Flori 5_LAB

Which of the following is not a type of misrepresentation?

• Fraudulent

• Negligent

• Voidable

• Innocent

Which of the following is not a type of mistake?

• Unilateral

• Bilateral

• Common

• Mutual

Terms may be implied by...

• Courts

• Statute law

• Courts, statute law and trade custom

• Courts and trade custom

Which of the following statements is correct?

• A condition is a vital/fundamental term that goes to the root of the contract

• A warrantee is a minor or incidental term that is secondary to the main aim of the contract

• An innominate term is a term which the parties are not likely to have intended to be either a condition or a warranty when the contract was formed; it is a term that may be broken in a serious or trivial way, so the remedy should depend on the severity of the breach

• All of the above

Which of the following statements is correct?

The remedy for a breach of a warrantee is…

• a.      Claiming damages only

• b.      Terminating the contract and claiming damages

• c.      Decided by judges based on their preference

• d.      None of the above

Where a supplier supplies services in the course of a business, which of the following are implied into the contract?

• The supplier will carry out the service with reasonable care and skill.

• If no time is fixed, the work will be carried out within a reasonable time.

• If no price is fixed, the price charged will be reasonable.

• All of the above

What are the rights of consumers, when buying at a distance or off-premises, to change their minds and cancel orders (the cooling-off periods)?

• The consumer has a 7-day cooling-off period during which he can change his mind and cancel the contract with the trader

• The consumer has a 14-day cooling-off period during which he can change his mind and cancel the contract with the trader

• The consumer has a 28-day cooling-off period during which he can change his mind and cancel the contract with the trader

• The Courts will decide the reasonable cooling-off period based on the individual merits of each case

Which of the following types of contracts are not excluded from cancellation rights?

• Customised goods that are built-to-order

• Goods which by nature will perish or damage rapidly

• Contracts of service where the service has not yet been performed

• Sealed software or sealed audio-visual products which have been unsealed

Which of the following statements is correct?

• The contra proferentem rule states that where there is doubt about the meaning of the contract, the words will be construed against the person who put them forward

• The contra proferentem rule states that where there is doubt about the meaning of the contract, the words will be construed for the person who put them forward

• The contra proferentem rule states that where there is doubt about the meaning of the contract, the court will interpret the meaning of the words that are in dispute

• The contra proferentem rule states that where there is doubt about the meaning of the contract, the parties are able to terminate the contract and walk away without loss