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6. Which of the following statements is most accurate?

  • A specialty (deed) needs to be supported by at least a nominal consideration
  • A simple contract is usually unenforceable unless it is supported by sufficient consideration
  • A simple contract is usually unenforceable unless it is supported by adequate consideration
  • A contract is unenforceable unless it is supported by sufficient consideration

7. In what case was it held that past consideration might be good consideration where the act in question was performed at the request of the other party, with the implication that it would be paid for, and that this was true in the instant case?

  • Stilk v Myrick
  • Rogers v Parish
  • Lampleigh v Braithwait
  • Re McArdle

8. Which one of the following cases is authority for the existence of innominate terms?

  • Hamlyn & Co v Wood & Co.
  • Wettern Electric Ltd v Welsh Development Agency
  • Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (The Hong Kong Fir)
  • Star Shipping AS v China National Foreign Trade Transportation Corp (The Star Texas)

9. In the case of Irwin v Liverpool City Council the House of Lords implied a term respecting maintenance of common areas and means of access. By what means was the term to be implied?

  • A term implied from at common law
  • A term implied from custom
  • A term implied in fact
  • A term implied from course of dealing

10. Which of the following statements can be made from a reading of the case of Philips v Brooks Ltd?

  • None of the above, the case concerned a mistake as to the existence of the goods to be sold (res extincta)
  • A mistaken belief about the identity of the other party may not render the contract void where the apparent identity was not essential to the intention to contract
  • A mistake by one party as to the identity of the other party will always render the contract void for mistake, even where identity was not essential to the intention to contract
  • A mistake as to the existence of a particular quality or attribute of the other contracting party at the time the contract was made will render the contract void for mistake

11. Which of the following propositions is NOT true of the law on frustration of contracts?

  • A contract becomes frustrated if the subject matter of the contract is destroyed, through no fault of either party, after the contract is made
  • A contract is frustrated if, after the contract is made, circumstances so change that it becomes grossly uncommercial for either party, so that such a party would not have contemplated entering into the contract
  • A contract is frustrated if changes in circumstances make it fundamentally and essentially different from what was contemplated by the parties at the time the contract was made
  • A contract is frustrated if the agreed mode of performance becomes illegal after the contract is made but before the time performance was due to take place

12. The case of Re Selectmove can be used as authority for which one of the following propositions?

  • The proposition of Williams v. Roffey is not applicable to agreements to accept reduced payment of a debt
  • The proposition of Williams v. Roffey is confined to the construction industry because it is founded on customary expectations in that industry
  • The proposition of Williams v. Roffey applies to cases of debt
  • The proposition of Williams v. Roffey only applies where there is a deed of variation

13. Bowen LJ in The Moorcock held that a term can be implied into a particular contract if:

  • It is the fairest term to imply in all the circumstances
  • It would be consistent with best practice in the industry concerned
  • It is the least term that can be implied if the contract is to be given business efficacy
  • It is the most reasonable term that can be implied to fill a gap in the contract, based on normal commercial practice

14. Which of the following statements is most accurate concerning the law of remedies for breach of contract?

  • The normal remedies for breach of contract are damages, injunction and specific performance and it is for the claimant to elect which one he gets if successful
  • None of the above is really a fair statement.
  • Damages are automatically awarded to a successful claimant, even if he has not suffered a measurable loss, though damages might be only nominal
  • Damages are the only remedy to which a successful claimant is automatically entitled, but are only awarded if he has suffered a measurable loss

15. Which of the following groups correctly links the case cited with the type of mistake involved?

  • Ingram v Little (mistake as to identity); Bell v Lever Brothers (mistake as to quality); Centrovincial Estates plc v Merchant Investors Assurance Co Ltd (unilateral mistake)
  • Raffles v Wichelhaus (mistake as to identity); Leaf v International Galleries (mistake as to quality); Ingram v Little (res extincta)
  • Raffles v Wichelhaus (mutual mistake); Harlingdon & Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd (res extincta); Bell v Lever Brothers (mistake as to quality)
  • Bell v Lever Brothers (mistake as to identity); Hartog v Colin & Shields (common mistake); Harlingdon & Leinster Enterprises Ltd v Christopher Hull Fine Art Ltd (res extincta)

16. Which of the following describes the test for granting interlocutory (ie, pre-trial) injunctions laid down in American Cyanamid v Ethicon Ltd?

  • The balance of justice
  • The balance of convencience
  • The balance of evidence
  • The balance of probabilities

17. 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

18. Which of the following best describes the decision of the Court of Appeal in Collier v P & MJ Wright (Holdings) Ltd?

  • The principle that promissory estoppel is ‘a shield and not a sword’ is no longer applicable
  • The rule in Foakes v Beer is abolished
  • The principle of promissory estoppel can apply to debts as well as to other obligations
  • The rule in Pinnel’s Case is abolished

19. 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 Halsbury
  • Lord Morton
  • Lord Dunedin
  • Lord Atkin

20. The test for reasonableness in the Unfair Contract Terms Act 1977 is found in:

  • Schedule 1
  • Section 2(2)
  • Section 11
  • Section 10