1).To what is the injured party to a contract entitled in the event of breach of:
(a) A condition by the other party
(b) A warranty by the other party
2). Why is it important to distinguish between terms and representations?
• A term may be implied into a contract by
•(ii) Trade practice unless an express term overrides it
•(iii) The court, to provide for events not contemplated by the parties
•(iv) The court, to give effect to a term which the parties had agreed upon but failed to express because it was obvious
•(v) The court, to override an express term which is contrary to normal custom
•A (ii) and (iii) only
•B (i), (ii) and (iv) only
•C (i), (iv) and (v) only
•D (i), (ii), (iv) and (v) only
3) Fill in the blanks in the statements below, using the words in the box.
(1) ……………….. is a vital term, going to the root of the contract, breach of which entitles the injured party to treat the contract as (2) ……………….. and claim (3) ……………….. .A (4) ……………….. is a term (5) ……………….. to the main purpose of the contract.
The consequence of a term being classified as innominate is that the court must decide what is the actual effect of its (6) …………….. .
•• breach • condition • subsidiary • warranty • damages • discharged
4) Give an example of a statute which identifies implied terms specifically as conditions or warranties.
5) Terms implied by custom cannot be overridden
6) Fill in the blanks in the statement below, using the words in the box.
A contract is a consumer contract if the buyer neither makes the contract in course of (1) ……………….. nor holds himself out as doing so.
The other (2) ……………….. does make the contract in course of (3) ……………….. In the case of a contract governed by the law of (4) ……………….., the goods are of a type ordinarily supplied for (5) ……………….. .
•• business • sale of goods • business • party • private use or consumption
7) Match the laws to their jurisdictions under the law of contract
(a) Common law (1) All contracts with specific provisions for consumer contracts
(b) UCTA 1977 (2) Applies only to consumer contracts and to non-negotiated terms
(c) UTCCR 1999 (3) All contracts
8) What is the 'contra proferentem' rule?
1).When an offeree agrees to be bound by all the terms of an offer, which one of the following is not applicable?
A) It must be a mirror image of the offer
B) It must be in writing
C) It must be communicated to the offeror
D) It must be firm
2).Should a company selling products online provide protection for customers sin respect of the usage of their creidt card.
3) Which one of the following statements is incorrect?
A) A term may be implied into a contract by a court in order to make the contract fairer between the parties.
B) A term may be implied into a contract by way of custom.
C) A term may be implied into a contract by way of business efficacy by a court.
D) A term may be implied into a contract by a statute.
1. In relation to the law of contract explain the meaning and effect of:
•(a) The doctrine of privity
•(b) The intention to create legal relations.
2. Explain in relation to the law of contract the rules relating to acceptance of an offer.
3. Define the term consideration as it is understood in contract law.
4. Which of one of the following cases illustrates an offer to the public at large?
•(a) Gibson v Manchester City Council (1979)
•(b) Carlill v carbolic Smoke Ball Co. (1893)
•(c) Thornton v Shoe Lane Parking Ltd. (1971)
5.All contracts are agreements, but not all agreements are contracts. The primary reason is that:
•(a) Certain agreements cannot be enforced by law.
•(b) certain agreements cannot be licensed number law.
•(c) agreements do not fall under any classification of contracts.
•(d) a terms of an agreement usually are different from those of a contract.
6. Apart from contracts for necessaries, which bind the minor, the general rule at common law is that minor’s contracts are: