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Return to JC Smith's The Law of Contract, 3e Student Resources
Chapter 13 End of Chapter Questions
Implication
Quiz Content
*
not completed
.
Which of the following statements is true about implying terms in fact:
The touchstone is reasonableness not necessity.
correct
incorrect
The touchstone is necessity not reasonableness.
correct
incorrect
Implication is a distinct process from interpretation
correct
incorrect
Implication is part of the same process as interpretation.
correct
incorrect
*
not completed
.
A
contracts to purchase a projector from
B
. After purchase,
C
visits
A
to show him how to use it, having the same projector himself.
C
discovers the projector is missing a remote control, which
A
did not know was an accessory that could be used with the projector. Can
A
claim that
B
was in breach of an implied term to include the remote in the sale?
Yes
correct
incorrect
No
correct
incorrect
*
not completed
.
Which of the following statements best describes the business efficacy test?
A term will be implied if necessary to make the contract work.
correct
incorrect
A term will be implied in order to make the contract work better.
correct
incorrect
A term will be implied in order to prevent a commercial absurd result.
correct
incorrect
None of the above options are correct.
correct
incorrect
*
not completed
.
Which of the following is
not
a condition of implication based upon a customary term?
The term is recognised as binding.
correct
incorrect
The term is well-known.
correct
incorrect
The term is a sensible one to include.
correct
incorrect
The term is certain.
correct
incorrect
*
not completed
.
Why should judges be more cautious than Parliament in implying terms in law?
Judges lack democratic legitimacy.
correct
incorrect
Implying a term into contracts of a certain type is often best achieved through legislation.
correct
incorrect
The economic impact of implying a term into all contracts of a particular type cannot be easily assessed by judges.
correct
incorrect
All of the options given are correct.
correct
incorrect
*
not completed
.
How have the courts narrowed the boundary between terms implied in law and terms in fact?
Using policy considerations when implying terms in fact.
correct
incorrect
Narrowly defining the type of contract in which a term is implied in law.
correct
incorrect
Using reasonableness as a touchstone for terms implied in fact.
correct
incorrect
None of the options given is correct.
correct
incorrect
*
not completed
.
A
and
B
are contracting for the sale of a flat in a building managed by
A. A
does not wish to have to maintain the corridors of the building. How might
A
make sure that a term will not be implied requiring her to do this?
Include a term that requires
B
to carry out maintenance of the benefit of his flat.
correct
incorrect
Make sure the contract makes business sense without
A
having to perform maintenance.
correct
incorrect
Insert an express term in the contract to state that
A
will not be carrying out corridor maintenance.
correct
incorrect
All of the options given are correct.
correct
incorrect
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