The owner of a Greek restaurant orders wall tiles that include a border design showing the Greek flag.
After the tiles have been fitted, the owner notices that the tiles are decorated with the flag of Uruguay.
The owner wants the tiles to be replaced.
In a claim for breach of contract which of the following measure of damages is the court most likely to
award?
A. Expectation.
B. Reliance.
C. Cost of cure.
D. Loss of amenity.
E. Mental distress. - Answer-C. Cost of cure
In March 2021, a claimant brought a claim against his plumber for a breach of contract alleged to have
taken place in June 2015. The plumber operated as a sole trader. In August 2021, the plumber died. The
plumber's assets are being dealt with by her personal representatives. In October 2021, the claimant
,applied to substitute the plumber's personal representatives for the deceased plumber in the claim, so
that the claim could continue.
What powers does the court have to make a substitution for the plumber as a deceased party in the
claim?
A. The court can order a new party to be substituted because the relevant limitation period was current
when the claimant applied for the substitution.
B. The court cannot order a new party to be substituted because the relevant limitation period has
expired.
C. The court can order a new party to be substituted because the relevant limitation period was current
when the proceed - Answer-C - The court can order a new party to be substituted because the relevant
limitation period was current when the proceedings were started
A man is given a bicycle as a gift. He later agrees to sell the bicycle for £25 to a woman but no payment
has yet been made. He subsequently discovers that the bicycle is worth £390. He informs the woman
that he no longer wishes to sell the bicycle because he was mistaken about its value.
What advice should the woman be given?
A. There is a contract because there is executed consideration.
B. There is a contract because sufficient consideration has been promised.
C. There is no contract because the consideration is insufficient.
D. There is no contract because adequate consideration has not been promised.
,E. There is no contract because the consideration promised is only executory. - Answer-B - There is a
contract because sufficient consideration has been promised.
Last month a cycling enthusiast incorporated an online bicycle accessories shop. He is the sole director
and he and a friend are the only shareholders. Prior to incorporation of the company, the enthusiast
negotiated a contract with a provider of cycling clothing.
The contract was signed, prior to the receipt of the certificate of incorporation, by the enthusiast in his
own name, on behalf of the company.
With whom, if anyone, does the benefit of the contract reside?
A. The company only.
B. The shareholders only.
C. The enthusiast only.
D. The enthusiast and the company jointly.
E. No one, the contract is void. - Answer-C - The enthusiast only.
A woman in the UK asserts that her rights under Article 8 of the European Convention on Human Rights
(ECHR) have been infringed by a public authority. Although she wishes to protest, she is unwilling to
bring court proceedings under the Human Rights Act 1998 (HRA) against the public authority, because of
the publicity she might receive, and because of the possible cost.
The woman's wealthy cousin is not affected by the alleged infringement, but says she would be willing
to bring proceedings on behalf of the woman.
Can the cousin bring legal proceedings as the woman's representative under the HRA?
A. Yes, because family representatives are specifically granted standing under the HRA.
, B. Yes, because the HRA provides that proceedings may be brought by a representative where
anonymity is a serious concern for the victim.
C. No, because only a victim of the infringement can bring an action and the cousin is not a vi - Answer-
C - No, because only a victim of the infringement can bring an action and the cousin is not a victim
A decision is made by the Court of Appeal (Civil Division) in favour of the claimant. The defendant wishes
to obtain permission to appeal.
Which of the following courts have the power to grant permission to appeal?
A. The Court of Appeal only.
B. The Supreme Court only.
C. The House of Lords only.
D. The Court of Appeal and the Supreme Court.
E. The Court of Appeal and the House of Lords. - Answer-D - The Court of Appeal and the Supreme Court
An architect received a leaflet from website designers advertising their website design packages. On the
back of the leaflet was a copy of the website designers' standard terms, which contained a limitation
clause. The architect wrote a letter to the website designers asking them to design his website and he
attached to his letter a copy of his own standard terms and conditions, which did not contain a limitation
clause. The architect received a quotation for £2,500 from the website designers. The architect signed
and returned a tear-off slip to the website designers which stated that he accepted the quotation on the
website designers' standard terms and conditions.
Which of the following statements best describes the legal position?
A. The terms on the leaflet constituted an offer which the architect accepted by asking for a quotation.
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