Under the Consumer Rights Act 2015, when is a clause 'in good faith'?

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

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?

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

Laura contracts Stephen to personally ghost-write her memoirs. Since Stephen knows her best, it is not possible for Laura to obtain another person to write the book. The relationship falls apart and Stephen refuses to write the book. Can Laura obtain an order for specific performance?

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

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?

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

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

What is the purpose of general contract damages?

Julie is applying for an overdraft on a joint account controlled by herself and her husband Johan at ABC Bank. Her husband Johan offers to act as surety. The bank is unaware of the fact that Johan has been unduly influenced by Julie, but knows that the two are married. The overdraft is granted. Does the bank have constructive notice of the undue influence?

Bob offers to sell Arthur a wedding dress for $400. Arthur responds by asking if the veil is included for that price. What is the legal nature of Arthur's response?

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?

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?

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

Fatima is looking to sell an antique doll, which is worth £3000. Paul offers to buy it for £5. Fatima accepts, as she is in a hurry to get rid of the doll as it spooks her. Have both parties provided consideration?

Dennis owes Maureen £1000, and is obligated to pay by the 1st of June. He asks her if she will discharge the debt for £600, if he pays by the 1st of May. Maureen agrees. Has Dennis provided consideration for Maureen's promise to discharge the debt?

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?

Under the Contract (Rights of Third Parties) Act 1999, in what two scenarios can a third-party to a contract enforce the terms of that contract?

John is a Government official who is under a duty to give a license to anyone who fills out the proper application form. Paul fills in the form and offers to give John £300 if he gets a license. John agrees. Have both parties provided consideration?

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?

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

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?

When are damages in deceit available for a misrepresentation?

When is an existing contract discharged? (Three answers)

When establishing the defence of undue influence, how does the claimant demonstrate actual influence?

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?

Erica is a software programmer who was contracted to develop systems for Herbert's business. She begins to have money troubles, and asks Herbert for the extra £100 she needs to complete the project on time. Herbert accepts, because if delivery is late he will be liable to pay damages to a third-party. Has Erica provided consideration for the extra money?

Julie offers to pay Ophelia a £1000 allowance in exchange for her continued affection. Ophelia agrees. Have both parties 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?

Dennis owes Maureen £1000. He asks her if she will discharge the debt if he pays her £500. Maureen agrees, because she needs the money to avoid being liable to a third-party and therefore thinks the arrangement is practically beneficial. Has Dennis provided consideration for Maureen's promise to accept the lesser amount?

Alice contracts Bill to install new fans in her restaurant. Bill completes the work defectively, causing a fan to fall on Alice's head. She suffers a brain injury and develops depression as a result. Can Alice recover damages for her mental illness and emotional distress?

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?

Which four of the following scenarios normally involve an invitation to treat and not an offer?

The parties have reached an agreement, but have not agreed on an important term such as the price. Is the contract void for uncertainty?

Jules breaches a condition clause of his contract with Amy. Amy sees that she cannot sue Jules for damages, because there is an exclusion clause in the contract preventing her from doing so. She therefore terminates the contract, relying on the fundamental breach. She argues that since the contract is terminated, the exclusion clause is no longer applicable and she can now sue for damages. Is Amy correct?

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

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?

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?

What is the default measure of damages in contract?

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

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

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?

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

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

When is the hypothetical fee measure of damages available in 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?

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

In which three scenarios must an exclusion or limitation clause satisfy the requirement of reasonableness under the Unfair Contract Terms Act 1977 before it can be enforced?

In promissory estoppel, what three factors are relevant when determining whether it would be inequitable to renege on a promise?