Quiz Contractual Terms I

hard

Question 1 / 30

What is electronic contracting?

Choosing a means of forming a contract

Offer in writing or by electronic means

Negotiating the terms of a contract by electronic means

An automated process of entering into contract via the parties computers, whether networked or through electronic messaging

Acceptance to terms and conditions in writing or by electronic communications

hard

Question 2 / 30

What did the court hold in Thornton v Shoe Lane Parking [1971]?

That terms on the backs of tickets are perfectly valid

That an offer is made by the presence of a ticket machine

That a clause cannot be incorporated after a contract has been concluded without reasonable notice before

That a contract is concluded after you leave the car park

That all tickets should state the conditions on the reverse side

expert

Question 3 / 30

What has an Internet Service Provider been likened too?

Supermarket

Fishmongers

Post office

Bakery

Nail Bar

hard

Question 4 / 30

Which of these is not a way of incorporating terms by electronic means?

By email communications

By clicking 'I agree'

By checking a box or linking to hyperlinked pages with terms and conditions

By sending a letter in reply to an email

By ticking the terms we prefer

hard

Question 5 / 30

What is a term?

A commercial contract

Parties and contract purposes

Every single agreement within a contract

The service/goods to be delivered

Warrenties

hard

Question 6 / 30

Is a representation a term of the contract?

Yes

Sometimes

hard

Question 7 / 30

Which of these is not an example of express terms?

Written statements

Signed agreements

Statutes

expert

Question 8 / 30

What did the case of Routledge v McKay hold?

That whether or not something is a term depends on the intention of the parties

That if there is a time gap then the statement is a representation

That if one party has specialist knowledge or skill the statement is a term

That where a promise could not have been entered into without the statement that it was a term

That where the statement is hollow it is a representation

hard

Question 9 / 30

Which case held that where one party has specialist knowledge or skill the statement is likely to be a term?

Routledge v McKay (1954)

Kum v Wah Tat

Dick Bentley Productions v Harold Smith Motor Ltd (1965)

Hutton v Warren

Roland v Victor

expert

Question 10 / 30

What is the remedy for broken terms?

Action for misrepresentation

Damages

Specific Performance

Action for breach of contract

hard

Question 11 / 30

What are express terms?

An expression

An agreement

All written terms

Everything expressly agreed

The parol evidence rule

hard

Question 12 / 30

What is the parol evidence rule?

That collateral contracts do not contain all terms

Everything expressly agreed

That written contracts can be altered by other evidence

That parol evidence cannot be admitted to prove that a term had been omitted from a written contract

That parol evidence can always be admitted to prove the existence of other terms

expert

Question 13 / 30

Which case held that collateral contracts are an exception to the parol evidence rule?

Jacobs v Batavia [1924]

City and Westminster Properties (1934) Ltd v Mudd [1958]

Poussard v Spiers

Bunge v Tradax

Offey v Marlborough

expert

Question 14 / 30

Which of these is not an exception to the parol evidence rule?

Collateral contracts

Custom

Evidence as to supplementary terms (where the contract is partly written and partly oral)

Statutes

Operation of the contract

hard

Question 15 / 30

Which of these is not a form of implied terms?

Statutes

Courts

Custom

Law

Parol evidence rule

expert

Question 16 / 30

What does s. 13 (1) of the Sales of Goods Act 1979 relate to?

The sellers right to sell

Satisfactory quality

Fitness for purpose

Correspondence with description

Correspondence with sample

expert

Question 17 / 30

Which case relates to local custom and trade usage?

Thornton v Shoe Lane Parking

Routledge v McKay

Dick Bentley

Hutton v Warren [1936]

Roland v Victor

hard

Question 18 / 30

What does FOB stand for?

Force on boats

Favourite or best

Funny or boring

Favourite on board

Force on board

expert

Question 19 / 30

Which of these cases relates to terms implied by law?

Rogers v Parish Ltd (1987)

Walker

Hutton v Warren

Roland v Victor (1923)

City v Mudd

expert

Question 20 / 30

Which case relates to the satisfactory quality of goods?

