Q9 Remedies

Question 1

In which situation would ‘Judicial Review’ be appropriate?

A.
Where you need a judge to help resolve a dispute about contract interpretation

B.
Where a public body has acted beyond the scope of its powers

C.
When you need help finding lost property

D.
Where the court is asked to conduct an options appraisal

Answer 1

B.

Where a public body has acted beyond the scope of its powers

Question 2

What term is used to define a contract mechanism that seeks to pre-calculate a financial compensation rate for delay in performance?

A.
Liquidated Damages

B.
Liquid Damages

C.
Assessed Damage

D.
Assessed Damages

Answer 2

A.

Liquidated Damages

Question 3

The doctrine of ‘quantum meruit’ may help to get payment to a supplier in which of the following circumstances?

A.
Where a contract has no provisions about payment or costing of the work done

B.
Where the contract’s payment mechanism does not cover all aspects of the job

C.
Where inflation has adversely affected the value of the prior agreed rates

D.
Where the supplier has failed to deliver any materials or perform any work

Answer 3

A.

Where a contract has no provisions about payment or costing of the work done

Question 4

What is the limitation period for a contract made as a deed?

A.
6 months

B.
6 years

C.
12 months

D.
12 years

Answer 4

D.

12 years

Question 5

Which of the following is not a valid way in which a person can become blocked from exercising a contractual entitlement?

A.
Waiver

B.
Release

C.
Estoppel

D.
Threat of violence

Answer 5

D.

Threat of violence

Question 6

Which of the following cases does not concern the calculation of compensation in tort or contract?

A.
Hadley -v- Baxendale (1854)

B.
Bolton -v- Stone (1951)

C.
Spartan Steel Alloys -v- Martin & Co (Contractors) (1972)

D.
Ruxley Electronics -v- Forsyth (1995)

Answer 6

B.
Bolton -v- Stone (1951)

Bolton -v- Stone concerns cricket balls being hit out of a grounds - and whether that is a tolerable social risk in Nuisance.

Question 7

Which of the following is an incorrect statement about the Limitation Act 1980?

A.
It was amended by the Latent Damage Act 1986

B.
It specifies a 6 year limitation period for breach of contract

C.
It specifies a 3 year time limit for bringing claims in Tort

D.
It specifies a 6 year time period for bringing a claim in Tort (except for claims for personal injury which must be brought within 3 years)

Answer 7

C.

It specifies a 3 year time limit for bringing claims in Tort

Question 8

If you commence a contractual claim against the other party to a contract and they respond by alleging that you have also breached provisions in the contract what is this called?

A.
Counter-claim

B.
Counter-attack

C.
Counter-factual

D.
Counter-intuitive

Answer 8

A.

Counter-claim

Question 9

The claimant’s duty to mitigate their loss is most commonly associated with which type of claim?

A.
Breach of contract

B.
Nuisance

C.
Negligence

D.
Statutory Nuisance

Answer 9

A.

Breach of contract

Question 10

Which of the following is an example of a ‘pure economic loss’?

A.
The cost of repairing physical damage when a building is destroyed by fire caused by a negligently repaired gas cooker.

B.
Loss that is suffered when a building is found to be worth less than it was negligently valued at

C.
Bodily injury suffered when the driver of a car is hit from behind by another vehicle

D.
Devaluation of a property caused by a private nuisance arising from frequent noisy parties.

Answer 10

B.

Loss that is suffered when a building is found to be worth less than it was negligently valued at

Question 11

Section 1 of the Defective Premises Act 1972 does what?

A.
Imposes a duty of care upon a buyer in relation to former owners of dwellings for works carried out to those properties

B.
Imposes a duty of care upon a seller in relation to subsequent owners of dwellings for works carried out to those properties

C.
Imposes a duty of care upon a builder in relation to subsequent owners of dwellings for works carried out to those properties

D.
Imposes a duty of care upon a seller in relation to former owners of dwellings for works carried out to those properties

Answer 11

C.
Imposes a duty of care upon a builder in relation to subsequent owners of dwellings for works carried out to those properties

Question 12

Which cause of action is associated with the following aims of compensation:

“making up for the harm suffered and expense associated with coping with that harm”?

A.
Contract

B.
Tort

C.
Crime

D.
Judicial Review

Answer 12

B.

