidence and a transaction that calls for explanation
8.Hard
A former spy publishes his memoirs in breach of his undertaking not to disclose official information. In AG v Blake, the House of Lords:
- AAwarded only nominal damages
- BAwarded punitive damages to the Crown
- COrdered him to account for his profits, in an exceptional case
- DHeld that no remedy was available
Answer key
- 1. D · Rectification
- 2. A · It rejects and ends the original offer
- 3. C · The person to whom an offer is made
- 4. C · It was fairly and reasonably brought to the other party's attention
- 5. B · Not frustrated, because it has only become more onerous
- 6. C · When it is received by the offeror
- 7. D · There is a relationship of trust and confidence and a transaction that calls for explanation
- 8. C · Ordered him to account for his profits, in an exceptional case
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