Q. An offer can be revoked before acceptance unless it is:
A.
A unilateral contract
B.
Supported by consideration
C.
Made in writing
D.
Communicated verbally
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Solution
An offer can be revoked before acceptance unless it is supported by consideration, which can create an option contract.
Correct Answer:
B
— Supported by consideration
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Q. If a contract includes a clause that limits liability for breach, what is this clause commonly referred to as?
A.
Exculpatory clause
B.
Indemnity clause
C.
Liquidated damages clause
D.
Force majeure clause
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Solution
An exculpatory clause limits liability for breach and is often included in contracts to protect one party from certain types of damages.
Correct Answer:
A
— Exculpatory clause
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Q. If a contract is breached, what can the non-breaching party seek?
A.
Only specific performance
B.
Only rescission
C.
Damages or specific performance
D.
Nothing
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Solution
The non-breaching party can seek either damages or specific performance as remedies.
Correct Answer:
C
— Damages or specific performance
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Q. If a party fails to perform their contractual obligations, this is known as:
A.
Breach of contract
B.
Performance
C.
Acceptance
D.
Consideration
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Solution
A failure to perform contractual obligations is termed a breach of contract.
Correct Answer:
A
— Breach of contract
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Q. If a party fails to perform their obligations under a contract, this is known as:
A.
Breach of contract
B.
Performance
C.
Acceptance
D.
Revocation
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Solution
A failure to perform obligations under a contract is termed a breach of contract.
Correct Answer:
A
— Breach of contract
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Q. If a party fails to perform their obligations under a contract, what is this called?
A.
Breach of contract
B.
Performance
C.
Acceptance
D.
Consideration
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Solution
Failure to perform obligations under a contract is termed a breach of contract.
Correct Answer:
A
— Breach of contract
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Q. If a party is entitled to damages for breach of contract, what type of damages are intended to put the injured party in the position they would have been in had the contract been performed?
A.
Consequential damages
B.
Punitive damages
C.
Compensatory damages
D.
Nominal damages
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Solution
Compensatory damages are intended to put the injured party in the position they would have been in had the contract been performed.
Correct Answer:
C
— Compensatory damages
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Q. If a party to a contract fails to perform their obligations, what is the first step the other party should take?
A.
Sue for damages
B.
Notify the breaching party
C.
Terminate the contract
D.
Seek specific performance
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Solution
The first step is typically to notify the breaching party of the breach, allowing them an opportunity to remedy the situation.
Correct Answer:
B
— Notify the breaching party
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Q. If a party to a contract fails to perform their obligations, what is this called?
A.
Performance
B.
Breach
C.
Acceptance
D.
Consideration
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Solution
A failure to perform obligations under a contract is referred to as a breach.
Correct Answer:
B
— Breach
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Q. If a party to a contract performs their obligations but does so in a manner that is not consistent with the contract terms, what type of breach is this?
A.
Minor breach
B.
Material breach
C.
Partial breach
D.
No breach
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Solution
This is considered a minor breach, as the party has performed but not in accordance with the contract terms.
Correct Answer:
A
— Minor breach
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Q. If a seller delivers goods that do not conform to the specifications in the contract, what is the buyer entitled to?
A.
Nothing, the contract is still valid
B.
A refund for the goods
C.
Specific performance
D.
Damages for breach
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Solution
The buyer is entitled to damages for breach when the goods delivered do not conform to the contract specifications.
Correct Answer:
D
— Damages for breach
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Q. If one spouse fails to perform their marital duties, what type of breach is this considered?
A.
Minor breach
B.
Material breach
C.
Anticipatory breach
D.
No breach
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Solution
Failure to perform marital duties is considered a material breach, as it goes to the essence of the marital contract.
Correct Answer:
B
— Material breach
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Q. In a case where a contractor fails to complete a project by the deadline specified in the contract, what type of breach has occurred?
A.
Minor breach
B.
Material breach
C.
Anticipatory breach
D.
No breach
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Solution
A material breach occurs when the failure to perform goes to the essence of the contract, which is the case when a contractor fails to complete a project by the deadline.
Correct Answer:
B
— Material breach
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Q. In a case where a party fails to perform a contract due to unforeseen circumstances, what defense might they raise?
A.
Impossibility of performance
B.
Frustration of purpose
C.
Mutual mistake
D.
Duress
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Solution
The party may raise the defense of impossibility of performance if unforeseen circumstances make it impossible to fulfill the contract.
Correct Answer:
A
— Impossibility of performance
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Q. In a contract dispute, if one party has partially performed their obligations, what is the likely outcome regarding damages?
A.
No damages awarded
B.
Full damages awarded
C.
Pro-rated damages based on performance
D.
Punitive damages awarded
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Solution
Pro-rated damages may be awarded based on the extent of the partial performance.
Correct Answer:
C
— Pro-rated damages based on performance
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Q. In a contract for the sale of land, if the seller refuses to transfer the title after the buyer has fulfilled all conditions, what remedy is the buyer entitled to?
A.
Rescission
B.
Specific performance
C.
Compensatory damages
D.
Punitive damages
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Solution
The buyer is entitled to specific performance, which compels the seller to fulfill their contractual obligation to transfer the title.
