1.Easy
The duty to mitigate loss means that a claimant:
- ACannot recover for losses they could reasonably have avoided
- BMust accept any offer made by the party in breach
- CMust sue within one month of the breach
- DMust prove the breach was deliberate
2.Easy
A claim on a "quantum meruit" is a claim for:
- AThe return of land transferred under the contract
- BA reasonable sum for work done or services provided
- CAn order stopping the other party from acting
- DPunitive damages for deliberate breach
3.Easy
A "voidable" contract is one that:
- ANever had any legal effect at all
- BIs valid until the affected party chooses to set it aside
- CIs a criminal agreement and illegal
- DCan only be ended by both parties agreeing together to cancel it
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:
- AAll lost profits, including those from the especially lucrative dyeing contracts
- BOnly the price it paid for the boiler
- CNothing, because all lost profits are too remote
- DOrdinary lost profits, but not the profits from the special 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:
- AMere silence, which is never actionable
- BA mere puff with no legal effect
- CA statement of opinion only
- DA misrepresentation by half-truth
6.Medium
An actress agrees to act only for one studio and not for any other during the contract. She leaves to act for a rival. The court is most likely to:
- AOrder her to pay the rival's profits to the court
- BRefuse any remedy, as personal services are involved
- CGrant an injunction stopping her acting for the rival
- DOrder her to perform her contract with the studio
7.Hard
A husband who has left his wife signs a note promising to transfer the house to her if she pays off the mortgage. She does. In Merritt v Merritt, the promise was:
- AEnforceable only because it was made by deed
- BUnenforceable, because it was a domestic arrangement between husband and wife
- CUnenforceable, because she gave no consideration
- DEnforceable, because separated spouses are presumed to intend legal relations
8.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 not recover, because no claim can be founded on an illegal agreement
- BA could recover only half the money
- CA could recover the money, applying a policy-based approach to illegality
- DThe money passed to the state as illegal proceeds
Answer key
- 1. A · Cannot recover for losses they could reasonably have avoided
- 2. B · A reasonable sum for work done or services provided
- 3. B · Is valid until the affected party chooses to set it aside
- 4. D · Ordinary lost profits, but not the profits from the special contracts
- 5. D · A misrepresentation by half-truth
- 6. C · Grant an injunction stopping her acting for the rival
- 7. D · Enforceable, because separated spouses are presumed to intend legal relations
- 8. C · A could recover the money, applying a policy-based approach to illegality
Full step-by-step solutions: practise this topic on examproblems.com.