Chapter 2 Self-test questions

Chapter 2 Self-test questions

Agreement Problems

Quiz Content

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. A 'lockout' agreement, preventing a party from negotiating with any third party, even if no time limit is specified for those negotiations, is likely to be upheld by a court as enforceable due to the courts placing an implied duty on a party who had agreed to the lockout to negotiate in good faith with the party to that lockout for a reasonable period of time.

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. The courts are able to imply a term that the price should be a 'reasonable price' whenever the price-fixing mechanism has not been implemented.

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. Which one of the following statements most accurately summarises the decision in Sudbrook Trading Estate Ltd v Eggleton [1983] 1 AC 444?

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. In both Scammell & Nephew Ltd v Ouston [1941] AC 251 and British Steel Corp v Cleveland Bridge & Engineering Co [1984] 1 All ER 504, the contract was held to be void because the parties in both cases had failed to agree upon several essential aspects of the contract.

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. Where an inessential term of the contract suffers from vagueness, it may be possible to sever that term and enforce the rest of the contract.

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. Which one of the following agreements is probably void because of vagueness or uncertainty?

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. Which one of the following statements relating to 'agreement mistake' is true?

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. A, presenting himself as a well-known figure, C, reaches a contract with B over the phone. B believes that he is contracting with C. When B later discovers the fraud, he claims that the contract is void for his mistake as to the other party's identity but he is unsure which legal authority he should cite. Which one of the following pieces of advice given to B is true?

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. Which one of the following cases is authority for the principle that cases concerning 'mistake of identity' should be resolved by the application of an objective test, employing the standard rules of offer and acceptance?

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. A owns an Internet jewellery business, where goods can only be acquired on hire purchase terms. B clicks on the A's website and selects a pearl necklace (valued at £10,000). When asked to choose a 'method of payment', B clicks on the 'Cash' button. In accordance with the conditions of the website, B is now prompted to answer the following series of questions: name; address; National Insurance number; bank account details; passport details (N.B. any 'payment in cash' will only be requested after delivery of the item has taken place). Because B recently burgled C's home, he is able to answer all of the above questions as though he was C. A's website automatically carries out a credit check on C and, satisfied with the answers, the pearl necklace is dispatched to C. B is able to intercept the delivery of the necklace and immediately pawns it to D. Which one of the following statements most accurately reflects A's rights?

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