Question 1

Which of the following is a contract breaker not liable for?

Accepted Answer

A)  Displeasure 
B)  Vexation 
C)  Mental harm 
D)  Damage to reputation 
A)  Displeasure 
B)  Vexation 
C)  Mental harm 
D)  Damage to reputation

Question 2

What is the purpose of awarding damages as a remedy?

Accepted Answer

The purpose of awarding damages as a rem

Question 3

As a general rule, dismissal from a position of employment can give rise to a claim for mental distress?

Accepted Answer

A) True 
 B)False

Question 4

Why do parties utilise a liquidated damages clause?

Accepted Answer

Parties utilize a liquidated damages cla

Question 5

Damages can be awarded for physical inconvenience and discomfort.

Accepted Answer

A) True 
 B)False

Question 6

In Ruxley Electronics and Construction Ltd v Forsyth why did the court not award the full cost of cure?

Accepted Answer

In the case of *Ruxley Electronics and C

Question 7

Does the recognition of 'loss of amenity' represent a useful development in the law of damages?

Accepted Answer

The recognition of 'loss of amenity' in

Question 8

In Schuler v Wickman the House of Lords saw fit to disregard the labelling of a contractual terms as a 'condition' as the contract could not be interpreted in such a way as to accord with this.

Accepted Answer

A) True 
 B)False

Question 9

English contract law does not award punitive damages.

Accepted Answer

A) True 
 B)False

Question 10

How did the Law Reform (Frustrated Contracts) Act 1943 affect the rules on compensation for frustration?

Accepted Answer

A)  Confirmed that a total failure of consideration is needed for recovery of money paid 
B)  Created an exception to the rules of restitution as to recovery for frustration 
C)  Changed nothing 
D)  Abolished recovery of money in restitution 
A)  Confirmed that a total failure of consideration is needed for recovery of money paid 
B)  Created an exception to the rules of restitution as to recovery for frustration 
C)  Changed nothing 
D)  Abolished recovery of money in restitution

Question 11

Why does English law place damages above all other remedies?

Accepted Answer

English law places damages above all oth

Question 12

Could any remedies usefully be added to those already available under English law?

Accepted Answer

The question of whether any remedies cou

Question 13

What categories of non-pecuniary loss are recognised by the law?

Accepted Answer

Non-pecuniary loss, also known as non-ec

Question 14

What is meant by 'total failure of consideration'?

Accepted Answer

A)  That no value has been provided by a contractual party 
B)  That the parties did not properly consider the contract 
C)  That a party has failed to perform fully 
D)  That the contract is void 
A)  That no value has been provided by a contractual party 
B)  That the parties did not properly consider the contract 
C)  That a party has failed to perform fully 
D)  That the contract is void

Question 15

What is the 'reliance interest'?

Accepted Answer

The 'reliance interest' is a legal conce

Question 16

Which of the following types of loss is normally not recoverable for breach of contract?

Accepted Answer

A)  Loss of profit 
B)  Loss of expenditure 
C)  Disappointment 
D)  Consequential Loss 
A)  Loss of profit 
B)  Loss of expenditure 
C)  Disappointment 
D)  Consequential Loss

Question 17

Jason, a celebrated actor, is hired by Vanderbol TV to star in a new drama. While negotiations are taking place, Vanderbol goes into considerable expense in finding a suitable on-screen partner to Jason, with his knowledge. If Jason breaches the contract Vandermol could:

Accepted Answer

A)  Claim damages for loss including pre-contractual expenditure 
B)  Claim damages for loss covering expenditure after the signing of the contract 
C)  Claim for loss of profits 
D)  Not be able to claim for any loss 
A)  Claim damages for loss including pre-contractual expenditure 
B)  Claim damages for loss covering expenditure after the signing of the contract 
C)  Claim for loss of profits 
D)  Not be able to claim for any loss

Question 18

Terms implied by the Sale of Goods Act are categorised as conditions and warranties.

Accepted Answer

A) True 
 B)False

Question 19

In Arcos Ltd v EA Ronaasen & Son a contract was held not discharged because the timber supplied was 1/8 of an inch thicker than agreed, despite being usable for its intended purpose.