Correct Answer:
B
— Specific performance
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Q. In contract law, 'capacity' refers to:
A.
The ability to perform the contract
B.
The legal ability to enter into a contract
C.
The financial ability to fulfill obligations
D.
The ability to negotiate terms
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Solution
Capacity refers to the legal ability of a party to enter into a contract, which can be affected by age, mental state, and other factors.
Correct Answer:
B
— The legal ability to enter into a contract
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Q. In contract law, what does 'capacity to contract' refer to?
A.
The ability to understand the terms of a contract
B.
The requirement of a written contract
C.
The necessity of legal representation
D.
The ability to negotiate terms
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Solution
Capacity to contract refers to the legal ability of a party to enter into a binding contract.
Correct Answer:
A
— The ability to understand the terms of a contract
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Q. In contract law, what does 'capacity' refer to?
A.
The ability to perform contractual duties
B.
The legal ability to enter into a contract
C.
The financial ability to fulfill a contract
D.
The ability to negotiate terms
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Solution
Capacity refers to the legal ability of a party to enter into a contract.
Correct Answer:
B
— The legal ability to enter into a contract
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Q. In family law, what constitutes acceptance of a marriage proposal?
A.
Verbal agreement in front of witnesses
B.
Written acceptance sent via mail
C.
Any action that indicates consent to marry
D.
A formal ceremony conducted by a judge
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Solution
Acceptance of a marriage proposal can be indicated by any action that demonstrates consent to marry, not just formalities.
Correct Answer:
C
— Any action that indicates consent to marry
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Q. In the case of Baird Textile Holdings Ltd v Marks & Spencer plc, what was the court's finding on the existence of a contract?
A.
A contract existed based on past dealings
B.
A contract existed based on verbal agreement
C.
No contract existed due to lack of certainty
D.
A contract existed based on written terms
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Solution
The court found that no contract existed due to lack of certainty in the terms of the agreement.
Correct Answer:
C
— No contract existed due to lack of certainty
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Q. In the case of Byrne & Co v Leon Van Tienhoven & Co, what was the key issue regarding revocation of an offer?
A.
Revocation must be communicated
B.
Revocation can be implied
C.
Revocation is effective when sent
D.
Revocation is not allowed
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Solution
The key issue was that revocation of an offer must be communicated to the offeree to be effective.
Correct Answer:
A
— Revocation must be communicated
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Q. In the case of C & J Fertilizer, Inc. v. Allied Mutual Insurance Co., what was the court's ruling regarding the insurance policy?
A.
The policy was void
B.
The policy was enforceable
C.
The policy was ambiguous
D.
The policy was unconscionable
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Solution
The court ruled that the insurance policy was enforceable despite the breach of contract.
Correct Answer:
B
— The policy was enforceable
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Q. In the case of Carlill v Carbolic Smoke Ball Co, what was established?
A.
The necessity of a written contract
B.
The validity of unilateral offers
C.
The requirement of consideration
D.
The importance of mutual consent
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Solution
The case established the validity of unilateral offers, where acceptance occurs through performance.
Correct Answer:
B
— The validity of unilateral offers
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Q. In the case of Carlill v Carbolic Smoke Ball Co, what was the main issue regarding the formation of the contract?
A.
Whether there was a valid offer
B.
Whether consideration was present
C.
Whether acceptance was communicated
D.
Whether the terms were clear
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Solution
The main issue was whether there was a valid offer, as the court found that the advertisement constituted an offer to the world.
Correct Answer:
A
— Whether there was a valid offer
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Q. In the case of Entores Ltd v Miles Far East Corporation, what was the ruling regarding acceptance?
A.
Acceptance must be in writing
B.
Acceptance is effective when sent
C.
Acceptance is effective when received
D.
Acceptance can be implied
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Solution
The ruling was that acceptance is effective when received, particularly in the context of instantaneous communication.
Correct Answer:
C
— Acceptance is effective when received
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Q. In the case of Fisher v Bell, what was the court's ruling regarding the display of goods?
A.
It constituted an offer
B.
It constituted an invitation to treat
C.
It was a binding contract
D.
It was a unilateral offer
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Solution
The court ruled that the display of goods in a shop window constituted an invitation to treat, not an offer.
Correct Answer:
B
— It constituted an invitation to treat
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Q. In the case of Hadley v Baxendale, what principle was established regarding damages?
A.
Damages must be foreseeable
B.
Damages must be punitive
C.
Damages must be nominal
D.
Damages must be liquidated
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Solution
The principle established was that damages must be foreseeable as a result of the breach.
Correct Answer:
A
— Damages must be foreseeable
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Q. In the case of Hadley v. Baxendale, what type of damages were the plaintiffs seeking?
A.
Consequential damages
B.
Punitive damages
C.
Nominal damages
D.
Compensatory damages
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Solution
The plaintiffs were seeking consequential damages for lost profits due to the delay in delivery.
Correct Answer:
A
— Consequential damages
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Q. In the case of Hamer v. Sidway, what was the consideration that supported the contract?
A.
A promise to pay money
B.
A promise to refrain from drinking
C.
A promise to perform a service
D.
A promise to sell property
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Solution
The consideration was the nephew's promise to refrain from drinking until he turned 21.
Correct Answer:
B
— A promise to refrain from drinking
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