Chapter 25 End of Chapter Questions

. A enters into a contract for B to perform at his nightclub every night in a two-week period. A term of the contract requires B to turn up to a rehearsal a week before that two-week period begins. B turns up late to the rehearsal. A takes B to court to terminate the contract, thinking this is just the beginning of B's casual attitude to work. The court finds that this was only a minor breach of an innominate term. What remedy can A seek?

Termination only

Damages only

Termination and damages

Nothing

. Two law firms, A and B contract to assist each other in pro-bono efforts. It is a term of the contract that 'It is a condition of the contract that representatives of the parties must meet on at least two occasions a year'. The word 'condition' is used to describe three of the 20 terms in the contract. B does not turn up to the second meeting, which is not rescheduled before the end of the year. What would be the likely approach of the courts to this situation?

The courts will treat this as an innominate term and the breach will not be sufficiently seriously to allow termination.

The courts will treat this as an innominate term and the breach will be sufficiently seriously to allow termination.

The courts will treat this as a condition and allow termination.

The courts will treat this as a warranty and only damages will be allowed.

. A rents an office from B. He is consistently late with his rental payments, though always eventually makes them. Subject to the language used in the contract, is B likely to be able to terminate the contract?

Yes

No

. In an office-share contract between A and B, it is a condition of the contract that A is to take care of the office furniture. There is also a term that expressly states that either party is entitled to terminate the contract if the other party destroys any piece of furniture. A destroys a desk. B wishes to terminate the contract. Which term would be most beneficial for B to rely on?

The condition requiring A to take care of the office furniture.

The express termination clause.

. A breaks a condition in his contract with B that he will provide IT support to B's business whenever it is required. B gives A a telling off, but does not get rid of him. In subsequent weeks, A breaks numerous warranties in his contract. B loses his temper and decides to terminate the contract for A's previous breach of the condition. Is B entitled to do so?

Yes

No

. A purchases a large volume of smoked salmon from B. The salmon is for a party on 6 January and A left delivery until late as she knows fish should normally be consumed within 1 week. The goods are delivered fresh on 1 January 2016. A is not satisfied with the quality of the goods and wishes to exercise her short-term right to reject. By what date must she exercise that right?

2 January

6 January

8 January

31 January

. A emails his contract law students offering £100 to any of them who get above 80% in their coursework. What approach would a court take to evaluating the terms in this promise?

The terms may be conditions, innominate terms or warranties depending on how the promise is interpreted.

The terms may be conditions, innominate terms or warranties depending on how case law has previously treated such promises.

The terms may be conditions, innominate terms, or warranties depending whether there are any relevant statutory provisions on the subject.

None of the options given are correct.

. A contracts with B to recarpet B's sitting room for £100. A recarpets the sitting room in a slightly different shade of yellow to the one which B stipulated. Is a court likely to find that B owes A £100?

Yes

No

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