1.Easy
Which English statute allows a third party to enforce a contract term in some cases?
- AUnfair Contract Terms Act 1977
- BContracts (Rights of Third Parties) Act 1999
- CLaw Reform (Frustrated Contracts) Act 1943
- DMisrepresentation Act 1967
2.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
3.Easy
Under the UK Consumer Rights Act 2015, goods supplied by a trader to a consumer must be:
- ASold below the recommended retail price
- BBrand new and in their original packaging
- CCovered by a five-year manufacturer guarantee against all defects
- DOf satisfactory quality, fit for purpose and as described
4.Medium
A doctor selling his practice truthfully states its income, but the income falls sharply before the contract is signed and he says nothing. This is:
- AA mere opinion about future income
- BA misrepresentation, because he should have corrected the statement
- CNot a misrepresentation, because the statement was true when it was made
- DA breach of an implied condition of quality
5.Medium
Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:
- AOnly if signed by a company director
- BAlways, because businesses can bargain freely
- CNever, in any circumstances
- DOnly if it satisfies the requirement of reasonableness
6.Medium
A hotel guest sees an exclusion notice in her room only after booking and paying at reception. Under Olley v Marlborough Court Hotel, the notice is:
- APart of the contract, because she stayed in the room
- BNot part of the contract, because it came after formation
- CPart of the contract, because hotels may exclude liability
- DBinding from the second night onwards
7.Hard
A van is bought "on hire-purchase terms" with no further detail, and such terms varied widely in practice. In Scammell v Ouston, the House of Lords held:
- AThere was a contract on the standard hire-purchase terms of the market
- BThere was a contract at a reasonable price
- CThe seller's usual terms applied
- DThere was no contract, because the terms were too vague
8.Hard
A council writes that it "may be prepared to sell" a house to a tenant and invites a formal application. The tenant applies, then the council changes its policy. In Gibson v Manchester City Council, the House of Lords held:
- AA contract was formed when the council's letter was sent to the tenant
- BThere was no contract, because the letter was not an offer
- CA contract was formed when the tenant applied
- DThe council was bound by estoppel to sell
Answer key
- 1. B · Contracts (Rights of Third Parties) Act 1999
- 2. C · Not intended to be legally binding
- 3. D · Of satisfactory quality, fit for purpose and as described
- 4. B · A misrepresentation, because he should have corrected the statement
- 5. D · Only if it satisfies the requirement of reasonableness
- 6. B · Not part of the contract, because it came after formation
- 7. D · There was no contract, because the terms were too vague
- 8. B · There was no contract, because the letter was not an offer
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