Accepted Answer

A) True 
 B)False

Question 20

In Re Moore & Co and Landauer & Co a contract was held not to be discharged because the canned food was not packaged as agreed.

Accepted Answer

A) True 
 B)False

Which of the following is a contract breaker not liable for?

What is the purpose of awarding damages as a remedy?

As a general rule, dismissal from a position of employment can give rise to a claim for mental distress?

Why do parties utilise a liquidated damages clause?

Damages can be awarded for physical inconvenience and discomfort.

In Ruxley Electronics and Construction Ltd v Forsyth why did the court not award the full cost of cure?

Does the recognition of 'loss of amenity' represent a useful development in the law of damages?

In Schuler v Wickman the House of Lords saw fit to disregard the labelling of a contractual terms as a 'condition' as the contract could not be interpreted in such a way as to accord with this.

English contract law does not award punitive damages.

How did the Law Reform (Frustrated Contracts) Act 1943 affect the rules on compensation for frustration?

Why does English law place damages above all other remedies?

Could any remedies usefully be added to those already available under English law?

What categories of non-pecuniary loss are recognised by the law?

What is meant by 'total failure of consideration'?

What is the 'reliance interest'?

Which of the following types of loss is normally not recoverable for breach of contract?

Jason, a celebrated actor, is hired by Vanderbol TV to star in a new drama. While negotiations are taking place, Vanderbol goes into considerable expense in finding a suitable on-screen partner to Jason, with his knowledge. If Jason breaches the contract Vandermol could:

Terms implied by the Sale of Goods Act are categorised as conditions and warranties.

In Arcos Ltd v EA Ronaasen & Son a contract was held not discharged because the timber supplied was 1/8 of an inch thicker than agreed, despite being usable for its intended purpose.

In Re Moore & Co and Landauer & Co a contract was held not to be discharged because the canned food was not packaged as agreed.

Introduction

Forming the Agreement

Consideration and Other Tests of Enforceability

Intention to Create Legal Relations

Privity

The Contents of the Contract

Clauses Excluding or Limiting Liability

Misrepresentation

Mistake

Duress

Undue Influence

Illegality and Public Policy

Frustration

Discharge by Performance or Breach

Filters

Exam 15: Remedies and Restitution

Which of the following is a contract breaker not liable for?

What is the purpose of awarding damages as a remedy?

As a general rule, dismissal from a position of employment can give rise to a claim for mental distress?

Why do parties utilise a liquidated damages clause?

Damages can be awarded for physical inconvenience and discomfort.

In Ruxley Electronics and Construction Ltd v Forsyth why did the court not award the full cost of cure?

Does the recognition of 'loss of amenity' represent a useful development in the law of damages?

In Schuler v Wickman the House of Lords saw fit to disregard the labelling of a contractual terms as a 'condition' as the contract could not be interpreted in such a way as to accord with this.

English contract law does not award punitive damages.

How did the Law Reform (Frustrated Contracts) Act 1943 affect the rules on compensation for frustration?

Why does English law place damages above all other remedies?

Could any remedies usefully be added to those already available under English law?

What categories of non-pecuniary loss are recognised by the law?

What is meant by 'total failure of consideration'?

What is the 'reliance interest'?

Which of the following types of loss is normally not recoverable for breach of contract?

Jason, a celebrated actor, is hired by Vanderbol TV to star in a new drama. While negotiations are taking place, Vanderbol goes into considerable expense in finding a suitable on-screen partner to Jason, with his knowledge. If Jason breaches the contract Vandermol could:

Terms implied by the Sale of Goods Act are categorised as conditions and warranties.

In Arcos Ltd v EA Ronaasen & Son a contract was held not discharged because the timber supplied was 1/8 of an inch thicker than agreed, despite being usable for its intended purpose.

In Re Moore & Co and Landauer & Co a contract was held not to be discharged because the canned food was not packaged as agreed.

Introduction

Forming the Agreement

Consideration and Other Tests of Enforceability

Intention to Create Legal Relations

Privity

The Contents of the Contract

Clauses Excluding or Limiting Liability

Misrepresentation

Mistake

Duress

Undue Influence

Illegality and Public Policy

Frustration

Discharge by Performance or Breach

Filters