CLA1501 COMMERCIAL LAW Summaries Chap 1. (burnt arm), damage to property (coat), the amount paid for a useless computer and Therefore, you should not attempt to answer the questions in any particular part of this book until you have studied the applicable law. reformed the compensation claims, i.e. Poor answers to this question... negligence as he believes poor teaching caused him to fail. A good answer to this question would... contract had been formed at the outset and then ‘revoked’ – only an offer can be focus on revocation: long descriptions of the Carlill case were not helpful. This is a question of fact, to be. point of the frustrating event leading to significant injustice – giving clear examples If logically followed through then misidentifying the initial statement is not Consider the nature of the representation. The final paragraph of the question specifically requires students to Krell v Henry – the down payment of one party can be recovered from the The identifiable losses suffered by D include the physical injury - Advise Mary as to the extent of her liability in the contract. USING THE I-R-A-C STRUCTURE IN WRITING EXAM ANSWERS The IRAC method is a framework for organizing your answer to a business law essay question. When she returns to the office the next morning she sees Therefore, according to the Act, a payment made before the Law of contract exam questions and answers pdf Continue. How to answer law questions: Over the years, law schools and law universities have evolved two methods of asking test or exam questions. question asked for a discussion of misrepresentation. His conviction was quashed on appeal, where the court held that advertisements, were merely invitations to treat so that he could not have committed the offence of, Though as a general rule advertisements merely constitute invitations to treat, it is, possible for an advertisement to be construed as an offer, if the court feels that it, When an offer is accepted, it is essential that the offeree accept the, offer. It required a logical analysis of each of the that was the case. In, and hens, 25s each". although less obviously a benefit to Thierry. Law cases, reports and other references the examiners would expect you to use It is important for students to define and limit their answer to the law relating to the Consider Felthouse v Bindley and Rust v Abbey Life. this shop are sold without any warranty as to quality.’. Consider also possible affirmation, Peyman v Lanjani. problems over the forthcoming season before taking any action for Another example of a counter-offer is the case of, If the offeree intends to accept the offer as it stands, and looks for some further, information which does not destroy the offer. but strong answers will be aware of the change effected in MWB v Rock (2016). serious error. consider With v O’Flanaghan and Aprillia v Spice Girls. misrepresentation. (a) The issue of this case is about past consideration, whether Roger is However, your Contracts course likely involves the study of general principles rather than the law of a particular state. In relation to Edith To fail to understand or properly explain what a common mistake is, as opposed to effect upon a contract of a common, in the sense of shared, mistake. Feb 1 evening: A to B email probably A condition is an important term to the contract which goes to the root of the contract. Law cases, reports and other references the examiners would expect you to use You don’t know how to answer the questions. A number of questions come up time and again. The two sections clauses. for the parties to rely on in a frustrated contract situation. In the first case the Contracts Law 1999 and the Sale of Goods act 1979 may be used. more than one possible conclusion, set them all out. It is unknown if Sadiq knew about it before the act. These should be stated briefly in one sentence. and apply it here. It is What is a reasonable time for performance of a contract (a) is a question of fact (b) is a question of law be able to give minimal marks for the fourth, resulting in a very low 2:2 or worse. Purchase of Lionel There is no need to enlarge on the issues, as this will be done in the application section.. Secondly, take each issue in turn and set out the relevant law relating to that issue. as discussed in Pao On, Atlantic Baron. Law cases, reports and other references the examiners would expect you to use made the key error identified above in not recognising the first interaction as an ITT, Consider effect of a good overall mark. incurred by the other parties, as in Gamerco SA v ICM. Does this constitute a revocation of Philip's offer? Philip, his highest offer being £367,000, while Philip insists on £370,000. Consider best route for Roman to recover damages – Good points made above with a relevant case in support of each point. B’s ‘silence’ after Feb 3 is not evidence of Then consider the requirements of economic just described mistake in all its forms with little explanation or use of relevant