1.Easy
The rule that "consideration must move from the promisee" means:
- AThe consideration must be handed to a court
- BThe promisee must always pay in cash
- CA person can enforce a promise only if they gave consideration for it
- DThe promisor must provide all the consideration for the promise it makes
2.Easy
Under the UK Consumer Rights Act 2015, goods supplied by a trader to a consumer must be:
- ASold below the recommended retail price
- BCovered by a five-year manufacturer guarantee against all defects
- CBrand new and in their original packaging
- DOf satisfactory quality, fit for purpose and as described
3.Easy
In English law, agreements between spouses living together in harmony are presumed to be:
- ABinding only if witnessed
- BBinding only for one year
- CAlways legally binding
- DNot intended to be legally binding
4.Medium
At an auction in England, the contract of sale is completed when:
- AThe bidder makes the highest bid
- BThe buyer collects the goods
- CThe auctioneer puts the item up for sale
- DThe auctioneer brings down the hammer
5.Medium
A court will imply a term in fact into a commercial contract only if:
- AIt would benefit the weaker party
- BIt is necessary for business efficacy or so obvious it goes without saying
- CIt would be reasonable and fair to both parties, even if it is not necessary
- DIt is usual in contracts in other industries
6.Medium
Under section 2(1) of the Misrepresentation Act 1967, a person who made a false statement inducing a contract is liable in damages unless:
- AThe contract was made between two businesses
- BThey prove they had reasonable grounds to believe, and did believe, it was true
- CThe claimant proves that the statement was made fraudulently and not merely carelessly
- DThe statement was made orally and not in writing
7.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
- BVoidable for fraud, so the innocent buyer got good title
- CVoid for mistake, so the innocent buyer got no title
- DValid, and the seller could only sue the rogue in tort
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:
- AA criminal offence
- BEnforceable, because the practical benefit can be consideration if there is no duress
- CEnforceable only if made in writing
- DUnenforceable, because performing an existing contractual duty can never be good consideration
Answer key
- 1. C · A person can enforce a promise only if they gave consideration for it
- 2. D · Of satisfactory quality, fit for purpose and as described
- 3. D · Not intended to be legally binding
- 4. D · The auctioneer brings down the hammer
- 5. B · It is necessary for business efficacy or so obvious it goes without saying
- 6. B · They prove they had reasonable grounds to believe, and did believe, it was true
- 7. B · Voidable for fraud, so the innocent buyer got good title
- 8. B · Enforceable, because the practical benefit can be consideration if there is no duress
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