Chapter 4: MCQs

Consideration and estoppel

Quiz Content

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. Match the definition to the doctrine.

A benefit to one party or a burden to the other party.

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A party seeks to deny a previous false statement of fact that was relied upon by the other party.

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A party tries to act inconsistently with his promise, upon which the other party relied.

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A threat to breach a contract if the other party does not promise to pay more money.

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. An agreement to marry is no longer good consideration for a promise after it was abolished by s. 1 of the ……… Act 1970.

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. James leads an expedition to the Arctic Circle, where his team get stuck. Fortunately, they stumble across another expedition, which agrees to tow them back to safety in return for the rest of their provisions. Halfway towards safety, the rescuers demand that James' team also give up their fur jackets and other equipment once they are safe or else they will be abandoned immediately. James reluctantly agrees, but then refuses to hand over the furs and equipment when safe. Are the rescuers contractually entitled to the furs and equipment?

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. Which of the following statements are included in s. 71 of the American Law Institute's 2nd Restatement of Contracts? Please select all that apply.

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. The law of contract supports promises supported by past consideration.

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. Performance of a contractual obligation owed to a ……… constitutes good consideration for a promise.

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. Felicity borrowed £15,000 from Meanies Bank plc to pay her way through university. She has taken out four credit cards and failed to meet her minimum payments, and so Meanies is worried that it will never get its money back. Meanies offers her a deal under which it will cancel her debt if she pays £200 a month for 48 months (a total of £9,600). Felicity is keen to keep on good terms with the bank and pay off her debts without going bankrupt, and so she accepts, but at the end of the four years, Meanies claims the full amount of the debt.

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. Professor Atiyah argued that? Please select all that apply.

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. The rule that consideration must move from the promisee means that the benefit or detriment must be conferred or suffered by the promisee, and not a third party.

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. The promise in Chappell v Nestlé (1960) was supported by consideration because the wrappers had been ……… by Nestlé as the price of its promise.

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. What did Denning LJ mean when he said, in Combe v Combe (1951), that the doctrine of consideration was 'too firmly fixed to be overthrown by a side wind'?

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. Performance of a pre-existing public duty (please select all that apply):

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. A promise by A to perform an act that A is already obliged to perform for B can form good consideration for C's promise to A.

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. A ……… party is not a party to the contract but may receive certain benefits under the contract.

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. In a unilateral contract, one is only looking for consideration moving from one side.

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. Consideration given by A is the price for B's ………, because the consideration must be requested by B as part of a bargain between A and B.

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