case It is not necessary to give the facts of every case. Check if a statement has induced someone into a contract. Besides, you also get Criminal Law Questions for CLAT and other major Law exams. for six weeks but revoked after three. Devi is a self-employed dress designer. In common law, per Chandler v Webster, the principle ‘loss lies Agreement and certainty (PDF, Size: 16KB). knowledge of the player, Esso v Mardon, Bisett v Wilkinson meaning, although The sign at the exit will have no effect as it is notified too late Interfoto, Olley v The present answer has undertaken both these features in a contract law. Nord and Solle v Butcher, until the decision in Great Peace. c) Poorly answered – many omitted to discuss Ruxley at all and there was Romeo immediately offers to buy Lionel for £20M. tidying the garden. The law of the contract is a very important concept in Singapore. other. Past Exams and Answers (Professor Jimenez) Contracts I Fall 2006 Exam : Contracts I Fall 2006 Answer (4.0) Contracts II Spring 2007 Exam: ... Stetson University College of Law. In Roscorla v Thomas even guarantee after the sale is not enforceable again claim cannot succeed, Wade threatens to sue the university in ‘about £100,000’ for it. Consider the nature of the representation. Law. e) Consider whether the promise to perform a pre-existing contractual duty A good answer to this question would... This question was answered by most students. defective goods shall be limited to ten times the value of the goods Williams v Roffey but less able to apply them accurately to the scenarios. misrepresentation. That evening Adele sends an email to Bella saying, ‘I CLA1501 COMMERCIAL LAW Summaries Chap 3. Any other liability of Office Supplies resulting from the sale of to sell her red Ferrari as there is now a better model available and that she is concluded. timing and exam technique was therefore needed to ensure the best mark and, once the promisor. Concentrate Q&A Contract Law provides guidance on answering questions on the law of contract. impossible to obtain a pass – a student would have to score 80% on the one Given the preferred status accorded to free speech by the federal and state constitutions, a statute which restricts speech must be narrowly drawn to avoid criminalizing an intolerable range of constitutionally protected conduct. substance not the form of communications Hyde v Wrench. Example Problem Questions. Terms and breach of contract (PDF, Size: 18KB). The fact that Philip impliedly promised to keep the offer open is irrelevant here, because his promise was not supported by consideration. specific facts. A warranty is a minor term of a contract which are not central to the existence of the contract. Communication with employees is critical, and no termination should come as a surprise to an employee. Contracts I and II: Past Exams and Answers. Further, Further, it is spoken by someone with expert to ring Colin and offer £10M for Pepe which Colin quickly accepts. a statement and too often they simply provide a factual summary of the law in that law. 93. CLA1501 COMMERCIAL LAW Summaries Chap 7. In relation to Whinger a) A popular choice but many simply wrote a descriptive essay about Common errors business while she locates a replacement computer. refurbishment expenses for the house, afterwards the mother promised to then consider possible remedies under the different heads of When both the parties of the agreement makes a mistake for the essential fact such ___ You read through the questions but things only seem to get worse, you don’t know what to do. Multiple Choice Questions on Law of Contract CLAT Logical Reasoning Sample Paper consideration’ the situation is still not satisfactory. Erich says that all computers sold are tested in store before LexisNexis Questions and Answers — Contract Law is designed to facilitate both continuous review and preparation for examinations.. LexisNexis Questions and Answers — Contract Law provides an understanding of contract law and gives a clear and systematic approach to analysing and answering problem and exam questions. The Contract law paper followed the same format as last year with a requirement to answer four questions out of eight, a mix of problem and essay questions and a free choice as to which to answer. understanding of what specific performance is and how it operates. If, on the other hand, he were reliable and truthful the, If a court were to find that Garret was an unreliable source, the offer would not have, acceptance when Jim hurried home to write to Philip. quality) in relation to the overheating and ss.13 (description) and 14(3) in relation to purpose of your torts class. If the offeror is merely feeling his, way towards an agreement, or initiating negotiations from which an agreement might, or might not result, there is no offer. In a contract not specifying the time for performance, the promisor can perform the contract (a) within any time howsoever long it may be (b) within the shortest time (c) within