Deck 5: Terminology and Linguistic Peculiarities

Question 1

Matching: That in consideration of the right title and interest made in accordance with the aforesaid terms of this deed and in accordance with the conditions
-The first consideration

A) therein so as to constitute each party to this deed the sole and absolute owner of the rights
B) hereinafter mentioned, the parties hereto release and relinquish their interest in the properties allotted
C) hereunder, and each of the said parties
D) hereby conveys to the other his right, title and interest

Answer 1

B

Question 2

Matching: That in consideration of the right title and interest made in accordance with the aforesaid terms of this deed and in accordance with the conditions
-The second consideration

A) therein so as to constitute each party to this deed the sole and absolute owner of the rights
B) hereinafter mentioned, the parties hereto release and relinquish their interest in the properties allotted
C) hereunder, and each of the said parties
D) hereby conveys to the other his right, title and interest

Answer 2

C

Question 3

Matching: That in consideration of the right title and interest made in accordance with the aforesaid terms of this deed and in accordance with the conditions
-The third consideration

A) therein so as to constitute each party to this deed the sole and absolute owner of the rights
B) hereinafter mentioned, the parties hereto release and relinquish their interest in the properties allotted
C) hereunder, and each of the said parties
D) hereby conveys to the other his right, title and interest

Answer 3

D

Question 4

Matching: That in consideration of the right title and interest made in accordance with the aforesaid terms of this deed and in accordance with the conditions
-The fourth consideration

A) therein so as to constitute each party to this deed the sole and absolute owner of the rights
B) hereinafter mentioned, the parties hereto release and relinquish their interest in the properties allotted
C) hereunder, and each of the said parties
D) hereby conveys to the other his right, title and interest

Question 5

Matching: That in consideration of the right title and interest made in accordance with the aforesaid terms of this deed and in accordance with the conditions
-The fifth consideration

A) thereto or concerning
B) therewith, as from the date of this deed. That the original deed of partition shall be retained by first party, at true
C) thereof signed by each party has been delivered to the other said parties
D) hereto who shall be entitled to require production of the original from the first party before any Court or public office of Bank or Insurance company etc it so desired.

Question 6

Matching: That in consideration of the right title and interest made in accordance with the aforesaid terms of this deed and in accordance with the conditions
-The sixth consideration

A) thereto or concerning
B) therewith, as from the date of this deed. That the original deed of partition shall be retained by first party, at true
C) thereof signed by each party has been delivered to the other said parties
D) hereto who shall be entitled to require production of the original from the first party before any Court or public office of Bank or Insurance company etc it so desired.

Question 7

Matching: That in consideration of the right title and interest made in accordance with the aforesaid terms of this deed and in accordance with the conditions
-The seventh consideration

A) thereto or concerning
B) therewith, as from the date of this deed. That the original deed of partition shall be retained by first party, at true
C) thereof signed by each party has been delivered to the other said parties
D) hereto who shall be entitled to require production of the original from the first party before any Court or public office of Bank or Insurance company etc it so desired.

Question 8

Matching: That in consideration of the right title and interest made in accordance with the aforesaid terms of this deed and in accordance with the conditions
-The eighth consideration

A) thereto or concerning
B) therewith, as from the date of this deed. That the original deed of partition shall be retained by first party, at true
C) thereof signed by each party has been delivered to the other said parties
D) hereto who shall be entitled to require production of the original from the first party before any Court or public office of Bank or Insurance company etc it so desired.

Question 9

Matching:
-When buying used cars it is well worth bearing in mind the old principle

A) de facto control of the company.
B) prima facie case.
C) sine die.
D) per se but it is important that any changes are made in a rational and structured manner.
E) caveat emptor.

Question 10

Matching:
-As a result of the dawn raid, Stotcom has acquired enough shares in Norris to have

A) de facto control of the company.
B) prima facie case.
C) sine die.
D) per se but it is important that any changes are made in a rational and structured manner.
E) caveat emptor.

Question 11

Matching:
-We are not opposed to operational changes

A) de facto control of the company.
B) prima facie case.
C) sine die.
D) per se but it is important that any changes are made in a rational and structured manner.
E) caveat emptor.

Question 12

Matching:
-The case was adjourned

A) de facto control of the company.
B) prima facie case.
C) sine die.
D) per se but it is important that any changes are made in a rational and structured manner.
E) caveat emptor.

Question 13

Matching:
-The judge rejected the application because she did not feel that the applicant had made out a

A) de facto control of the company.
B) prima facie case.
C) sine die.
D) per se but it is important that any changes are made in a rational and structured manner.
E) caveat emptor.

Question 14

Matching:
-The clause which deals with circumstances beyond the reasonable control of the parties to the contract is known as a

A) force majeure clause.
B) ab initio because of the parties' mutual mistake.
C) sub judice.
D) modus operandi is unusual but she gets results.
E) inter alia, televisions, laptops, mobile phones, and other appliances.

Question 15

Matching:
-This contract is void

A) force majeure clause.
B) ab initio because of the parties' mutual mistake.
C) sub judice.
D) modus operandi is unusual but she gets results.
E) inter alia, televisions, laptops, mobile phones, and other appliances.

Question 16

Matching:
-The items contained in the list include,

A) force majeure clause.
B) ab initio because of the parties' mutual mistake.
C) sub judice.
D) modus operandi is unusual but she gets results.
E) inter alia, televisions, laptops, mobile phones, and other appliances.

Question 17

Matching:
-force majeure clause.
B) ab initio because of the parties' mutual mistake.
C) sub judice.
D) modus operandi is unusual but she gets results.
E) inter alia, televisions, laptops, mobile phones, and other appliances.

Question 18

Matching:
-I am unable to discuss this matter with you since it is currently

A) force majeure clause.
B) ab initio because of the parties' mutual mistake.
C) sub judice.
D) modus operandi is unusual but she gets results.
E) inter alia, televisions, laptops, mobile phones, and other appliances.

Question 19

The parties (______) the terms of the contract.

A) implemented
B) enforced
C) performed
D) realised

Question 20

Paragraph 13 of the contract was (_____) to mean that all products supplied by Rollop were subject to the warranty contained in paragraph 14(f)

A) defined
B) deemed
C) read
D) construed

Question 21

After paying the final instalment due under clause 12, Bardwell Ltd will be (______) from further liability under the contract.

A) exempt
B) discharged
C) immune
D) ineligible

Question 22

If either party breaches a material term of the contract, the other party may be entitled to (______) the contract.

A) end
B) discharge
C) rescind
D) cancel

Question 23

The (_______) contained in this contract are extremely onerous, and may in fact be illegal.

A) duties
B) responsibilities
C) obligations
D) stipulations

Question 24

A valid contract must contain (_____) promises - one party promises to do something in exchange for a promise to do something made by the other party.

A) mutual
B) shared
C) defined
D) reciprocal

Question 25

If the debtor (_____) on the repayment schedule, it is likely that legal action will be taken.

A) reneges
B) defaults
C) fails
D) lapses

Question 26

In some circumstances, a separate oral agreement between the parties to the contract may constitute a (_____) contract.

A) supplementary
B) collateral
C) additional
D) side

Question 27

The main (_____) where breach of contract has occurred is bringing an action for damages.

A) remedy
B) recourse
C) redress
D) possibility

Question 28

Force majeure clauses are designed to deal with situations in which contracts become (_____) due to circumstances beyond the reasonable control of the parties.

A) impossible
B) infeasible
C) frustrated
D) discharged