c2 - questions Flashcards
Pamela appears on ‘Crimewatch’ and offers £10,000 as a reward for anyone who can provide information leading to the conviction of the thief who stole her family jewels. Not having seen or heard about this particular episode of ‘Crimewatch’, Felicity contacted the police and gave evidence about having seen someone leaving Pamela’s house through a back window. She later identifies this man at an identity parade and he is subsequently convicted.
Can Felicity claim the reward?
a. Yes, because she did what was required
b. Yes, because the felon was successfully convicted on the basis of her evidence
c. No, because she did not know about the reward
d. No, because whether or not she knew about or claimed the reward was irrelevant to the Conviction
C - there can be no acceptance and thus no agreement where the person who accepts an offer is not even aware of the offer
Martine offers to sell her Laser 2000 sailing dinghy to Rupert for £1,500, provided she gets the job for which she has just been interviewed, since that would result in her having to live somewhere too far from sailing facilities. Rupert is delighted and thinks £1,500 is an excellent price. Martine fails to get the job.
Requirement
What is the consequence of Martine failing to get the job?
A The offer is terminated.
B The contract is rendered voidable.
C The contract is rendered unconditional.
D The contract is rendered unenforceable.
A
On Monday, George offers to sell his piano to Hilda for £1,500, to be delivered on Thursday. On Tuesday, Hilda replies, saying that she will only buy the piano if George will delay delivery until the following Monday. George doesn’t reply but sells his piano to Ivy on Thursday.
On Friday, Hilda sees George and accepts his offer. Is there a binding contract between George and Hilda?
A Yes, Hilda’s reply on Tuesday constitutes an acceptance of the offer.
B No, Hilda’s reply on Tuesday constitutes a counter offer which destroys the original offer.
C No, the offer is terminated when George sells the piano to Ivy on Thursday.
D Yes, Hilda’s reply on Tuesday is a request for information only and on Friday she accepts his offer.
B - a counter offer terminates George’s offer
Are the following statements true or false?
If an offer states that it will remain open for three months, the offeror cannot revoke it before three months have passed.
True A
False B
A letter of revocation is effective when posted.
True C
False D
B D
the offeror may still revoke the offer within that 3m period, unless they have bound themselves to keep it open by a separate contract (paid to keep the contract open)
postal rule applies only to acceptance, not revocation
On 28 May, Abigail writes to Gill and offers to sell her all her old accountancy Workbooks for £50. Gillposts a letter together with a cheque for £50 on 1 June saying that she’ll pick them up on 3 June.
However, on 2 June, Abigail discovers that she has failed two of her papers and so sends a letter to Gill saying that the books are no longer for sale. On 3 June, each receives the other’s letter.
Requirements
Does the letter of revocation take effect on 2 June?
Yes A
No B
Does Gill’s acceptance take effect on 3 June?
Yes C
No D
B D
the postal rule does not apply to revocation
the acceptance takes effect when it is posted on 1 June (postal rule)
On Monday, Peter writes to Quentin offering to sell his car to Quentin for £900. Peter’s letter is
received the next day. On Wednesday, Peter posts a letter to Quentin saying that he has changed his mind. Later that day, Quentin speaks to Peter and says that he accepts his offer.
Requirement
Is there a valid contract between Peter and Quentin?
A No, because Peter posted his revocation before Quentin accepted the offer.
B Yes, because Quentin accepts the offer before he receives Peter’s letter of revocation.
C No, because Quentin’s acceptance should have been in writing since the offer was made in
writing.
D Yes, because Quentin’s acceptance is made in a more expeditious manner than the offer.
B - Peter’s revocation is not effective until received by Quentin
Are the following statements true or false?
There is a rebuttable presumption that social, domestic and family arrangements are not intended to be legally binding.
True A
False B
There is an irrebuttable presumption that parties to a commercial agreement intend it to be legally binding.
True C
False D
A D
commercial assumption - legally binding - hard to rebut but still rebuttable
Can the following constitute valid consideration?
The payment of £1 per year as rent for a house
Yes A
No B
A promise by Adam not to pursue his action for breach of contract against Ben, if Ben agrees to do Adam’s accounts for him for 12 months without charge
Yes C
No D
A - rent may not be adequate but it is sufficient therefore valid consideration
C - valid consideration
Zak owes Eve £100. Finding that he has insufficient cash, Zak offers Eve his bicycle worth £90 instead.
Eve accepts.
Requirement
Which of the following statements best describes the legal position as to whether there is valid consideration?
A Yes, Eve was not already entitled to the bicycle so it is sufficient consideration for waiver of the
debt.
B No, the bicycle is not sufficient as it does not match or exceed the value of the debt.
C No, consideration must be in money or money’s worth.
D Yes, a bicycle constitutes sufficient consideration because it has an identifiable value
A - the value of the bike is irrelevant. It is something which Eve was not previously entitled to.
Are the following statements true or false?
To be effective, a revocation of an offer must be made in writing.
True A
False B
To be effective, a revocation can be made by an authorised agent of the offeror.
True C
False D
B - revocation does not need to be in writing. It may also be express or implied. The postal rule does not apply though!
C - revocation must be communicated to the offeree before acceptance, either by the offeror or their agent or a reliable person.
Raheem is visiting Karl’s office. Whilst he is there, he sees a photocopier that Karl no longer needs.
Raheem offers Karl £500 for the photocopier and Karl accepts. Raheem pays Karl, loads the
photocopier into his van and drives away.
Which type of consideration is present in the contract between Raheem and Karl?
A Past
B Executed
C Executive
D Executory
B - payment occurs at the time the contract is made