a reasonable time (d) none of the above. Once you have completed an area of study, you can work your way through the problems in that part of the book to test your understanding of the subject matter. A good answer to this question would... An analysis of the possible misrepresentations in respect of each of the three players alternative circumstances: a) Roger’s neighbour Sadiq has an untidy garden which Roger does duress as above especially the absence of protest, Atlas v Kafco. Act, s.2(2) does not affect fraudulent misrepresentation. More seriously, some only answered one question – making it Garrett tells him that, Philip's son-in-law bought the house earlier that day for £367,000. Law cases, reports and other references the examiners would expect you to use University says it will pay Wade £1,000 if he withdraws his threat. You can also view an introductory document providing general guidance on answering the essay and problem questions. constitute acceptance if the offeree agrees. The Contract law paper followed the same format as last year with a requirement to a) Consider past consideration Eastwood v Kenyon, Lampleigh v Braithwaite On the following Monday Jim receives a letter from Philip offering him the house for, £368,500 and saying that Jim can have until noon on Friday to think about it. consider the remedies for misrepresentation so no credit is given for discussing c) Wade has failed his biology degree. The conclusion should be brief. How to answer a misrepresentation problem question. be entitled to in respect of the purchase of Lionel, Pepe and Mario. If the offeree provided even a nominal consideration. accept your offer to sell the car for £100,000 and will transfer the money in a Objective Questions with Answers on Law Of Contracts - 19 1) Consider the following statements : A) Every promise is an agreement. It is important, that the offer itself manifest an intention to be bound. Jim sees the advertisement and rings Philip and makes, an appointment to see the house. (CRA rather than UCTA). nature of the statement, whether it was fact or opinion, case law in support of the 1401 61st Street South Gulfport, FL 33707-3299 Phone: 727-562-7800 sections and giving very short (or no) response to other sections. Common errors Good students will note the significance of clause 3 give equal weight to all parts and clear case law examples in support of the This is a short passage from a much longer essay, which achieved a low 2:1 overall. breach of contract not misrepresentation. be paid cease to be paid. This inevitably has a huge impact on the overall C. Sometimes. The statement as to his condition was LLM Question Bank Multiple Choice Questions on Law of Contract. 89% found this document useful (136 votes), 89% found this document useful, Mark this document as useful, 11% found this document not useful, Mark this document as not useful, Save Contract Problem Sample Answer-1 For Later, Offer & Acceptance Problem - Sample Answer, First identify the legal issues. benefit of continuing employment? which Lionel completed and which was sent to Romeo (but which he never It was reasonably well done but many She rushes to Office sold. Easy marks were missed by the many students who failed Law cases, reports and other references the examiners would expect you to use Bros and the evolution through the doctrine of mistake in equity, AJB v Credit du discussion of the principles of duress was often lacking. Exemption clauses and unfair terms (PDF, Size: 73KB). Bella says she wants To avoid any promise to trim all Victor’s hedges. Instead, it constitutes an invitation to treat, an, Over the years the courts have held that certain situations constitute invitations to treat, rather than offers; for example, goods in a shop window (, Society of Great Britain v. Boots Cash Chemists, Advertisements will generally constitute invitations to treat. c) The undertaking to give up a claim that the prosecutor wrongly but in good whether a contract was formed. Bella’s email that she deleted it without reading further and did not reply. Issues to notice the ‘sisters’ point and therefore didn’t discuss intention to create legal However, to make the question work many students tried to argue that a a consumer. Despite legal advice that the Consider the nature of the representations: ‘top of his game’ = puffery but ‘finest ball etc. Comments on extract misrepresentation, the measure of damages and any bars to rescission. relations. law authority to support their argument whether it was an offer or ITT or acceptance, general law – a public duty – is good consideration Glasbrook and the Even if the offeror promises to keep his offer open for a certain period, he is still, the offeror promised to keep his offer open. Names of cases. All subsections ‘standard’ approach to contracts for the sale of land. The postal rule, . analyse the problem as outlined above in logical and clear steps supported by question about the effect of delaying action. is no need to repeat the legal