GO
Explore
Art & Literature
Entertainment
General knowledge
IT & Internet
Science & Nature
Society
Sport & Recreation
Latest Trivia Quizzes
Latest Personality Tests
Tops
Games
Forums
quizzes
Forums
Forums
Global
Art & Literature
Entertainment
General knowledge
High Tech
Nature
Society
Sports et Recreation
Games
Quiz of the day
Tops
Top Quizzes of the month
Top Quizzes
Top Quizers
Top Challengers
Top Players
Top Authors
Top Correctors
News
Latest Trivia Quizzes
Latest Personality Tests
50 last topics
Members activity
The 100 last comments
Online members
Tests
Quiz
General knowledge
Entertainment
Sport & Recreation
+
All Quizzes
Art & Literature
Entertainment
General knowledge
IT & Internet
Science & Nature
Society
Sport & Recreation
>
Society
Children
Health
High Tech
Humor
News
Politic
Society
Web sites
Home
>
Quiz
>
Quiz Society
> Contractual Terms II
Society
Society
Quiz Contractual Terms II
by
Diamondsareforever
Diamondsareforever
11 played -
11 yrs ago
A quiz about contractual terms within English contract law
QUIZ
30 QUESTIONS
hard
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 ferry
Incorporation by notice
Incorporation by signature
Incorporation by course of dealing and custom
Implied 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 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
5
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
6
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
7
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
8
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
9
What is the remedy for a breach of condition?
Damages and termination of the contract
Specific performance
Damages
Termination of the contract
Specific 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 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
11
Which case related to the idea of time being of the essence in commercial contracts?
Pym v Cambell
Walker
Bunge Corporation v Tradax Export [1981]
Hutton v Warren
City v Mudd
12
What is the remedy for a breach of warrenty?
Damages
Rights to reject goods and terminate the contract
Damages and termination
Damages and specific performance
Specific performance
13
Which case relates to a breach of warrenty?
Hong Kong Fir Shipping
Cahere v Brayer
Bunge v Tradax
Bettini 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 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
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 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
16
What was the subject of the sale in Caheve NV v Bremer Handels GmbH (The Hansa Nord) [1976]?
Oranages
Dates
Pineapple pulp
Citrus pulp
Cattle feed
17
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
18
What did the Unfair Terms in Consumer Contracts Regulations 1999 enforce?
An EC directive
The Unfair Contract Terms Act 1977
Recent 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 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
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 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
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 Marlborough
L'Estrange
Thornton v Shoe Lane Parking
22
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
23
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
24
Which section of the Unfair Terms in Consumer Contracts Regulations 1999 relates to the effect of unfair terms?
8
6
2
17
89
25
What does the Unfair Contract Terms Act 1977 apply to?
Consumer contracts
Business contracts
Online contracts
Business contracts that are made through writing
Business and consumer contracts
26
What does the Unfair Terms in Consumer Contracts Regulations 1999 relate to?
Non-negotiated contracts
Business and consumer contracts
Negotiated constracts
Exemptions in contracts and ntoices
Individual rights of civil action
27
What broke in the case of Smith v Harry Bros?
A chimney
A wall
A fireplace
A french dresser
A door
28
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
29
What is an example of an unreasonable contract with relation to not being able to negotiate terms?
Online contracts
Negotiated terms and conditions
Telephone contracts
Contracts made in person
Contracts 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 McKay
Kum v Wah Tat
Hutton v Warren
Roland v Victor
Add in a Facebook
You will love these quizzes
Current Affairs - Business…
2 105 players
- Iplfreak
Levels of access - 1
1 041 players
- Kdjmorton
Current Affairs - Business…
3 315 players
- Iplfreak
Chinese or Not Chinese
4 523 players
- CrystalTao
Current Affairs Quiz (Business…
1 473 players
- Iplfreak
HARD Level
45%
Average on
11 players
0
this month
all results
Autres quizz de Diamondsareforever
Introduction to EU Law
605 players
- Diamondsareforever
Impact Sentencing
0 players
- Diamondsareforever
Mares Reproductive System
556 players
- Diamondsareforever
Design - Registered Design…
0 players
- Diamondsareforever
EU Institutions and Law…
511 players
- Diamondsareforever
Home
>
Quiz
>
Quiz Society
> Contractual Terms II
Generated on 4 Dec 22, 15h48
all results
