Chapter 12 Multiple Choice Questions

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. John is promised £500 to work as a waiter for a New Year's Eve Gala dinner from 6p.m. to 4a.m. At 1a.m., John falls ill and has to go home without completing his shift.

John can claim 70% of his £500 pay in an action for the price, because he worked 70% of his shift. correct incorrect

John cannot claim any of his pay because he failed to perform fully his obligation to work the ten-hour shift, which is not severable. correct incorrect

John can rely on the equitable rule that a worker can claim part of his total pay for each hour worked. correct incorrect

John' pay was too high for a job of this nature and so he cannot claim back any of his pay. correct incorrect

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. The rule in White & Carter (Councils) Ltd v McGregor (1962) is subject to which two main limitations? Please select all that apply.

The claimant can only insist on performing if he can do so without the other party's cooperation. correct incorrect

The right to perform is defeated if the defendant shows that the claimant has no legitimate interest in performing the contract and claiming the full price, rather than accepting the repudiation of the contract and claiming damages. correct incorrect

The claimant can only insist on performing the contract if the defendant has tried to repudiate it in bad faith. correct incorrect

The claimant can insist on performing the contract if the defendant attempts to repudiate the contract within a short space of time from the creation of the contract (to be determined by what is reasonable in all the circumstances). correct incorrect

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. Specific performance is not available if? Please select all that apply.

damages are an adequate remedy. correct incorrect

the contract is one for personal service. correct incorrect

the contract is capable of supervision by the courts. correct incorrect

the parties do not mutually agree to the remedy. correct incorrect

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. Match the description to the legal remedy.

A court orders a householder to pay a builder the sum agreed for the builder erecting a conservatory.

Select an answer choice Specific performance. Claim for damages. Injunction. Action for the price.

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A court orders a builder to pay a sum of money to a householder, because the conservatory is full of leaks and is 20% smaller in area than contracted for.

Select an answer choice Specific performance. Claim for damages. Injunction. Action for the price.

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A court orders a former employee not to disclose trade secrets in breach of his contract of employment.

Select an answer choice Specific performance. Action for the price. Injunction. Claim for damages.

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A court orders an arts dealer to deliver a rare painting, as agreed in a contract.

Select an answer choice Specific performance. Action for the price. Injunction. Claim for damages.

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. The courts have ……… to order specific performance or an injunction.

Your response

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. An ……… injunction gives temporary relief until a full hearing can be arranged.

Your response

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. A claim for the value of work done used to be known as ……….

Your response

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. The modern view of mutuality is that it requires that the remedy of specific performance should be potentially available to both parties at the time the contract is made.

True correct incorrect

False correct incorrect

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. A claimant will be entitled to the price agreed, provided that he has substantially performed his obligations.

True correct incorrect

False correct incorrect

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. Damages were unavailable for Mrs Beswick in Beswick v Beswick (1968) because widows have no right to enforce their deceased husband's wishes to leave money to them.

True correct incorrect

False correct incorrect

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. In Cooperative Insurance Society v Argyll Stores (1997), the House of Lords:

reaffirmed the general rule that specific performance is not available for a promise to carry on a business. correct incorrect

ordered specific performance of the promise to keep the supermarket open during business hours. correct incorrect

based its reasoning on the fact that it was difficult to define the scope of the order requested, and that it would be oppressive to order a party to operate a business under the threat of contempt of court. correct incorrect

based its reasoning on the fact that the supermarket operator had promised to keep the supermarket open, and the shopping centre operator had relied on that promise when deciding to invest in the shopping centre and had represented the supermarket's promise to stay open to other shopkeepers, who themselves had an interest in the supermarket bringing shoppers into the centre. correct incorrect

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. The theory of efficient breach argues that it is better to let a party breach his contract and restrict the other party to damages, than to order specific performance.

True correct incorrect

False correct incorrect

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. A claimant who brings an action for the price is claiming damages for his loss.

True correct incorrect

False correct incorrect

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. A contract for ……… is not normally specifically enforceable, because to do so would be an undue restriction on a person's liberty.

Your response

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. It is a precondition for the remedy of specific performance that damages must be an ……… remedy.

Your response