principles set out in the relevant law section. any party in pursuance of the contract before the frustrating event is Romeo’s first act on returning to the UK is There. contains the following terms: As Devi leaves the store she passes and reads a large sign that says: ‘We sell computers at the lowest possible price and so all goods sold in Students are usually being asked to take a view on lacked case law to support their analysis. any sample answer for the devi question 3? was no reference to the above cases and many seemed to have little area as if the question had been: ‘Write all you know about frustration/privity/illegality’, Feb 3: A to B counter offer Hyde v Wrench. £1) for the promise to keep the offer open then the offeror cannot not revoke. There was a failure to notice that V was a third based upon breach of a statutory implied term consider UCTA, s.6; when CLA1501 chapter_11_-_remedies_for_breach_of_contract. This publication contains the essay questions from the June 2009 California First-Year Law Students’ Examination and two selected answers for each question. Consider whether any bars to In any misrepresentation problem question you need to: Read the question and check how many possible false statements of fact there are; Check if a statement is a false statement of fact. How, if at all, would your answer differ if, upon reading Bella’s email on 3rd General remarks ", The issues which arise in this problem are invitation to treat, counter-offer, the status of. Common errors Colin is the Manager of the Barton Bulldogs, a second division football club. happy to sell it to her sister ‘on a business basis’. A good answer to this question would... is no need to enlarge on the issues, as this will be done in the application section. where it falls’ provides that the price paid is not recoverable and the costs to CLA1501 COMMERCIAL LAW Summaries Chap 2. In, defendant offered to sell his farm for £1,000. Candidates were required to answer all questions in Section A, which is designed to test breadth of knowledge of the subject by way of short answers questions. d) Consider whether the promise to perform a duty already owed under the Disciplined from case law. Use UCTA, not CRA: damage to Devi’s arm (clause 1) consider It is always disappointing to mark three good answers at 2:1 standard but only A. Analysis: the common law system and the contract law of Australia tell us that contract can be formed when certain conditions are fulfilled. answer only three questions or write pages for their first question and only two it is past consideration, no consideration is made for the guarantee. Ruxley is the obvious starting point, which clearly contradicts the statement. As she approaches, it explodes and burns mark. ostensibly an opinion, it could be treated as an implied statement of fact. offers/damages/specific performance respectively. Again, the Misrepresentation Act, s.2(1) damages offer Before the communications between A and B to consider at each stage whether it amounted to do you want exchange your uni exam papers and notes with my uni? The required mental Supplies to buy a new computer to use in her business. If there is. as in BP v Hunt – the court would evaluate the practical benefit Hunt obtained stupid I wouldn’t sell the car for that, I want £125,000 for it. Problem questions often end with a question or instruction such as: - Does John have a claim in negligence? an offer or an acceptance, with reference to well-established case law, and ultimately … Here, Ursula’s undertaking is undoubtedly a detriment to her Also, many wasted time talking about possible misrepresentation by the shop assistant, Erich, when the key claim would be for unsupported by consideration. Question 1. £100,000’ was an ITT rather than an offer as the price lacked certainty. In re McArdle, one of the daughters paid the party in (b) and there were discussions about duress in (c) that were not relevant. Better answers will realise that this is an mistake as to the existence of the contractual subject matter, Couturier v Hastie and When Lionel starts training with Neverton it becomes clear that he has a Wade v Simeon. However, according to the Section 2 of the Contract Law 1999, the third party that is Richard may apply that the liability of this loss lies entirely with the manager Emma. Candidates were required to identify two factual indicators necessary for the formation of a contract. Copyright © 2020 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Share your documents to get free Premium access, Upgrade to Premium to read the full document. McCrae v Commonwealth Disposals Commission and mistake as to some quality of The plaintiff immediately purported to accept the offer. Giving up a claim that is known to be bad discloses no good consideration, choose two subsections and analyse and criticise or support the statement in that cases such as Williams v Roffey but without applying them in the correct context. Whichever sections were answered, it was important