Chapter 1 Self-test questions

. Which of the following best describes contractual obligations?

They are imposed by the law.

They are selected by the contracting parties.

The parties have no say on which obligations can arise.

There is nothing to distinguish contractual obligations from other forms of obligations.

. Can contractual and tortious duties overlap?

Yes, always.

Yes, sometimes.

Yes, but this is incredibly rare.

No, never.

. Which of the following statements about the role of promises in contract is correct?

Contract law determines which promises are, or not, binding in law.

Contract law prescribes the remedies available to a person if a binding promise has been broken.

In contract law, 'promise' can include undertakings about existing facts.

All of the options given are correct.

. Are all promises binding in law?

Yes.

No.

. How may parties ensure that a promise is binding?

The promise is made in a deed.

The promise is given for consideration.

Both of the options given are correct.

None of the options given is correct.

. Which of the following options is not a requirement for the execution of a deed by the individual?

The document makes it clear that it is intended to be a deed.

The document has been signed before witnesses.

The document must be affirmed by a seal.

The document is delivered as a deed by the maker or their agent.

. Is it true to say that most promises are made by deed?

Yes.

No.

. Where a promise is not in a deed, how may it become binding?

By giving consideration for the promise.

By shaking hands with the other party.

By signing any other piece of paper.

All of the options given are correct.

. Can all contracts be concluded orally?

Yes.

No, some contracts require writing.

No, most contracts require writing.

No, all contracts must be concluded in writing.

. Is a (gratuitous) promise to make a gift binding?

Yes.

No.

. Which of the statements given best encapsulates the concept of consideration?

The promisor asks for something in return for their promise.

The promisee asks for something in addition to the promise.

The promisor provides something in addition to their promise.

The parties must think seriously about their promise before agreeing.

. Is consideration limited to the payment of money?

Yes.

No.

. Which of the following statements best encapsulates the concept of a bilateral contract?

Each party makes a promise to the other party.

One party makes a promise to the other.

One party makes a promise to the world.

One party performs the contract before the other promises to pay them.

. What distinguishes a unilateral from a bilateral contract?

In return for their promise, the offeror asks for a promise.

In return for their act, the offeror asks for a promise.

In return for their promise, the offeror asks for an act.

In return for their act, the offeror asks for an act.

. According to the will theory of contract, why do contractual obligations arise?

They arise because of the socially-imposed impetus to perform.

They arise because of the promise itself.

They arise because the parties have agreed to perform them, and pay for them in the event that they do not.

They arise because consideration has been paid.

. How will a party's words and conduct normally be interpreted?

Objectively.

Subjectively.

In the most efficient manner.

However the court sees fit.

. What distinguishes unjust enrichment from contract?

Unjust enrichment is not a part of private law.

Nothing distinguishes contract and unjust enrichment.

Claims in breach of contract are not based on a civil wrong.

Claims in unjust enrichment are not based on a civil wrong.

Quiz Content