1.Easy
A shop displays a jacket with a price tag in its window. In English law this is usually:
- AAn acceptance
- BA unilateral contract
- CA binding offer to sell at that price
- DAn invitation to treat
2.Easy
Anticipatory breach occurs when:
- AA party performs earlier than the agreed date
- BA party breaches a term that has not yet been agreed
- CA party shows, before performance is due, that it will not perform
- DAn expert predicts, before performance is due, that a party will probably breach
3.Easy
For commercial agreements, English courts presume that the parties:
- ADo not intend to create legal relations
- BIntend the agreement to be a gift
- CIntend only a moral obligation
- DIntend to create legal relations
4.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:
- AGrant an injunction stopping her acting for the rival
- BRefuse any remedy, as personal services are involved
- COrder her to pay the rival's profits to the court
- DOrder her to perform her contract with the studio
5.Medium
What is consideration in common law contracts?
- AThe intention to create legal relations shown by both parties
- BCareful thought before signing
- CThe written form of a contract
- DSomething of value given in exchange for a promise
6.Medium
A supplier receives a draft agreement, never signs or returns it, but both sides trade on its terms for years. A court is likely to find:
- AA void agreement for lack of certainty
- BNo contract, because nothing was signed
- CA contract accepted by conduct
- DA contract only for the first delivery
7.Hard
An act done before a promise was made can still be good consideration if:
- AThe later promise was made in writing
- BIt was valuable to the promisor when it was done
- CIt was requested, payment was understood, and the promise would otherwise be enforceable
- DThe act was done within one year before the promise and was of some value to the promisor
8.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 binding as a free variation
- BThe carrier committed a crime of extortion
- CThe new agreement was binding, as the carrier's continued performance was a practical benefit
- DThe new agreement was not binding, due to economic duress
Answer key
- 1. D · An invitation to treat
- 2. C · A party shows, before performance is due, that it will not perform
- 3. D · Intend to create legal relations
- 4. A · Grant an injunction stopping her acting for the rival
- 5. D · Something of value given in exchange for a promise
- 6. C · A contract accepted by conduct
- 7. C · It was requested, payment was understood, and the promise would otherwise be enforceable
- 8. D · The new agreement was not binding, due to economic duress
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