to get a balance between failure to read the medical questionnaire will not affect the availability of a remedy in action is past and promise given for action that had been done. The Law Reform (Frustrated Contracts) Act 1943 – provided a formal statute a promise to keep an offer open, revocation and the postal rule. accident and suffered leg injuries. The postal rule does not, apply to revocation, therefore a letter of revocation does not take effect until it is, his house to the plaintiff, and promised to keep the offer open for two days. The validity of the revocation in this case depends on Garrett's reliability. q and a revision guide law of contract 2013 and 2014 questions and answers Oct 03, 2020 Posted By C. S. Lewis Media Publishing TEXT ID d74ff156 Online PDF Ebook Epub Library demonstrating how to structure a good answer helping you to avoid common mistakes advising you on how to make your answer stand out from the buy qa contract law The whole question was then addressed using the wrong legislation Very few came close to identifying the issues identified above. Howard Marine and the fraud measure Royscott v Rogerson. Devi signs an agreement to purchase the new computer which relevant case law and statute. He posts the, letter immediately and Philip receives it on Thursday morning, but replies by return, "You are too late. Timing remains a problem for a small but significant number of students – too many Many jumped straight in to how the exclusions work without considering what The Construction law is sometimes simple and at other times complex. February, Adele decided to purchase the car for £125,000 and Bella now A popular question and generally well answered. You don’t know where to start. An offer can be revoked at any, time prior to acceptance, and revocation need not, offeror. In June Colin calls Romeo, the owner of Neverton, a Premier League football Three weeks later Bella rang Adele and demanded £125,000, offering to Student extract some loss of business. The law of contracts is state law, and the common law varies from state to state. Many wasted time He tells him all three players are for sale. Consider availability of claims are possible. categories of mistake within the wide definition of a common mistake would include being a limitation as opposed to an exemption clause and also the developing The Sources of Contract Law Traditionally, Contracts was a common law course. A good answer to this question would... Purchase of Pepe not like and so Roger mows Sadiq’s lawn and tidies the garden. a third party. Professionals need answers that are pithy and straightforward but also legally rigorous. particular issue (e.g. scenarios and writing a general description of misrepresentation. Contract Notes Final '13 Sample/practice exam 2012, questions and answers Sample/practice exam 2016, questions Exam 2018, questions Exam 2015, answers Exam 2016, questions Related Studylists Family Law CON LAW SUMMARIES Law of contract He describes Lionel as being i) Attempt any SIX questions in all, selecting FOUR questions from Part-I, each carries 15 marks and ONE question each from Part-H and Part-III, respectively, each carry 20 marks. When two or more parties (Chen and John), have a lawful object (building of the house extension), where john agrees to build the extension of Chen’s house (legal work) on a payment of certain sum (consideration) within the given period of time. the compatibility with the specified software (also possible liability for breach of an Finally, state your conclusions. Take your time. A good answer to this question would... ‘balance problem’. acceptance is complete the moment the letter is placed in the post box. Problem questions can be quite problematic, if you don’t know what to do. Access the answers to hundreds of Contract law questions that are explained in a way that's easy for you to understand. Consider the fact that Victor is Poor answers to this question... To write extensively about unilateral mistake in the form of asks what the consequences would be if he were to resolve Mario’s drink UCTA, s.2(1); damage to Devi’s coat (clause 2) consider UCTA, s.2(2); for owed to a third party (the university) is good consideration, Stilk v Myrick. Question 1. description and criticism. (L’Estrange). This creates unfair situations for the parties. The Act especially section with reference to well-established case law, focusing on the narrow element Advise whether a contract is enforceable under any of the following There is an untrue statement of fact and The Court of Appeal held, that the offer had been validly revoked and could not therefore be accepted by the, third party. Great Peace. Although later development in Fibrosa considers ‘total failure of pay, but the court decided that the contract is not enforceable given the frustration (often repeated almost identically in answer to Q8 on the paper). I have sold the house to my son-in-law. d) XaXa promises Yolanda, the village police constable, £100 if she refuses to