Roland v Victor (1923)

R & B v UDT

Hong Kong Fir Shipping

Beltini v Gye

Rogers v Parish Ltd (1987)

hard

Question 21 / 30

What is the business efficacy test?

Terms implied in fact

Terms implied in law

That if whilst making the transaction an officious bystander would suggest some term and both parties would suppress him with an 'o of course'

That in business transactions the law desires that there was business efficacy which must have been intended

That ships should always be contracted with business efficacy

hard

Question 22 / 30

What is the officious bystander test?

That in business transactions the law desires that there was business efficacy which must have been intended

That terms are implied by the product description

That whilst making the transaction an officious bystander might suggest a term which the parties would suppress with an 'o of course'

That whilst making the transaction an officious bystander might suggest some term which the parties would then incorporate

Whether the courts think a reasonable person would see a term as reasonable

expert

Question 23 / 30

What term did the courts imply in The Moorkcock (1889)?

That there was an implied term that the jety was fit for purpose

That there was an implied term that in the case of any damage to the ship compensation would be payable

That there was an implied term that at low tide the ship would rest on the middle bed

That there was an implied term that necessary in order for the contract to function

That there was an implied term that employment on board the ship would be found

hard

Question 24 / 30

Which case implied a term in law?

Liverpool City Council v Irwin [1978]

Thornton v Shoe Lane Parking

Routledge v McKay

Dick Bently

Hutton v Warren

expert

Question 25 / 30

Why was there no breach in Shirlaw v Southern Foundaries (1926)?

Because the claimant had been employed for 10 years

Because the companies articles of association were altered

Because the claimant was only sacked as a director and not a managing director

Because they sacked the claimant

Because there was a contradiction

expert

Question 26 / 30

Which case gave rise to the business efficacy test?

The Moorcock (1889)

Shirlaw v Southern Foundaries (1926)

Kum v Wah Tat Bank

Roland v Victor

Rogers v Parish

hard

Question 27 / 30

Which section of the Sales of Goods Act 1979 relates to fitness for purpose?

expert

Question 28 / 30

What made the contract in Roland v Victor (1923) void?

The dealer had sold a stolen car

That there were faults that made the car undrivabkle

That the car had aesthetic faults

That the boat had broken on low tide

That the car had a scratch

expert

Question 29 / 30

How many tests are there for terms implied in fact?

expert

Question 30 / 30

What did the case of Kum v Wah Tat Bank [1971] hold?

That express terms prevail over implied terms

That extrinsic evidence of custom and usage is omisable

That terms implied by custom must be excepted generally to those in trade and an outsider who makes a reasonable inquiry

That there is local custom and trade usage

That CIF and FOB terms should always be implied

A mistake in this Quiz ? Contact the author

Quiz Contractual Terms I

What is electronic contracting?

What did the court hold in Thornton v Shoe Lane Parking [1971]?

What has an Internet Service Provider been likened too?

Which of these is not a way of incorporating terms by electronic means?

What is a term?

Is a representation a term of the contract?

Which of these is not an example of express terms?

What did the case of Routledge v McKay hold?

Which case held that where one party has specialist knowledge or skill the statement is likely to be a term?

What is the remedy for broken terms?

What are express terms?

What is the parol evidence rule?

Which case held that collateral contracts are an exception to the parol evidence rule?

Which of these is not an exception to the parol evidence rule?

Which of these is not a form of implied terms?

What does s. 13 (1) of the Sales of Goods Act 1979 relate to?

Which case relates to local custom and trade usage?

What does FOB stand for?

Which of these cases relates to terms implied by law?

Which case relates to the satisfactory quality of goods?

What is the business efficacy test?

What is the officious bystander test?

What term did the courts imply in The Moorkcock (1889)?

Which case implied a term in law?

Why was there no breach in Shirlaw v Southern Foundaries (1926)?

Which case gave rise to the business efficacy test?

Which section of the Sales of Goods Act 1979 relates to fitness for purpose?

What made the contract in Roland v Victor (1923) void?

How many tests are there for terms implied in fact?

What did the case of Kum v Wah Tat Bank [1971] hold?

Latest quizzes & tests

Mobile & social networks

Professionals

About us