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Chapter 6 Self-test questions
Essential features of a valid contract 2: consideration, intention to create legal relations, and certainty of terms
Quiz Content
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The 'bargain element' feature of a valid contract is _____________.
Your response
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Which of the following are essential features of a valid simple contract?
Offer and acceptance only.
correct
incorrect
Offer, acceptance and consideration only.
correct
incorrect
Offer, acceptance, privity, certainty and duress only.
correct
incorrect
Offer, acceptance, consideration, intention to create legal relations and certainty of terms.
correct
incorrect
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Consideration in contract law requires the offeree to ensure the correct formalities of the agreement are written in a document.
True
correct
incorrect
False
correct
incorrect
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Consideration must move from the _______.
Your response
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Consideration, an essential element in the formation of a valid contract, may be identified as:
The need for fairness in the contract.
correct
incorrect
The intention of the parties to be legally bound.
correct
incorrect
A balance in the terms of the agreement.
correct
incorrect
The 'bargain' element of a contract.
correct
incorrect
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Consideration, provided in return for a promise, must move from the promise.
True
correct
incorrect
False
correct
incorrect
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A unilateral contract, where one party makes a promise in return for an act by the other party, involves ________ consideration.
Your response
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Which of the following is an example of good consideration?
Exceeding an existing duty.
correct
incorrect
Part-payment of a debt.
correct
incorrect
Performing an existing duty.
correct
incorrect
Agreeing to pay a tenant for improvements already made to a rented property.
correct
incorrect
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Consideration must be sufficient but need not be adequate.
True
correct
incorrect
False
correct
incorrect
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__________ consideration is performed after an offer is made and is an act to be executed in the future. It is an exchange of promises to perform an act, usually seen in bilateral contracts.
Your response
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Intention to create legal relations is presumed in which of the following relationships
:
i) Husband and wife living together.
ii) Parties to a commercial contract.
iii) Husband and wife who are separated.
iv) Friends who are part of a lottery syndicate.
All of the above.
correct
incorrect
ii only.
correct
incorrect
ii, iii and iv.
correct
incorrect
i, ii and iv.
correct
incorrect
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Where part-payment of a debt has been offered and freely accepted by the other party, this will establish good consideration and therefore a binding agreement. Hence, the remainder of the debt may not be later claimed.
True
correct
incorrect
False
correct
incorrect
*
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Consideration must be __________ but need not be adequate.
Your response
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Which of the following does NOT have the right to enforce a contract?
The parties to it.
correct
incorrect
Third parties to an insurance contract in their benefit.
correct
incorrect
Third parties to a contract concerning the carriage of goods.
correct
incorrect
A party subject to a restrictive covenant on land.
correct
incorrect
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Part-payment of a debt will never amount to good consideration which binds the parties.
True
correct
incorrect
False
correct
incorrect
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Where A gives B a lift to work in A's car and at the end of the journey B expresses his thanks and states that he will give A £10 for her trouble, there is no enforceable contract to enforce the £10 payment if none is received. This is because the consideration provided is ____ and this is not, generally, 'good' consideration to enforce a promise.
Your response
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Which of the following cases established the doctrine of promissory estoppel?
Central London Property Trust v High Trees House Ltd
.
correct
incorrect
Combe v Combe
.
correct
incorrect
Foakes v Beer
.
correct
incorrect
Re Selectmove
.
correct
incorrect
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Social and domestic arrangements are generally presumed not as intending to be legally binding unless this is specifically established in the agreement. On the other hand, in business and commercial arrangements, the presumption is that the parties do intend to create legal relations.
True
correct
incorrect
False
correct
incorrect
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The case
Hartley v Ponsonby
demonstrated that where the promisee _______ an existing duty, this will be good consideration to enforce the promise.
Your response
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How would the courts deal with a clause in a contract for the sale of a horse which promised the seller an additional £5 fee if the horse proved to be lucky?
It would be enforced in the same way as any other clause.
correct
incorrect
It would be held as illegal as a gaming contract.
correct
incorrect
The entire contract would be held as unenforceable.
correct
incorrect
The clause would probably be held unenforceable due to lack of certainty.
correct
incorrect
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An example of executed consideration is where an order for a good is made with the promise that payment will be made in the future (for example, when the good is delivered), and the other party promises to deliver the goods ordered and receive the payment.
True
correct
incorrect
False
correct
incorrect
*
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The rule that part-payment of a debt is not good consideration is subject to an equitable defence of _________ ________ which prevents a party who has made a gratuitous promise from reneging.
Your response
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Which one of the following is incorrect? Consideration must be:
Adequate but it should be sufficient.
correct
incorrect
Current and not be past.
correct
incorrect
Quantifiable (having a legal value) but not whimsical.
correct
incorrect
Exchanged after the contract has taken place.
correct
incorrect
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Past consideration is not good consideration, as evidenced in
Re McArdle
.
True
correct
incorrect
False
correct
incorrect
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The doctrine _____ __ _______ establishes that only parties to a contract may sue or be sued on it.
Your response
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Which one of the following shows an intention to be bound?
Binding in 'essence' only.
correct
incorrect
Binding in 'honour' only.
correct
incorrect
This is a 'gentleman's agreement'.
correct
incorrect
A signature on a legal document.
correct
incorrect
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Williams v Roffey Bros. & Nicholls (Contractors) Ltd
is authority for the proposition that performance of an existing duty may be held as good consideration.
True
correct
incorrect
False
correct
incorrect
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Contracts must be correctly drafted and sufficiently detailed in order for the responsibilities of the parties to be identified. If this requirement is not satisfied, the contract may fail due to this lack of ________.
Your response
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Which of the following is NOT necessary for an enforceable contract to exist when supported by past consideration:
The act that is the subject of the contract must have been requested by the promisor.
correct
incorrect
There must have been in the contemplation of both parties that payment would have been made.
correct
incorrect
A written contract detailing the expectation of payment is in existence before the commencement of the act.
correct
incorrect
All the other elements of a valid contract must have existed.
correct
incorrect
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The doctrine of privity of contract provides that where one of the parties has made a gratuitous promise, he/she is estopped from reneging on it.
True
correct
incorrect
False
correct
incorrect
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