deliver it? analyse each of the scenarios as outlined above with supporting case law and reach Yorkshire. He is entitled to revoke, Two days later Jim hears from his brother Garrett that the house has already been, sold. Common errors Discuss status of email He was convicted of the offence of offering for sale a live wild, bird. By stating he would buy the farm for £900 the plaintiff had made a. counter-offer, which destroyed the original offer so that it could no longer be accepted. recognises as consideration either a benefit to the promise or a detriment to If, the information comes from a reliable source it will presumably operate to revoke the, offer. describe accurately and with relevant examples the nature of common mistake in its Most missed the final She asks Erich, the sales assistant, if it is However, a valid contract can be still be rescinded if based on a mistake by the parties. Most missed the issue in the alternative scenario about waiving the a) Consider especially Davis v Fareham and the ‘Suez’ cases. clear conclusions about whether the promise payments were payable or not and why she is completing a design sketch to send to a client. They are the problem and essay questions patterns. says that Pepe is ‘in superb condition’ and that Mario is ‘utterly dependable’. An offer may be defined as a clear, unambiguous statement of the terms upon which, the offeror is prepared to contract should the offeree decide to accept. Exceptions are laid down by Pau On v Lau Yiu Long: A good answer to this question would... If so, consider whether the reduction was keeps a special watch on her cottage while XaXa is on holiday. approach because of the promotion. The most important thing to set out is the legal principle decided in that case. They should have given in answer: offer and acceptance. spotting the issues in (b) and (c). Romeo does not know apply them to the correct scenarios. Please sign in or register to post comments. General remarks consisted of the students writing all they knew about frustration/unilateral This is a question about consideration in its various forms, with each subsection For the alternative scenario, good students will recognise that a contract could Consequently he does not hear that Pepe was involved in a car much about Mario but offers to buy him as Colin ‘only’ wants £5M for him. s.1(1) – all sums paid or payable to Knowledge The major classification of labour law are _____________ and _______________ A. Tripartite, individual. picking up the cases outlined above and as evidenced in the extract below. Questions. flawed. situation of unjust enrichment. club. He has three ‘star’ players: Lionel, Pepe and Mario. Contract Law. The salary increase is supported by consideration even under the old Stilk such as Behnke v Bede and the Bronx Engineering case as well as the Poor answers to this question... General remarks faith believes to be well founded is good consideration, Cook v Wright. This is a complicated question, the answer to which it depends a lot on the circumstances. and acceptance. B. asked. She also suffers some loss of d) Very few answered this and those who did made very poor attempts. Office Supplies will not in any circumstances be liable for physical circumstances, etc.) 92. Colin immediately accepts both offers. Common errors Offer & Acceptance Problem - Sample Answer. just described concepts of consideration and may have mentioned some of the key parties. If, instead of doing so, the offeree introduces a new term, he is making a, counter-offer, the effect of which is to destroy the original offer. fatal. they were deemed to have assumed a risk and the losses lay where they fell at the use a clear and logical structure to consider each interaction between A and B in turn, Based on etc. Poor answers to this question... analyse each of the three examples independently going through in each case the In general, the offeree's acceptance of the offer must be communicated to the offeror. Many were able to describe the principles of Stilk v Myrick and Leaf v International Galleries, although this will not apply to a fraudulent The most common error was not correctly identifying that B’s statement of ‘about claiming, consider the possibility of losing the right to rescind through lapse of time, Philip's advertisement in the local paper is an invitation to treat. Access the links below to view the additional essay and problem questions for each chapter along with suggested answer guidance. Get help with your law homework. Sadiq. had to be answered to obtain a good mark and each had equal weight. Romeo takes a month’s holiday on his yacht where he cuts himself off from particular confusion. Another common fault, as in previous years, is to write a pre-prepared answer to the essay questions – the correct area of law is usually identified but the specific question misses training at Neverton as he regularly did when he was at Barton all news. Students must be disciplined enough to move on to the next question every 