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 An innominate term is one that could either be classified as a condition or a warranty.  

How is the classification of an innominate term as a condition or a warranty determined? 

A

 By the operation of statute law 

B

 By the offeror 

C

By the courts 

D

By the offeree 

 Which of the following statements concerning exclusion clauses is correct? 

A

 Exclusion clauses can be incorporated into a contract after the contract is formed 

B

Exclusion clauses are interpreted by the courts strictly 

C

Exclusion clauses are not regulated by statute 

D

 Exclusion clauses may not exclude liability for negligence 

Which of the following exclusion clauses is void under the Unfair Contract Terms Act 1977? 

A

A clause that excludes the condition that the seller has a right to sell the goods 

B

A clause that excludes liability for loss of profit due to negligence 

C

 A clause that excludes liability for breach of contract 

D

 Any exclusion clause in a contract of insurance 

Which of the following statements concerning the Consumer Rights Act 2015 is correct? 

A

 The Act only applies to business-to-consumer contracts 

B

 The Act only applies to terms that have been individually negotiated 

C

 The Act requires particularly onerous terms to be equally visible as other terms 

D

 The Act only applies to contracts that have been verbally agreed 

Which of the following statements concerning the incorporation of terms into contracts is correct?

A

A history of consistent dealings between the parties is not sufficient to incorporate terms into a contract

B

Particularly unusual or onerous terms in a contract must be sufficiently highlighted

C

A person is not bound by a contract they have signed if they have not read it

A term may be implied into a contract by

(i) Statute

(ii) Trade practice, unless an express term overrides it

(iii) The court, to provide for events not contemplated by the parties

(iv) The court, to give effect to a term which the parties had agreed upon but failed to express because it was obvious

(v) The court, to override an express term which is contrary to normal custom

A

(ii) and (iii) only

B

 (i), (ii) and (iv) only

C

(i), (iv) and (v) only

D

(i), (ii), (iv) and (v) only

Which of the following actions can a party take where a term of a contract proves untrue? 

A

 Sue for breach of contract 

B

 Sue for misrepresentation 

C

 Sue for wrongful contract 

 Which of the following statements is true regarding representations? 

A

 A representation is not a term of a contract 

B

 A representation does not induce the formation of a contract 

C

A representation is a statement made after a contract was formed 

Which of the following statements regarding implied terms is correct? 

A

Terms may be implied into a contract by statute 

B

 The courts do not interfere in contracts by implying terms 

C

Terms implied into contracts by custom may not be overridden by express terms to the contrary 

In relation to contract law, which of the following describes a warranty? 

A

A term vital to the contract, that if breached, entitles the injured party to treat the contract as discharged 

B

 A term subsidiary to the main purpose of the contract, that if breached, entitles the injured party to claim damages 

C

 A term that is not expressly stated by the parties