contract law

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1. Choose the most appropriate option to complete the following statement: “In Pharmaceutical Society of GB v. Boots Cash Chemists (Southern) Ltd it was decided that”:

  • A display of goods on the shelf in a self-service shop amounts to an offer by the shopkeeper to sell them
  • A display of goods on the shelf in a self-service shop only amounts to an invitation to treat
  • Advertisements in newspapers are usually offers unless they carry words to the effect of “while stocks last” or “we reserve the right to refuse service” or “limited availability”
  • Advertisements in newspapers are always invitations to treat
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Other questions in this quiz

2. Which of the following is true of the provisions of the Unfair Contract Terms Act 1977?

  • The Act only applies to contracts between a business party on one hand and a consumer party on the other
  • The Act prohibits a party from excluding or restricting liability for death or personal injury
  • The Act prohibits a party from excluding or restricting liability for death or personal injury, if that death or personal injury results from the negligence of the party seeking to exclude or restrict liability
  • The Act requires all contract terms to comply with an objective standard of reasonable fairness

3. Which of the following most accurately enumerates the requirements for an actionable misrepresentation?

  • An incorrect statement of fact, made fraudulently or negligently, which reasonably induced the innocent party to enter into the contract to his detriment
  • An incorrect statement of fact or opinion, made fraudulently or negligently, which reasonably induced the innocent party to enter into the contract to his detriment
  • An incorrect statement of present fact, which reasonably induced the innocent party to enter into the contract resulting in a loss to him
  • An incorrect statement of fact or opinion which induced the innocent party to enter into the contract to his detriment

4. Which of the following best describes the decision in Esso Petroleum Co Ltd v Mardon?

  • That Esso’s representative’s statement as to likely throughput was a matter of opinion and not actionable in misrepresentation
  • That Esso’s representative’s statement as to likely throughput was an expression of opinion but still actionable because it implied the existence of certain facts which were untrue
  • That Esso’s statement of its intentions regarding the layout and visibility of the petrol station were merely statements of future intention and could not be the basis for an action for misrepresentation
  • That Esso’s statement of its intentions regarding the layout and visibility of the petrol station were statements of present fact which were untrue at the time of making and therefore amounted to an actionable misrepresentation

5. Which of the following judges laid down, in Dunlop Pneumatic Tyre Co v New Garage & Motor Co, a set of guidelines for determining the difference between penalty clauses and liquidated damages clauses?

  • Lord Morton
  • Lord Dunedin
  • Lord Halsbury
  • Lord Atkin

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