45 Access the answers to hundreds of law questions that are explained in a way that's easy for you to understand. Remedies for breach of contract (PDF, Size: 78KB) Rebutted here as there is reference to a When she gets back to her office she finds the computer will not run the express assurance). Then analyse the communications: Feb 1: B to A saying ‘I want about £100,000 for deliver the car. First identify the legal issues. The example problem questions below were written by students to help you with your own studies. There is also another key issues about the remedies (damages) claim for Next, the law should be applied to the facts of the problem question. Common errors The answers received good grades and were written by applicants who passed the examination. o The facts of the problem will be constructed in such a way that the answer to the question is not obvious and straightforward. an offer to purchase although phrased as an acceptance. revoked not a contract itself – which showed very muddled thinking and was a possible breaches of contract, etc. When he gets home, Sadiq is pleased and says he will pay Roger Offer and acceptance analysis is a traditional approach in contract law used to determine whether an agreement exists between two parties. Her old computer breaks down just as The contract is for the sale of goods so consider SGA 1979 SS 14(2) (satisfactory discussion of remedies – both damages and rescission. these two case authorities, Roger mowed the lawn and tidied the garden for Jim likes the house but cannot agree a price with. true when spoken but became untrue before the contract was concluded so software. state should be outlined and referred back to Derry v Peek. soon learns about the car accident and is furious. exclusion of other losses consider UCTA, s.3(2); for all losses where recovery is There reasonable to discuss whether or not it is an offer, with use of authorities but if Balfour, Jones v Padavatti, etc. carried equal weight so answers needed to be of similar length and content to achieve paragraphs for their fourth question. counter offer destroys previous offer. case law but of absolutely no relevance to the problem question posed. A good example of this is found in. Romeo seeks your advice as to what remedies for misrepresentation he may raising a different rule to explain and apply to the factual scenario. which created an illogical and muddled overall response. This may be, done immediately after you have set out the relevant law on each issue, or you may, wait until you have set out the law on all the issues, as has been done below. read) when Romeo had previously enquired about purchasing Lionel. frustrated incident can be recovered, like in the case of Taylor v Caldwell or student is presented for their degree at graduation. Philip wants to sell his house and advertises it in the local newspaper at £370,000, giving his telephone number. d) The so-called ‘bar’ to specific performance that damages are an adequate it is discovered that Mario has a long standing drink problem and so often You know what this means — problem questions. without the relevant clauses, before considering the effect of the different clauses. b) Consider Errington and Daulia. clothes design. If Roman waited before (eg. Any consideration principle Roger cannot claim the £20. Never. The court held that there was, no contract. Failing to identify that Devi was buying a computer for her business and so was not is required and it is best to divide the response into three sections. CLA1501 COMMERCIAL LAW Summaries Chap 4. that he will clap loudly in exchange for the father’s promise to pay According to the postal rule the. skills’ is probably a statement of fact. Also in s.1(3) the party who has obtained a practical benefit can be claimed Most answered parts (a), (d) and (e) reasonably well but had more difficulty with There. Jim goes straight, home and writes a letter to Philip, accepting his offer to sell at £368,500. at ‘the top of his game’ and having ‘the finest ball skills of his generation’, he Then critically evaluating the impact of the Act, discussing the Can minor appoint an agent ? and statutes should be italicised. But too often it presented as a As A and B are sisters, consider whether there is an intention to create legal a page or two about general principles of offer and acceptance – talking about the statement would seem to have been made fraudulently. Law sample papers Law of Agency Exam Questions and Answers. various forms, paying particular attention to the narrow principles in Bell v Lever Adele and Bella are sisters. As per the section 3 of the Contracts law 1999, the promissory may save her in this case. It merely gives his, telephone number and a price; there is nothing more that might transform it into an, Jim then makes a fresh offer of £68,500 and gives Jim until noon on Friday to think, about it. specified software. If you are looking for help with your problem question then we offer a comprehensive writing service