Classic Classic Quiz Contractual Terms I by Diamondsareforever Diamondsareforever 43 played - 12 yrs ago A quiz about contractual terms within English contract law. QUIZ 30 QUESTIONS hard English 1 What is electronic contracting? Choosing a means of forming a contractOffer in writing or by electronic meansNegotiating the terms of a contract by electronic meansAn automated process of entering into contract via the parties computers, whether networked or through electronic messagingAcceptance to terms and conditions in writing or by electronic communications 2 What did the court hold in Thornton v Shoe Lane Parking [1971]? That terms on the backs of tickets are perfectly validThat an offer is made by the presence of a ticket machineThat a clause cannot be incorporated after a contract has been concluded without reasonable notice beforeThat a contract is concluded after you leave the car parkThat all tickets should state the conditions on the reverse side 3 What has an Internet Service Provider been likened too? SupermarketFishmongersPost officeBakeryNail Bar 4 Which of these is not a way of incorporating terms by electronic means? By email communicationsBy clicking 'I agree'By checking a box or linking to hyperlinked pages with terms and conditionsBy sending a letter in reply to an emailBy ticking the terms we prefer 5 What is a term? A commercial contractParties and contract purposesEvery single agreement within a contractThe service/goods to be deliveredWarrenties 6 Is a representation a term of the contract? YesSometimesNo 7 Which of these is not an example of express terms? Written statementsSigned agreementsStatutes 8 What did the case of Routledge v McKay hold? That whether or not something is a term depends on the intention of the partiesThat if there is a time gap then the statement is a representationThat if one party has specialist knowledge or skill the statement is a termThat where a promise could not have been entered into without the statement that it was a termThat where the statement is hollow it is a representation 9 Which case held that where one party has specialist knowledge or skill the statement is likely to be a term? Routledge v McKay (1954)Kum v Wah TatDick Bentley Productions v Harold Smith Motor Ltd (1965)Hutton v WarrenRoland v Victor 10 What is the remedy for broken terms? Action for misrepresentationDamagesSpecific PerformanceAction for breach of contract 11 What are express terms? An expressionAn agreementAll written termsEverything expressly agreedThe parol evidence rule 12 What is the parol evidence rule? That collateral contracts do not contain all termsEverything expressly agreedThat written contracts can be altered by other evidenceThat parol evidence cannot be admitted to prove that a term had been omitted from a written contractThat parol evidence can always be admitted to prove the existence of other terms 13 Which case held that collateral contracts are an exception to the parol evidence rule? Jacobs v Batavia [1924]City and Westminster Properties (1934) Ltd v Mudd [1958]Poussard v SpiersBunge v TradaxOffey v Marlborough 14 Which of these is not an exception to the parol evidence rule? Collateral contractsCustomEvidence as to supplementary terms (where the contract is partly written and partly oral)StatutesOperation of the contract 15 Which of these is not a form of implied terms? StatutesCourtsCustomLawParol evidence rule 16 What does s. 13 (1) of the Sales of Goods Act 1979 relate to? The sellers right to sellSatisfactory qualityFitness for purposeCorrespondence with descriptionCorrespondence with sample 17 Which case relates to local custom and trade usage? Thornton v Shoe Lane ParkingRoutledge v McKayDick BentleyHutton v Warren [1936]Roland v Victor 18 What does FOB stand for? Force on boatsFavourite or bestFunny or boringFavourite on boardForce on board 19 Which of these cases relates to terms implied by law? Rogers v Parish Ltd (1987)WalkerHutton v WarrenRoland v Victor (1923)City v Mudd 20 Which case relates to the satisfactory quality of goods? Roland v Victor (1923)R & B v UDTHong Kong Fir ShippingBeltini v GyeRogers v Parish Ltd (1987) 21 What is the business efficacy test? Terms implied in factTerms implied in lawThat if whilst making the transaction an officious bystander would suggest some term and both parties would suppress him with an 'o of course'That in business transactions the law desires that there was business efficacy which must have been intendedThat ships should always be contracted with business efficacy 22 What is the officious bystander test? That in business transactions the law desires that there was business efficacy which must have been intendedThat terms are implied by the product descriptionThat whilst making the transaction an officious bystander might suggest a term which the parties would suppress with an 'o of course'That whilst making the transaction an officious bystander might suggest some term which the parties would then incorporateWhether the courts think a reasonable person would see a term as reasonable 23 What term did the courts imply in The Moorkcock (1889)? That there was an implied term that the jety was fit for purposeThat there was an implied term that in the case of any damage to the ship compensation would be payableThat there was an implied term that at low tide the ship would rest on the middle bedThat there was an implied term that necessary in order for the contract to functionThat there was an implied term that employment on board the ship would be found 24 Which case implied a term in law? Liverpool City Council v Irwin [1978]Thornton v Shoe Lane ParkingRoutledge v McKayDick BentlyHutton v Warren 25 Why was there no breach in Shirlaw v Southern Foundaries (1926)? Because the claimant had been employed for 10 yearsBecause the companies articles of association were alteredBecause the claimant was only sacked as a director and not a managing directorBecause they sacked the claimantBecause there was a contradiction 26 Which case gave rise to the business efficacy test? The Moorcock (1889)Shirlaw v Southern Foundaries (1926)Kum v Wah Tat BankRoland v VictorRogers v Parish 27 Which section of the Sales of Goods Act 1979 relates to fitness for purpose? 111418148 28 What made the contract in Roland v Victor (1923) void? The dealer had sold a stolen carThat there were faults that made the car undrivabkleThat the car had aesthetic faultsThat the boat had broken on low tideThat the car had a scratch 29 How many tests are there for terms implied in fact? 123635 30 What did the case of Kum v Wah Tat Bank [1971] hold? That express terms prevail over implied termsThat extrinsic evidence of custom and usage is omisableThat terms implied by custom must be excepted generally to those in trade and an outsider who makes a reasonable inquiryThat there is local custom and trade usageThat CIF and FOB terms should always be implied A mistake in this Quiz ? Contact the author Commentaires
