Exam (elaborations)
CONTRACT FLK SQE1 QUESTIONS WITH CORRECT ANSWERS 100% VERIFIED!!
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CONTRACT FLK SQE1 QUESTIONS WITH CORRECT ANSWERS 100% VERIFIED!!
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Name: Score:205 Multiple choice questions
Term 1 of 205
What are the ways an offer can be terminated through lapse of time?
= if there is any doubt as to the meaning and scope of the exemption clause, the ambiguity
will be resolved against the party (the 'proferens') seeking to rely upon it
1. cost of cure,
2. diminution in value,
3. loss of amenity.
= the party who allegedly made the representation
1. Passage of time
2. Death of one of the parties
Term 2 of 205
How can parties to a written contract reduce the possibility of a claim that there are binding oral
terms alongside the written terms?
The parties can verbally agree to modify the written terms of the contract
The parties can involve more witnesses to the oral terms of the contract
The parties can sign the contract without reading it thoroughly
The parties can include an 'entire agreement' clause in their written contract
,Term 3 of 205
What are the mechanisms for calculating the expectation interest?
- in a conversation or verbal exchange
- set out in writing (e.g. an email and agreement in reply by email)
a. Performance is impossible;
b. Performance is illegal;
c. The parties' common purpose is frustrated.
1. the right to repair or replacement
2. the right to price reduction
1. cost of cure,
2. diminution in value,
3. loss of amenity.
Definition 4 of 205
When the offeror withdraws his offer
anytime before acceptance
Payne v Cave (1789)
How is the claimant's inducement established in mispresentation?
Are drunk people bound by contracts (not for necessaries)
What is revocation?
Can strict liability for death or personal injury resulting from negligence by excluded?
,Definition 5 of 205
The loss of amenity measure developed in Ruxley is a reflection of the court's growing willingness
to accept that a consumer should have an available remedy where their loss is not economic in
value, but nevertheless has a value to them.
What is the 'loss of amenity' mechanism when calculating expectation interest?
What rule did Foakes v Beer (1884) establish? (part payment)
What is revocation?
What are the three types of duress?
Term 6 of 205
Who can accept an offer?
Acceptance can be made by anyone in the same industry.
Any person who is aware of the offer can accept it.
The person who made the offer can accept it.
Only the person/people to whom an offer is made (the offerees) can accept the offer.
, Term 7 of 205
What are the 2 ways a term may be implied in a contract?
Implied by fact or law
YES
Hartley v Ponsonby (1857)
Invitations to treat
statements inviting further negotiations
Partridge v Crittenden [1968]
= yes
the court is less likely to read a clause contra-proferentum in a contract between
commercial parties of equal bargaining power and more likely between a business and
consumer
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