Remedies Exam Revision 20 Questions

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Remdies Revision Questions from the 20 questions given to us by Scott


Questions and Answers
  • 1. 
    • A. 

      Losses which arise naturally from the breach of contract

    • B. 

      Losses which are in both parties’ contemplation as a probable result of its breach

    • C. 

      Losses which arise naturally from the breach of contract or which are in both parties’ contemplation as a probable result of its breach

    • D. 

      Losses which are reasonably foreseen by both parties at the time the contract is made

  • 2. 
    Where damages are awarded for losses which must be expressly proved or ascertained, these are known as:
    • A. 

      General damages

    • B. 

      Nominal damages

    • C. 

      Special damage

    • D. 

      Exemplary damage

  • 3. 
    Which of the following statements is correct?
    • A. 

      A breach of a condition entitles an innocent party to repudiate a contract unless he has accepted the breach.

    • B. 

      A breach of a condition entitles an innocent party to repudiate a contract whether or not the breach has been accepted.

    • C. 

      A breach of a condition entitles an innocent party to recover damages only.

    • D. 

      A breach of a condition or warranty entitles the innocent party to damages only

  • 4. 
    One party has been induced to enter a contract by a negligent misrepresentation of the other party.    Which of the following is not correct?  
    • A. 

      If rescission is available, damages in lieu may be awarded at the court’s discretion under the Misrepresentation Act 1967.

    • B. 

      Rescission cannot be awarded if it is impossible to return the parties to their pre-contract position.

    • C. 

      Despite being the victim of a misrepresentation, the misrepresentee may affirm the contract.

    • D. 

      For this type of misrepresentation, damages may be obtained under the tort of negligence but not under the Misrepresentation Act 1967

  • 5. 
    Which one of the following cases is associated with the establishing of damages being awarded for negligent misrepresentation?
    • A. 

      Long v Lloyd

    • B. 

      Leaf v International Galleries

    • C. 

      Hedley Byrne v Heller and Partners

    • D. 

      Armstrong v Jackson

  • 6. 
    In ordinary commercial contracts for the sale of goods, with respect to delivery which one of the following relating to time is correct? Time is -
    • A. 

      Prima facie of the essence

    • B. 

      Of the essence

    • C. 

      Never of the essence

    • D. 

      Can never be made of the essence

  • 7. 
    A defendant may take one or, on occasions, more than one of the following steps on receipt of a claimant’s Particulars of Claim. Which of the following steps may a defendant not initially take?
    • A. 

      File a Defence

    • B. 

      File and Acknowledgement of Service

    • C. 

      File and Admission

    • D. 

      File a Request for Further Information to the Particulars of Claim

  • 8. 
    • A. 

      A contract for the sale of goods

    • B. 

      A contract for the supply of services

    • C. 

      A contract involving work and materials

    • D. 

      A contract which can be divided into two component parts of sale of goods and supply and services

  • 9. 
    Which of the following is not capable of amounting to a claim in the law of Restitution?
    • A. 

      A claim for total failure of consideration

    • B. 

      A claim for a quantum meruit

    • C. 

      A claim for damages

    • D. 

      A claim for a frustrated contract

  • 10. 
    Which of the following is not a maxim of equity?
    • A. 

      Delay defeats equities

    • B. 

      Equity abhors a vacuum

    • C. 

      Equity follows the law

    • D. 

      Equity looks on as done that which ought to be done

  • 11. 
    The type of damages in tort awarded for loss which the claimant must expressly prove he has suffered are called:
    • A. 

      Special Damages

    • B. 

      General Damages

    • C. 

      Normal Damages

    • D. 

      Nominal Damages

  • 12. 
    The minimum period of time that an employee must have worked for an employer in order to bring an action for unfair dismissal is:
    • A. 

      Two years

    • B. 

      One year

    • C. 

      Six Months

    • D. 

      There is no period of time

  • 13. 
    Which section of the Sale of Goods Act 1979 implies a term into sales of goods contracts where the seller acts in the course of a business that the goods will be reasonably fit for purpose?
    • A. 

      S.12

    • B. 

      S.13

    • C. 

      S.14(2)

    • D. 

      S.14(3)

  • 14. 
    Which of the following is not an example of an injunction?
    • A. 

      Search Order

    • B. 

      Freezing Order

    • C. 

      Quia timet Injunction

    • D. 

      Amamus Injunction

  • 15. 
    An order for specific performance will usually be granted if which one of the following types of contract is breached?
    • A. 

      Contract of employment

    • B. 

      Contract for the sale of shares in private company

    • C. 

      Contract for the sale of shares in a public company

    • D. 

      Contract for the sale of goods where the goods are in ready supply

  • 16. 
    • A. 

      It quashes a decision taken by a public authority

    • B. 

      It can be used in conjunction with human rights claims for damages

    • C. 

      It requires a public authority to act

    • D. 

      It is a prerogative public law remedy

  • 17. 
    • A. 

      Misrepresentation originates from the tort of deceit

    • B. 

      The Misrepresentation Act 1967 established a third type of misrepresentation

    • C. 

      The Misrepresentation Act 1967 retained the need for the claimant to prove negligent misrepresentation

    • D. 

      No special relationship needs to be established in order to succeed with a negligence claim.

  • 18. 
    Which one of the following cannot justify the dismissal of an employee?
    • A. 

      The employee's incompetence

    • B. 

      The employee's misconduct

    • C. 

      The employee's inability to do the job without contravening a statute

    • D. 

      That the employee proposes to join an independent trade union

  • 19. 
    An Anton Pillar order is also described as which one of the following?
    • A. 

      An interim injunction order

    • B. 

      A prohibitory injunction order

    • C. 

      A search order

    • D. 

      A perpetual injunction order. The innocent party need perform no further contactual obligations

  • 20. 
    Which one of the following is not an equitable remedy?
    • A. 

      Damages

    • B. 

      Rescission

    • C. 

      Rectification

    • D. 

      Injunction