Classic Classic Quiz Contractual Terms II by Diamondsareforever Diamondsareforever 11 played - 12 yrs ago A quiz about contractual terms within English contract law QUIZ 30 QUESTIONS hard English 1 Which case held that terms can be incorporated by signature? L'Estrange v F Graucog Ltd [1934]Offey v Marlborough Court Limited [1949]Chapelton v Barry Urban District Council [1940]Gary Patchett v Swimming Pool and Allied Trades Association Limited (SPATA) [2009]Parkers v South Easter Railway 2 Which of these cases did not relate to incorporation by notice? Parkers v South Easter Railway (1867)L'Estrange v F Graucog Ltd [1934]Offey v Marlborough Court Limited [1949]Capelton v Barry Urban District Council [1940]Gray Patchett v Swimming Pool and Allied Trades Association Limited (SPATA) [2009] 3 What did the case of University of Plymouth v European Language Centre Limited [2009] relate to? The loss of a car on a ferryIncorporation by noticeIncorporation by signatureIncorporation by course of dealing and customImplied incorporation by law 4 What did the case of L'Estrange v F Graucob [1934] hold? That even when you haven't read a document if you have signed it then you are bound by itThat if you don't read a document and don't sign it then you are not boundThat there is a duty on people to draw your attention to exclusion clausesThat if you don't read a document and sign it then you are boundThat exclusion clauses are never valid 5 Which of these is not a form of incorporation of terms? By signatureBy noticeBy statements made before the contract was formedBy previous course of dealings 6 What is a condition? Subsidiary to the main purpose of the contractDependent upon the nature and effect of the termFundamental term, goes to the root of the contract 7 What is a warrenty? Subsidiary to the main purpose of the contractDependent upon the nature and effect of the termFundamental term, goes to the root of the contract 8 What is an innominate term? Fundamental term, goes to the root of the contractSubsidiary to the main purpose of the contractNeither a condition nor warrenty 9 What is the remedy for a breach of condition? Damages and termination of the contractSpecific performanceDamagesTermination of the contractSpecific performance and damages 10 What was a condition of the contract in the case of Poussard v Spiers and Pond (1876)? To perform for the duration of the runTo not call in sick at any pointTo perform on the first nightTo wear a yellow flowerTo give 15 days notice if you couldn't perform 11 Which case related to the idea of time being of the essence in commercial contracts? Pym v CambellWalkerBunge Corporation v Tradax Export [1981]Hutton v WarrenCity v Mudd 12 What is the remedy for a breach of warrenty? DamagesRights to reject goods and terminate the contractDamages and terminationDamages and specific performanceSpecific performance 13 Which case relates to a breach of warrenty? Hong Kong Fir ShippingCahere v BrayerBunge v TradaxBettini v Gye [1876]Poussard v Spiers 14 When is an innominate term a condition? Where it deprives the party of a substantial part of their bargainWhen there is a less serious breachWhen yellow flowers are sold in the UKWhen flowers are soldWhen a party is deprived of some of their rights 15 What meant that the breach in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] was only a warrenty? The long charter periodThe fact that the engine room had problemsThat the staff were inefficientThat they were entitled to repudiate the contractThat the contract was to do with boats 16 What was the subject of the sale in Caheve NV v Bremer Handels GmbH (The Hansa Nord) [1976]? OranagesDatesPineapple pulpCitrus pulpCattle feed 17 Which of these acts relates to unfair contract terms? Unfair Terms in Consumer Contracts Regulations 1999Unfair Terms and Creation of Contracts Act 1948Terms in Contracts Regulations 1988Unfair Terms Act 1957Unfair Contract Terms Act 1977 18 What did the Unfair Terms in Consumer Contracts Regulations 1999 enforce? An EC directiveThe Unfair Contract Terms Act 1977Recent case law 19 What does Article 5 of the Unfair Terms in Consumer Contracts Regulations 1999 define an unfair term as? Where a term is negotiated with the consumerWhere a term purports to confer a benefit on the consumerWhere a term is agreed electronicallyWhere one is individually negotiatedWhere the parties have equal bargaining positions 20 What does Article 3 of the Unfair Terms in Consumer Contracts Regulations 1999 define a consumer as? He neither makes the contract in the course of business nor holds himself out as doing soGoods are supplied for private use and consumptionA natural person buying goods for private use or consumptionsAny natural person... is acting for the purposes which are outside his trade, business or professionSituations were goods are exchanged privately 21 Which case relates to having to prove that the aspect must be in the course of business? R & B Customs Broker Ltd v UDT Finance Ltd [1988]Donaghue v Stevenson [1932]Offey v MarlboroughL'EstrangeThornton v Shoe Lane Parking 22 What does s. 2 of the Unfair Contracts Terms Act 1977 relate to? Coffee shopsHiring agreementsThe reasonableness testThat whilst making the transaction an officious bystander might suggest some term which the parties would then incorporateNegligence liability 23 Which of these is not an aspect of the reasonableness test? The strength of the bargaining power of the partiesThe inducement to agree to the termThat the contract was made onlineKnowledge and awareness of the clauseCompliance with the special order of the customer 24 Which section of the Unfair Terms in Consumer Contracts Regulations 1999 relates to the effect of unfair terms? 8621789 25 What does the Unfair Contract Terms Act 1977 apply to? Consumer contractsBusiness contractsOnline contractsBusiness contracts that are made through writingBusiness and consumer contracts 26 What does the Unfair Terms in Consumer Contracts Regulations 1999 relate to? Non-negotiated contractsBusiness and consumer contractsNegotiated constractsExemptions in contracts and ntoicesIndividual rights of civil action 27 What broke in the case of Smith v Harry Bros? A chimneyA wallA fireplaceA french dresserA door 28 What was held to be unreasonable in the case of Green v Kaybos? That the contract only related to seed potatoesThat the buyer had time to inspect the goodsThat the survey failed to notice damage to the potatoesThat there was no exclusion clauseThat rejection must be made within 3 days 29 What is an example of an unreasonable contract with relation to not being able to negotiate terms? Online contractsNegotiated terms and conditionsTelephone contractsContracts made in personContracts made in writing between businesses 30 In which case did the parties not have equal bargaining power? St. Alban's City and District Council v International Computers Ltd [1995]Routledge v McKayKum v Wah TatHutton v WarrenRoland v Victor Commentaires
