Classic Classic Quiz Illegality and Public Policy by Diamondsareforever Diamondsareforever 27 played - 12 yrs ago A quiz about the doctrine of illegality and public policy within English contract law QUIZ 30 QUESTIONS hard English 1 What is the principle behind illegality? State says they don't care if there is a contract it is something they don't want to enforceThat the law should always be enforcedTo create a new defenceTo enforce every contractState wants to enforce certain free market principles 2 Which of these is not a justification given for not enforcing illegal contract? DeterrenceTo promote every possible type of contractTo ensure the procedural integrity of the judicial system 3 I make a contract to murder someone, why is this contract illegal? The making of the contract itself constitutes a criminal offenceThere are situations where the law has delegated power to certain groups to self-regulateThe contract is in line with the lawThe doctrine of principal liability says I'm not committing a criminal offenceThe making of the contract does not constitute a criminal offence but is nonetheless not desirable 4 Which case relates to contracts that are forbidden although not criminal? Mohamed v Alaga (1999)Re Mahmoud and Ispahani (1921)Gray v BarrGrantino v Radmacher (2010)Lowe v Peers 5 With relation to tort what type of contract is illegal? Contract to commit an intentional tortContract that involves a tortA contract relating to the sale of propertyA contract that is undesirableA contract that does not relate to a tort 6 What was being sold in the case of Re Mahmour and Ispahani (1921)? Solicitors immigration workLinseed oilHousesSharesDates 7 Where might there be an exception to performance being contrary to statute being illegal? Where the act does not expressly forbid the conduct but imposes sanctions insteadWhere the act requires the seller to hold a licenseWhere the act prevents fee sharing agreementsWhere the act does not impose any sanctionWhere the act expressly forbids something 8 Why were the plaintiffs able to recover in the case of St John Shipping Corp v Joseph Rank Ltd (1957)? The Merchant Shipping Regulations did not apply to that type of shipThat share transactions were not forbidden just sanctionedThe Merchant Shipping Regulations were not designed to prohibit contracts of carriageThe Merchant Shipping Regulations didn't say you can't do this just that fines would be imposedThe contract was fundamentally different than what was intended 9 Which case relates to contracts to indemnify? Gray v Barr (1971)Re Mahmoud and Ispahani (1921)Mohamed v Alaga (1999)Grantino v Radmacher (2010)Lowe v Peers 10 What is the effect of illegality? Contract is voidableContract is voidSpecific PerformanceDamages are payableTort action cannot be brought 11 Which case supports the idea that if you can frame action so as to avoid the illegal conduct then you can claim damages? Tinsley v Mlligan (1994)Broad Pearce v BrooksRe Mahmoud and Isaphani (1921)Hughes v Asset ManagementMohamed v Alaga (1999) 12 What had Hall been doing in the case of Hall v Woolston Hall Leisure Ltd (2000)? Committing benefits fraudIgnoring the fact that her employer had been defrauding the Inland RevenueLiving in a house she did not ownEngaging in asylum workWorking as a translator 13 Why was the contract not illegal in Tribe v Tribe (1995)? No actual payment was madeThe shares were sold properlyNominal consideration had been paidThere was no illegal activityIllegality action is not enforceable 14 What must withdrawal from an illegal contract be? PartialGenuineFullStatutoryEnforced by the courts 15 What is public policy? Agreements that are void and enforceableAgreements that are not illegal but are simply judged to be contrary to public policyAgreements that are contrary to statuteAgreements to commit a tortAgreements that constitute commission of a crime 16 Which case enforced a pre-nuptual agreement? Pearce v BrooksRe Mahmoud and Isaphani (1921)Granatino v Radmacher (2010)Mohamed v Alaga (1999)Gray v Barr 17 What was wrong with the contract in Pearce v Brooks (1866)? The carriage was going to be used by a prostituteIt was a pre-nuptual agreementThe contract prevented the defendant from re-marryingThe contract was for the sale of explicit materialsThe contract was made during wartime 18 Which of these is an exception to the rule that contract ousting the jurisdiction of the courts are not allowed? Contracts submitting the case to arbitrationContracts allowing the case to go to court after mediationContract preventing the sale of goodsContracts to do with shippingContracts promising that a husband and wife won't divorce 19 When are contracts restricting trade allowed? When someone is trying to prevent the opening of a new shopWhen the person wishing to impose the restriction can show that it is a reasonable means of protecting a legitimate interestWhen an employer doesn't want his employee to work for someone elseWhen a supplier wants you to purchase only from themContracts made under the common law 20 What happens to contracts that are contrary to public policy? They are voidableNo recovery is possibleThey are voidThey are leniently appliedThey are void subject to the possibility of severance 21 Which of these is an exception to the general rule that contracts cannot oust the jurisdiction of the courts? Matrimonial Causes Act 1973 s. 34Criminal Contracts Act 1975 s. 19Effect of Contract Act 1975 s. 17Solicitors Act 1972 s. 19Tort Prohibition Act 1973 s. 1 22 Which act governs arbitration? Arbitration Act 1996Matrimonial Causes Act 1973Arbitration of Contract Act 1975Matrimonial Arbitration Act 2007Unfair Contract Terms Act 1977 23 What did the contract in Lowe v Peers (1768) relate to? The sale of a carriage to be used by a prostituteThat payment shall be made after divorceThat when the marriage broke down the parties were to go to mediationKnowledge and awareness of the clauseThe defendant was to make payment to the claimant if he married anyone other than her 24 When might a pre-nuptial agreement not be enforced? If the circumstances mean it would not be fair toThey are never enforcedWhen they have been freely entered intoWhen they involve lots of moneyWhen they make no mention of money 25 How many hours a week was the defendant allowed to work in Blue Chip Trading Ltd v Helbawi? 4810201914 26 What was the problem in Kiriri Cotton Ltd v Dewani? The statute was UgandanThe statute was unclearly written and neither party thought it applied to themThe landlord was not allowed to have tenantsA student was working more than their visa allowedA student had not been paid 27 What does in pari delicto mean? Equally wrongMore than onceOnly one is wrongIn a nice houseNot enforceable 28 What rules did not apply in the case of Tribe v Tribe? MahmoudIspahaniTinsleyMohamedGray 29 What does quantum meruit mean? Compensation for translation workMoney changes handExceptionCompensation for work doneTransfer of property 30 Which section of the solicitors act was applicable in Mohamed v Alaga (1999)? 1517378631 A mistake in this Quiz ? Contact the author Commentaires
