Contract Law Revision

CONTRACT LAW

Shaking hands, agreement in contract law

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Contract Law Quiz

Test yourself on the principles of contract law.

This quiz selects 50 random questions from the Ipsa Loquitur Contract Law question bank, so the quiz will be different each time you take it. To take all the questions on a particular subject, visit that subject's revision page.

 

1 / 50

Joanie has established a presumption that her lawyer, Richard, influenced her when she sold her house to him. To establish undue influence, what does she need to do to show that the influence was undue?

2 / 50

Pierre agrees to buy a priceless painting from Sophie to display in his house, for several million pounds. He does not intend to pay. Sophie is now saying that she will refuse to hand over the painting. Can Pierre obtain an order for specific performance?

 

3 / 50

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

4 / 50

What are the elements for determining whether a mandatory injunction should be granted? (Four answers)

5 / 50

Sophie hires Anne to install a storm drainage system in her garden. Anne's work is defective, meaning that it does not drain water properly. That summer, an unexpected storm hits and causes considerable water damage to Sophie's garden. The storm was not forecast, and is described in the media as a 'freak' occurrence. Anne argues that the storm was an unforeseeable act of nature, meaning that her breach did not cause Sophie's loss. Is Anne correct?

6 / 50

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?

 

7 / 50

The defence of frustration renders a contract void. True or false?

 

8 / 50

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?

 

9 / 50

Kayleigh offers to sell Tom a crate of tomatoes. She asks him to respond by telephone if he accepts. Tom sends Kayleigh a letter accepting the tomatoes. Is this a valid acceptance?

 

10 / 50

When can an offer be revoked?

11 / 50

A court judges that only some aspects of an exclusion clause are unreasonable under the Unfair Contract Terms Act 1977. Is it possible to sever those elements so that the rest of the clause remains valid?

12 / 50

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?

13 / 50

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

14 / 50

Dennis owes Maureen £1000. He asks her if she will discharge the debt if he gives her his car, which is worth £800. Maureen agrees because she loves the car. Has Dennis provided consideration for Maureen's promise to discharge the debt?

15 / 50

If a contract is voidable, can either party rely on its terms?

16 / 50

For the purposes of the defence of unilateral mistake, when can a term as to the quality of the goods be considered 'vital'?

17 / 50

How can an offeror validly withdraw their offer?

18 / 50

For the purposes of unilateral mistake, when is a term 'vital' to the contract?

19 / 50

What is the doctrine of contra proferentem?

20 / 50

For the purposes of the defence of duress, what factors are relevant to whether the innocent party has a practical choice? (Three answers)

21 / 50

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?

 

22 / 50

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

23 / 50

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 destroyed. Can the contract be voided?

 

24 / 50

When is an existing contract discharged? (Three answers)

25 / 50

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?

26 / 50

When is the hypothetical fee measure of damages available in contract?

27 / 50

Joanie has established that a neighbour of hers, Richard, pressured her into selling her house to him. To establish undue influence, what does she need to do to show that the influence was undue?

28 / 50

The parties in a case reached an agreement for the claimant to do some work, but that agreement was stated to be subject to contract. Despite a written contract never being signed, the parties have begun performing as if there were a contract. Do the terms of the 'subject to contract' agreement apply?

29 / 50

When are damages available for innocent misrepresentation?

30 / 50

Stephen asks Jameel to help him find a venue for his up-coming book signing. Jameel finds the perfect place, and out of gratitude Stephen offers to give him £100 as a reward. He later changes his mind. Is Stephen bound to pay the money?

 

31 / 50

Can the innocent party prove that a misrepresentation caused them to enter the contract if they had the opportunity to verify the statement, but did not?

 

32 / 50

Xavier is a busy taxi driver who purchases a new car from Dodgy Dealers Inc. He signs their standard term car-purchase contract without reading it, not realising that it contains an onerous clause requiring him to pay a penalty fee if he gets the car serviced by anyone else within the first year. Can Xavier rely on the defence of non es factum to get out of the contract?

 

33 / 50

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

34 / 50

Marty purchases a package holiday from his friend Emmett. Emmett states that the contract will be agreed on his standard terms, and hands Marty a copy of these terms for him to read. On the front page, in large font and bold red letters, is an exclusion clause. Marty pretends to read it, but because he is illiterate, he does not understand any of it. Emmett does not know Marty is illiterate. Marty agrees to contract on the those terms. Has Emmett taken reasonable steps to give notice to Marty?

 

35 / 50

What is the default measure of damages in contract?

36 / 50

The defence of frustration renders a contract voidable. True or false?

 

37 / 50

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?

38 / 50

Complete this sentence: The defence of undue influence renders the contract...

39 / 50

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

40 / 50

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?

 

41 / 50

Alfred contracts with Zin to help deal with the communications side of his business. The contract between them states that Zin is not liable for damages resulting from her handling of messages 'howsoever caused'. Will the courts interpret this wording as wide enough to potentially cover negligence?

 

42 / 50

When is specific performance available as a remedy to a breach of contract?

43 / 50

Specific proof is required to demonstrate intention to be legally bound where the parties have a business or commercial relationship. True or false?

 

44 / 50

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

45 / 50

Marcus has shown that he reposed a large amount of trust in his partner, Adrian, when it comes to financial affairs. He also shows that his decision to transfer his inheritance to Adrian is a transaction which calls for explanation. To avoid the transfer being affected by the defence of undue influence, what must Adrian do to show that the influence was not undue?

46 / 50

In which three scenarios can an exclusion or limitation clause be incorporated into a contract at common law?

47 / 50

Stephen is struggling to find a venue for his up-coming book signing. Jameel decides to help him on his own initiative. Jameel finds the perfect place, and out of gratitude Stephen offers to give him £100 as a reward. He later changes his mind. Is Stephen bound to pay the money?

 

48 / 50

The parties agree to a contract which stipulates that the defendant will not be paid until he performs his obligations in their entirety. Can this defendant be paid even though there is a breach of contract?

49 / 50

Does the claimant need to establish that but for the threat, they would not have entered into the contract if they are trying to prove duress to the person?

 

50 / 50

What must a third-party bank do to rid themselves of constructive notice of undue influence?

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