Tort

Question 13

Which of the following is not a ‘non-pecuniary remedy’

A.
Declaration

B.
Injunction

C.
Judicial Review

D.
Damages

Answer 13

D.
Damages

‘Pecuniary’ means monetary. ‘Damages’ is what the law calls ‘compensation’.

(NOT a non-pecuniary remedy)

Question 14

Spartan Steel & Alloys Ltd -v- Martin & Co (1971) shows what?

A.
That Tort is less generous that Contract in how it sets limits to recovery in damages for the chain of knock-on adverse consequences that can follow from a breach

B.
That Tort is more generous that Contract in how it sets limits to recovery in damages for the chain of knock-on adverse consequences that can follow from a breach

C.
That Contract is less generous that Tort in how it sets limits to recovery in damages for the chain of knock-on adverse consequences that can follow from a breach

D.
That Tort is less generous that Contract in how it sets limits to recovery in damages for the chain of knock-on beneficial consequences that can follow from a breach

Answer 14

A.
That Tort is less generous that Contract in how it sets limits to recovery in damages for the chain of knock-on adverse consequences that can follow from a breach

Question 15

In which part of Tort is recovery for pure economic losses possible?

A.
Breach of contract

B.
Negligence

C.
Negligent Misstatement

D.
Trespass

Answer 15

C.
Negligent Misstatement

breach of contract not tort!

Question 16

What is an injunction?

A.
A command issued by a court that requires a party to a court case to do (or stop doing) something. Failure to comply is a criminal offence because it is a ‘contempt of court’.

B.
A command issued by a court that asks a party to a court case to do (or stop doing) something. Failure to comply is not a criminal offence because it is not a ‘contempt of court’.

C.
A command issued by a court that requires a person who is not party to a court case to do (or stop doing) something. Failure to comply is a criminal offence because it is a ‘contempt of court’.

D.
A command issued by a court that requires a person who is not party to a court case to do (or stop doing) something. Failure to comply is not a criminal offence because it is not a ‘contempt of court’.

Answer 16

A.
A command issued by a court that requires a party to a court case to do (or stop doing) something. Failure to comply is a criminal offence because it is a ‘contempt of court’.

Question 17

Which of the following is not a principle found in the Hadley -v- Baxendale (1854) case?

A.
In contract breach situations the party in breach will be liable for all losses arising from the natural and usual course of events flowing from that breach

B.
In contract breach situations the party in breach will be liable for foreseeable specific losses which the parties would have actually realised might flow from that specific breach

C.
In contract breach situations the party in breach will be liable for all losses which are not considered too remote by the courts

D.
In contract breach situations the party in breach will only ever be liable for losses arising directly from the natural and usual course of events flowing from that breach

Answer 17

D.
In contract breach situations the party in breach will only ever be liable for losses arising directly from the natural and usual course of events flowing from that breach

Question 18

Rescission is a remedy associated with which of the following?

A.
Negligent Misrepresentation

B.
Negligent Misstatement

C.
Property Misdescription

D.
Trespass

Answer 18

A.
Negligent Misrepresentation

Recission = Misrepresentation

Section 2 Misrepresentation Act 1967

Question 19

If I appoint a builder to excavate and install a 2 metre deep swimming pool in my garden and he creates a pool that is only 1.8 metres deep what is my likely remedy?

A.
Compensation amounting to the difference in value of a 1.8m vs a 2m deep swimming pool

B.
Compensation to cover the full cost of building a 2m deep swimming pool (i.e. a total refund of the contract price)

C.
An injunction to force the builder to excavate the remaining 20cm of the base of the pool and thus deliver a 2m deep pool

D.
A declaration pointing out that the builder was required to provide a 2m deep pool under the contract

Answer 19

A.

Compensation amounting to the difference in value of a 1.8m vs a 2m deep swimming pool

Question 20

Which of the following would be unlikely to give you a direct route to compensation in a contract claim for non-performance by a contractor?

A.
Claim under a Performance Bond

B.
Claim under a Parent Company Guarantee

C.
Claim under your Public Liability Insurance

D.
Claim under any Collateral Warranties

Answer 20

C.
Claim under your Public Liability Insurance

Public Liability Insurance only covers your liability to third parties - it does not insure you for failure by others to obey their contractual obligations to you.