In what four circumstances is an offer terminated without the offeror having to withdraw it?

If the written contract contains a 'no oral variation' clause, in what circumstances can the contract be altered by oral statements?

When should the doctrine of contra proferentem apply?

Kefka hires Lenne as an employee to help manage her business. The employment contract includes a clause stating that any breach of contract claim against Kefka may not include a claim for an injunction. Is this clause subject to the requirement of reasonableness under the Unfair Contract Clause Act 1977?

When can a claimant obtain a consumer surplus award of damages?

What is the doctrine of contra proferentem?

Can the innocent party prove that a misrepresentation caused them to enter the contract if they used their own resources to verify whether the statement was true?

What two conditions must be met before a transaction is void for unilateral mistake?

What factors indicate that an oral statement is a term of the contract? (Three answers)

Darrel makes a contract with Pierre, agreeing that he will tend to Pierre's garden while Pierre is away. Instead of performing, Darrel goes on holiday. During this time, there is a freak storm which floods Pierre's garden and causes a lot of damage. Can Pierre obtain damages from Darrel for the damage to his garden?

When establishing the defence of undue influence, how does the claimant demonstrate 'Type 2A' presumed influence?

Clarence offers to sell Pam a table and chairs set for $300. He adds that if Pam does not respond to him within the week, he will assume that she has accepted. Pam does not respond within the week, nor does she positively indicate acceptance in any other way. Has Pam accepted the offer?

Which four factors indicate that a court should not imply a term in law?

What are the two requirements of the defence of misrepresentation?

A contract between a business and a consumer contains a contract term which the courts have judged to be unfair. Who can rely on the clause?

Which four factors indicate that an exclusion or limitation clause is reasonable under the Unfair Contract Terms Act 1977?

ABC Bank is advancing money to a debtor. An individual tells the bank that they wish to act as a guarantor or surety for that debt. The debtor has unduly influenced this individual. When is the bank taken to have constructive notice of the presence of undue influence in the transaction?

Arthur contracts for a private car from Celestine, stressing that he needs to arrive before three o'clock. He does not explain the reason why, which is that if he is late he will miss a meeting with an important client and lose a valuable deal. Celestine drives painfully slowly and does not get Arthur to his destination on time. Arthur loses the deal. Can Arthur recover damages for the lost contract?

Complete this sentence: The defence of misrepresentation renders the contract...

Promissory estoppel can be used to sue for damages or the recovery of payments where a party to a contract reneges on a promise not to enforce terms of the contract. True or false?

What four factors indicate that family members or friends intended to be legally bound by their agreements?

What kinds of clauses cannot be void for unfairness under the Consumer Rights Act 2015?

Katie and Andrew enter into a contract which states that Andrew will deliver Thompson apples to Katie. The parties are not aware that there are actually two kinds of Thompson apples - Virginia Thompson apples and Alabama Thompson apples. The two types of apple taste very different and have very different uses. Andrew intends to ship Virginia Thompson apples, while Katie is expecting to receive Alabama Thompson apples. Is the contract void for mutual mistake?

Which four factors indicate that an exclusion or limitation clause is not reasonable under the Unfair Contract Terms Act 1977?

Annabelle tells the swim team she is coaching that she will give £500 to the first member of the team that swims the English Channel. Ricardo, one of the team members, is not present. The next day he decides to swim the English Channel for fun, not knowing about Annabelle's offer. If he completes the challenge, is Annabelle bound to pay him the money?

Kayleigh offers to sell Tom a crate of tomatoes. She asks him to respond by letter with his signature if he accepts. Tom sends Kayleigh a letter accepting the tomatoes, but does not sign it. Is this a valid acceptance?

When are damages in deceit available for a misrepresentation?

Can undue influence be demonstrated in cases where the parties had no relationship prior to the transaction?

In what circumstances will the original parties no longer need to acquire the consent of the third party who has a right to sue under the Contract (Rights of Third Parties) Act 1999 to vary or terminate the contract?

If the innocent party terminates the contract in response to a breach, this renders the contract void. True or false?

The parties agree to a contract which makes provision for what will happen if a particular event happens. That event happens, and makes the contract impossible to perform. Does the defence of frustration apply?

What three elements must an innocent party show to establish the defence of economic duress?

Bob offers to sell a wedding dress to Arthur for $400. Arthur says he is willing to buy the dress for $400, but only if Bob also includes a veil. Has Arthur accepted Bob's offer?

When the courts imply a term in law, they are seeking to give effect to the parties' intentions. True or false?

The postal rule applies to any communications of assent to a contract by third parties under the Contract (Rights of Third Parties) Act 1999. True or false?

Which three factors indicate that a court should not imply a term in fact?

At common law, can a third-party who did not provide consideration for a contract rely on the terms of that contract?

Complete this sentence: The defence of duress to the person renders the contract...

Micah contracts with John for a package holiday. In breach of contract, John fails to make the appropriate reservations, leaving Micah stranded abroad without a hotel for several days. Micah suffers a severe stress reaction as a result. Can Micah recover damages for her emotional distress?

A person enters into a contract to sell a car, and later discovers the contract is voidable. However, before they can end the contract, they discover that the car has been sold to a third-party who was unaware of the defect in title. Can the contract be voided?

When establishing that the defendant's influence was undue for the purposes of the defence of undue influence, the claimant must show that the transaction was manifestly to their disadvantage. True or false?

For the purposes of demonstrating consideration under the rule in Williams v Roffey Bros, which of the following constitute a practical benefit?

When are damages considered inadequate for the purposes of obtaining specific performance as a remedy? (Two answers)

What two elements must the claimant show to obtain the cost of cure measure of damages?

Jubedul lets his office know that he is selling his pet cat Bianca for £50, and that if anyone would like to buy her they should let him know. Liz, his co-worker, sends him a letter containing £50, saying that she will buy Bianca. However, she puts the wrong address on the envelope and the letter never arrives. Has Liz accepted Jubedul's offer?

Where a third party has a claim under the Contract (Rights of Third Parties) Act 1999, can a party to the contract sue for damages incurred by the third party?

Celestine is an elderly woman whose eye-sight is failing. Her niece, Laura, persuades her to sign a document claiming that it will authorise Laura to remove £50 for Celestine's bank account to enable her to pay Celestine's bills. In reality, it is a contract transferring Celestine's house to Laura. Celestine did not bother to read it as she trusts Laura (who has helped her out with bills before) and her eyesight makes reading very difficult. Can Celestine rely on the defence of non es factum?

Maisy enters into a contract with a man falsely claiming to be her long-lost cousin, John, while they are catching up at a restaurant. Maisy later seeks to argue that she should not be bound by the contract, because she would not have entered into the contract had she known the man was not John. Is the man's identity a vital term of the contract?

Ishtar contracts with Kefka to manage his employees, who are all former convicts convicted of violent offences. The contract between the parties contains an exclusion clause which states that Ishtar is not liable for any personal injury which Kefka suffers as a result of the actions of his employees. Is this clause enforceable?

When are damages available for innocent misrepresentation?