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

In what two scenarios is a loss sufficiently non-remote to be recovered in an action for breach of contract?

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?

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?

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

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

For an exclusion or limitation clause to be incorporated into a contract by notice, the party relying on the term must have actually made the other party aware of it. True or false?

Laura contracts Stephen to arrange for someone to ghost-write her memoirs. For various reasons, it is not possible for Laura to obtain another person to do this. The relationship falls apart and Stephen refuses to perform. Writing the book in accordance with the contract would take time and require supervision. Can Laura obtain an order for specific performance?

What are the three requirements of frustration?

When interpreting an express term of the contract, what information may the court take into account?

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 the Contract (Rights of Third Parties) Act 1999, when is a contract term 'for the benefit' of a third party? (Two answers)

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?

Does promissory estoppel permanently extinguish the claimant's rights?

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?

If a third party has gained the right to rely on a contract's terms under the Contract (Rights of Third Parties) Act 1999, when do the original parties require their consent to vary or terminate the contract?

When are damages in deceit available for a misrepresentation?

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

What two matters must the defendant prove to establish promissory estoppel?

Which two of the following factors are relevant to whether a statement is an offer?

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

Sean offers to sell his collection of nerdy T-Shirts to Chris, for £40. Chris accepts, saying that his father will provide the money. Have Sean and Chris both provided consideration?

What two elements will the courts consider when determining whether an exclusion clause covers negligent breach in cases where the clause does not explicitly mention negligence?

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

Can silence be an actionable misrepresentation?

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

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

Can a person rely on any of the three categories of presumed influence when trying to establish undue influence to challenge the will of a deceased person?

David offers to sell Mary a house, representing that it has a conservatory. Mary relies on this representation when deciding to buy the house. Prior to the sale, there is a fire, and the conservatory burns down. David does not tell Mary. Can Mary rely on the defence of misrepresentation?

If the literal wording of an express term does not make commercial sense, the courts will intervene to make it more commercially efficient. True or false?

In what two scenarios are the courts likely to refuse to rescind a contract which has been rendered voidable by misrepresentation?

When should the doctrine of contra proferentem apply?

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

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, immediately calls his work phone and leaves a message on his answering machine saying she will buy the cat. Jubedul never listens to the message. An hour later, Micah tells Jubedul in person that she will buy the cat. Who has validly accepted Jubedul's offer to buy Bianca?

What is the purpose of general contract damages?

A claimant suing for breach of contract can claim both the market difference measure and the reliance loss measure at the same time. True or false?

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

Rod advertises on a website saying he is looking to pay someone to look after his hamster for the weekend. Rosie responds, agreeing. The two draw up a written agreement, which includes a clause saying that it is binding in honour only. Is this agreement a valid contract?

Maisy enters into a contract over the phone with a man falsely claiming to be her estranged cousin, John. 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?

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?

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?

In which of the three following circumstances would the defence of common mistake apply?

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?

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

Frederick is Manuel's employee. One day, Frederick is told by Manuel that he needs him to take on some work which goes beyond his employment duties. Frederick is reluctant, but Manuel tells him that if he does it, Manuel will pay Frederick double. Frederick accepts. Has Frederick provided consideration for the extra payment?

Complete this sentence: Damages are assessed according to the circumstances existing...

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?

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

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?

Phil makes a contract with Ingrid for his old shed to be torn down in exchange for £200. His next-door neighbour Andrew, who thinks the shed is an eye-sore, says he will pay Ingrid an extra £100 for taking down Phil's shed. Ingrid accepts and takes down the shed. Has Ingrid provided consideration for Andrew's promise?