Quiz Contractual Terms II

hard

Question 1 / 30

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

expert

Question 2 / 30

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]

hard

Question 3 / 30

What did the case of University of Plymouth v European Language Centre Limited [2009] relate to?

The loss of a car on a ferry

Incorporation by notice

Incorporation by signature

Incorporation by course of dealing and custom

Implied incorporation by law

hard

Question 4 / 30

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 it

That if you don't read a document and don't sign it then you are not bound

That there is a duty on people to draw your attention to exclusion clauses

That if you don't read a document and sign it then you are bound

That exclusion clauses are never valid

medium

Question 5 / 30

Which of these is not a form of incorporation of terms?

By signature

By notice

By statements made before the contract was formed

By previous course of dealings

hard

Question 6 / 30

What is a condition?

Subsidiary to the main purpose of the contract

Dependent upon the nature and effect of the term

Fundamental term, goes to the root of the contract

medium

Question 7 / 30

What is a warrenty?

Subsidiary to the main purpose of the contract

Dependent upon the nature and effect of the term

Fundamental term, goes to the root of the contract

medium

Question 8 / 30

What is an innominate term?

Fundamental term, goes to the root of the contract

Subsidiary to the main purpose of the contract

Neither a condition nor warrenty

hard

Question 9 / 30

What is the remedy for a breach of condition?

expert

Question 10 / 30

What was a condition of the contract in the case of Poussard v Spiers and Pond (1876)?

To perform for the duration of the run

To not call in sick at any point

To perform on the first night

To wear a yellow flower

To give 15 days notice if you couldn't perform

expert

Question 11 / 30

Which case related to the idea of time being of the essence in commercial contracts?

hard

Question 12 / 30

What is the remedy for a breach of warrenty?

expert

Question 13 / 30

Which case relates to a breach of warrenty?

hard

Question 14 / 30

When is an innominate term a condition?

Where it deprives the party of a substantial part of their bargain

When there is a less serious breach

When yellow flowers are sold in the UK

When flowers are sold

When a party is deprived of some of their rights

expert

Question 15 / 30

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 period

The fact that the engine room had problems

That the staff were inefficient

That they were entitled to repudiate the contract

That the contract was to do with boats

expert

Question 16 / 30

What was the subject of the sale in Caheve NV v Bremer Handels GmbH (The Hansa Nord) [1976]?

medium

Question 17 / 30

Which of these acts relates to unfair contract terms?

Unfair Terms in Consumer Contracts Regulations 1999

Unfair Terms and Creation of Contracts Act 1948

Terms in Contracts Regulations 1988

Unfair Terms Act 1957

Unfair Contract Terms Act 1977

hard

Question 18 / 30

What did the Unfair Terms in Consumer Contracts Regulations 1999 enforce?

An EC directive

The Unfair Contract Terms Act 1977

Recent case law

expert

Question 19 / 30

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 consumer

Where a term purports to confer a benefit on the consumer

Where a term is agreed electronically

Where one is individually negotiated

Where the parties have equal bargaining positions

expert

Question 20 / 30

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 so

Goods are supplied for private use and consumption

A natural person buying goods for private use or consumptions

Any natural person... is acting for the purposes which are outside his trade, business or profession

Situations were goods are exchanged privately

expert

Question 21 / 30

Which case relates to having to prove that the aspect must be in the course of business?

hard

Question 22 / 30

What does s. 2 of the Unfair Contracts Terms Act 1977 relate to?

Coffee shops

Hiring agreements

The reasonableness test

That whilst making the transaction an officious bystander might suggest some term which the parties would then incorporate

Negligence liability

medium

Question 23 / 30

Which of these is not an aspect of the reasonableness test?

The strength of the bargaining power of the parties

The inducement to agree to the term

That the contract was made online

Knowledge and awareness of the clause

Compliance with the special order of the customer

expert

Question 24 / 30

Which section of the Unfair Terms in Consumer Contracts Regulations 1999 relates to the effect of unfair terms?

hard

Question 25 / 30

What does the Unfair Contract Terms Act 1977 apply to?

expert

Question 26 / 30

What does the Unfair Terms in Consumer Contracts Regulations 1999 relate to?

expert

Question 27 / 30

What broke in the case of Smith v Harry Bros?

expert

Question 28 / 30

What was held to be unreasonable in the case of Green v Kaybos?

That the contract only related to seed potatoes

That the buyer had time to inspect the goods

That the survey failed to notice damage to the potatoes

That there was no exclusion clause

That rejection must be made within 3 days

hard

Question 29 / 30

What is an example of an unreasonable contract with relation to not being able to negotiate terms?

hard

Question 30 / 30

In which case did the parties not have equal bargaining power?

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Quiz Contractual Terms II

Which case held that terms can be incorporated by signature?

Which of these cases did not relate to incorporation by notice?

What did the case of University of Plymouth v European Language Centre Limited [2009] relate to?

What did the case of L'Estrange v F Graucob [1934] hold?

Which of these is not a form of incorporation of terms?

What is a condition?

What is a warrenty?

What is an innominate term?

What is the remedy for a breach of condition?

What was a condition of the contract in the case of Poussard v Spiers and Pond (1876)?

Which case related to the idea of time being of the essence in commercial contracts?

What is the remedy for a breach of warrenty?

Which case relates to a breach of warrenty?

When is an innominate term a condition?

What meant that the breach in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] was only a warrenty?

What was the subject of the sale in Caheve NV v Bremer Handels GmbH (The Hansa Nord) [1976]?

Which of these acts relates to unfair contract terms?

What did the Unfair Terms in Consumer Contracts Regulations 1999 enforce?

What does Article 5 of the Unfair Terms in Consumer Contracts Regulations 1999 define an unfair term as?

What does Article 3 of the Unfair Terms in Consumer Contracts Regulations 1999 define a consumer as?

Which case relates to having to prove that the aspect must be in the course of business?

What does s. 2 of the Unfair Contracts Terms Act 1977 relate to?

Which of these is not an aspect of the reasonableness test?

Which section of the Unfair Terms in Consumer Contracts Regulations 1999 relates to the effect of unfair terms?

What does the Unfair Contract Terms Act 1977 apply to?

What does the Unfair Terms in Consumer Contracts Regulations 1999 relate to?

What broke in the case of Smith v Harry Bros?

What was held to be unreasonable in the case of Green v Kaybos?

What is an example of an unreasonable contract with relation to not being able to negotiate terms?

In which case did the parties not have equal bargaining power?

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