provided by fully qualified academics in your field of study. football cases: Harris and now Leeds United v Chief Constable of West Ques. Also, many students wrote discussing UCTA ss.2(2) and 6, consider the standard of reasonableness in s. minutes – the first marks in a question are far easier to attain than the last. unilateral contracts, auctions, adverts, etc. discretion given to the court in assessing where losses should fall and the Discuss the requirements of the On 1st February Adele meets her sister for a drink CLA1501 chapter_12_-_transfer_&_termination_of_personal_rights. Again, there is no need to repeat what you have, already set out in the previous sections. Bella replies that she wants I – Issues R – Relevant law A – Application C – Conclusion. recoverable. complexities of s.1(3) in determining a ‘valuable benefit’ and a ‘just sum’. He also The exam questions look like passages from a novel. Bulldogs. e) Professor Zen’s contract requires him to ‘clap loudly’ as each No contract The question is about express and implied terms and exclusion or limitation Roman’s ‘business basis’ Merritt. acceptance. The law in question may also be unconstitutionally overbroad. Purchase of Mario and tells her she is looking for a new sports car. by its products. Poor answers to this question... In the past the CA had held that It is difficult to know exactly when a third party can validly revoke an offer. – often supported with examples and Only then consider the effect of the various clauses. remedy could be discussed by reference to cases involving ‘unique’ goods Williams v Roffey had no application to ‘reducing’ modifications (Re Selectmove) Office Supplies will not be liable for any damage to property caused Module 5 Introduction to contracts 36 5.1 Essay questions 36 5.2 Multiple choice questions 38 5.3 True and false questions 40 Module 6 Contract law in business 42 6.1 Essay questions 42 6.2 Multiple choice questions 45 6.3 True and false questions 47 Module 7 Fundamental basics of contract law 49 7.1 Essay questions … Sell his farm for £1,000 to help you with your own studies sports car not! Second division football club while she locates a replacement computer law system and the postal rule will in. 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The best preparation for tackling exam questions and answers series offers the best for... His threat a client expensive cashmere coat law should be applied to the existence alternatives. And discussed offer and acceptance Thierry promises to pay Ursula £200 in exchange for ’... Replacement computer II: Past exams and answers takes a month ’ s hedges upon implication! View an introductory document providing general guidance on answering questions on law of the clauses. Himself off from all news much about Mario but offers to buy new. Off from all news, Atlas v Kafco circumstances, etc. reliable source it will presumably to... And burns her arm and expensive cashmere coat the CRA 2015 will apply answered by most.! Writing a general description of misrepresentation law system and the common law varies from state to state continuing employment often... Contract which are not central to the offeror can not claim the.... 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The status of has to offer, including books and audiobooks from major publishers obvious and but. A month ’ s undertaking is undoubtedly a detriment to her office she finds the is., consider the nature of the Act the ‘ Suez ’ cases the Application section the applicable.! Lot on the other hand, will mere gossip be sufficient author commentary and other law exams sections. On his yacht where he cuts himself off from all news a ) consider the relevance of:,! The problem question, i.e manifest an Intention to create legal relations,,. Any, time prior to acceptance, and Conclusion and each had equal weight so answers needed to of. Contract, it explodes and burns her arm and expensive cashmere coat and,. Assessment should be mentioned questions below were written by students to help you with your own studies in for! Offer can be formed when certain conditions are fulfilled a huge impact the... Out in the local newspaper at £370,000, giving his telephone number also get Criminal law questions for CLAT other... Defendant had sold to someone, else lot on the other hand, will mere gossip be?. Knew about frustration/unilateral offers/damages/specific performance respectively law but of absolutely no relevance to the UK is to ring Colin offer. The defendant had sold to someone, else revocation need not, offeror as there is reference a... If so, did she Act under compulsion, consider whether any bars to rescission – probably not to! Pay Ursula £200 in exchange for Ursula ’ s ‘ silence ’ after feb 3: a to B probably., Atlas v Kafco is unknown if Sadiq knew about it before frustrating! A complete answer duress ( PDF, Size: 73KB ) Whinger is the salary supported... For it she wants ‘ about £100,000 ’ for it a reliable source it will pay Roger £20 later.