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Poole, Devenney and Shaw-Mellors: Contract Law Concentrate 3e

Diagnostic test - where do I need to concentrate?

Instructions

Answer the following questions and then press 'Submit' to get your score.

Question 1

Chapter 1. According to the Court of Appeal in Pharmaceutical Society of GB v Boots [1953] 1 QB 401, which one of the following statements most accurately describes the normal process of contract formation in a self-service shop?

Question 2

Chapter 1. A Ltd sends a brochure to B, which prices a certain type of mountain bike at £250. B replies: 'I am prepared to pay £240 in cash for the mountain bike.' Which one of the following statements is true?

Question 3

Chapter 2. Where an inessential term of the contract suffers from vagueness, it may be possible to sever that term and enforce the rest of the contract.

Question 4

Chapter 2. A, presenting himself as a well-known figure, C, reaches a contract with B over the phone. B believes that he is contracting with C. When B later discovers the fraud, he claims that the contract is void for his mistake as to the other party's identity but he is unsure which legal authority he should cite. Which one of the following pieces of advice given to B is true?

Question 5

Chapter 3. A employs B as a consultant in his firm. B is paid £15,000 plus a 'discretionary bonus'. Over the past year, A's firm has doubled its profits and therefore A decides to pay B an additional £8,000 for 'all of your help and hard work throughout the past year'. B is delighted and buys a new car in anticipation of the extra money being given to him. Subsequently, A changes his mind and refuses to pay B the extra £8,000. Which one of the following statements most accurately summarises the legal position?

Question 6

Chapter 3. In which one of the following situations is the promise in question unlikely to be supported by a valid consideration?

Question 7

Chapter 4. In to order successfully enforce a contract according to the Contracts (Rights of Third Parties) Act 1999, a third party must show that it has provided consideration under the contract.

Question 8

Chapter 4. The general rule is that the promisee is not entitled to substantial damages if it suffers no loss from the breach, but this general rule is subject to exceptions. In which of the following circumstances is the promisee (B) unlikely to recover substantial damages on behalf of a third party (C) from the promisor (A)? [Please select all that apply.]

Question 9

Chapter 5. On 1 June, A contracts to sell a quantity of goods to B to be delivered by 1 July. On 15 June, as A is still making arrangements for the shipment of the goods, he receives a fax message from B stating that the goods are no longer wanted. Which one of the following statements concerning A's rights is true?

Question 10

Chapter 5. A Ltd enters a contract with B Ltd, under which B Ltd is to develop a software product specifically tailored for A Ltd for a fixed price. Before B Ltd starts the development or incurs any expense under the contract, A Ltd cancels the contract, alleging a fundamental change of its business strategy. B Ltd ignores A Ltd's cancellation and continues to complete the development of the software. Supposing the performance of the contract will not enhance B Ltd's reputation, which of the following statements most accurately summarise the legal position between the parties? [Please select all that apply.]

Question 11

Chapter 6. The party seeking to challenge the effectiveness of an exemption clause has the burden of establishing that the clause has not been incorporated into the contract and does not cover the other (breaching) party's liability in issue.

Question 12

Chapter 6. A was travelling abroad for business purposes and hired a car from B company. The contract of hire exempted B from liability for 'any losses or damage suffered by the hirers, whether caused by our company's neglect or fault or not'. At the time of contracting, A made it clear that he wanted to leave his personal belongings in the car from time to time and B expressed no objection. When A parked the car outside a cinema, his personal belongings left in the car were stolen. It was discovered that this was solely attributed to the negligence of one of B's staff, who failed to repair the defective back door of the car. One of the legal questions arising from this case was whether the exemption clause covered B's negligence liability for the lost property. Which one of the following statements is probably true in respect of this legal question?

Question 13

Chapter 7. The purpose of awarding contractual damages is generally to put the non-breaching party into the position it would have been in had the contract been performed as agreed.

Question 14

Chapter 7. A agrees to repair B's broken mill shaft and to return it to B within a week. At the time of contracting, B points out that he has no spare mill shaft and that he will not be able to operate his mill until the repaired one has been returned. A does not return the repaired shaft until two weeks later. B sues A for breach of contract, claiming damages for the loss of profit during the second week, when his mill was closed as a result of A's delay. A argues that the damages claimed by B are too remote to be recoverable. Which one of the following statements concerning A's argument is true?

Question 15

Chapter 8. A enters into two similar contracts with C and D to import certain machinery. The importation of the machinery requires a licence from the government of A's country. In the contract with C, A guarantees to obtain a licence, whilst no such guarantee is given in the contract with D. A applies for two licences for the importation of the machinery but only one licence is granted. A allocates the licence to the contract with C and claims that the contract with D is frustrated. Which one of the following statements most accurately summarises the legal position between A and D?

Question 16

Chapter 8. Which of the following statements concerning the relationship between the doctrine of common mistake and the doctrine of frustration are true? [Please select all that apply.]

Question 17

Chapter 9. Which of the following principles were recognised and applied by the Court of Appeal in Edgington v Fitzmaurice (1885) 24 ChD 459? [Please select all that apply.]

Question 18

Chapter 9. Which one of the following statements in relation to the three types of misrepresentation is true?

Question 19

Chapter 10. Which one of the following statements in relation to 'actual undue influence' is true?

Question 20

Chapter 10. In a case of evidential undue influence, the defendant may avoid a finding that the influence is undue by showing that there is no intention to commit a wrong or bad faith on its part.