Law of Contract – Page 3

BL – Nov 2020 – L1 – SB – Q6b – Law of Contract

Define express terms, implied terms, conditions, and warranties in a contract.

Question

Contractual agreements usually contain terms that are different in nature and importance.

Required:
Define the following terms:
i. Express terms
ii. Implied terms
iii. Conditions
iv. Warranties

Answer

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Tags: Conditions, Contract Terms, Express Terms, Implied Terms, Warranties
Level: Level 1

Topic: Law of Contract
Series: NOV 2020

BL – Nov 2020 – L1 – SB – Q4b – Law of Contract

Define material fact in insurance and list exceptions to disclosure duty.

Question

A contract of insurance is a contract of utmost good faith.

Required:
i. Explain briefly the term “material fact” in a contract of insurance.
ii. State THREE exceptions to the duty of disclosure of material facts.

Answer

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Tags: Disclosure Exceptions, Insurance Contract, Material Fact, Utmost Good Faith
Level: Level 1

Topic: Law of Contract
Series: NOV 2020

BL – Nov 2020 – L1 – SB – Q3b – Law of Contract

Explain the capacity of specific individuals to contract, focusing on drunkenness, insanity, and infant contracts.

Question

i. Capacity to contract is an important element of a legally enforceable contract.

Required:
Explain the capacity of the following persons to enter into a contract:

Drunken person
Insane person

ii. Explain a valid and binding contract on infants.
iii. Explain void contracts by infants.

Answer

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Tags: Binding Contracts, Capacity to Contract, Drunkenness, Infants, Insanity, Void Contracts
Level: Level 1

Topic: Law of Contract
Series: NOV 2020

BL – Nov 2020 – L1 – SB – Q3a – Law of Contract

Discuss how courts assess intent to create legal relations and advise on breach in social and commercial contexts.

Question

i. A contract may be enforced if the parties have an intention to enter into a legally enforceable agreement.

Required:
Explain ONE way by which the courts determine whether or not the parties to an agreement have an intention to create legal relations.

ii. Case Scenario:
‘A’ and ‘B’ entered into an agreement to meet at a gym for their daily physical fitness exercises. ‘B’ forgot about the agreement and kept ‘A’ waiting endlessly. ‘A’ is furious and intends to sue ‘B’ for breach of agreement.

Required:
Advise ‘A’, stating the legal issue involved.

iii. Case Scenario:
‘A’ is a dealer in textile materials. He sold ten bales of textile materials to ‘B,’ his childhood friend. ‘B’ has refused to pay for the ten bales of materials, arguing that he is a friend of ‘A.’

Required:
Advise ‘A,’ who intends to sue ‘B,’ stating the legal issue involved.

iv. Case Scenario:
‘A’ promised to attend a luncheon organized by ‘B.’ ‘B’ spent a lot of money to prepare for the luncheon. ‘A’ did not turn up as agreed. ‘B’ is aggrieved and intends to sue ‘A’ for the cost of the special dish.

Required:
Advise ‘B,’ stating the legal issues involved.

Answer

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Tags: Breach of Agreement, Commercial Agreements, Contract Law, Legal Intention, Social Agreements
Level: Level 1

Topic: Law of Contract
Series: NOV 2020

BL – Nov 2020 – L1 – SA – Q9 – Law of Contract

Objective question on understanding the nature of legally enforceable agreements.

Question

9. A voluntary agreement between two or more persons, which confers legally enforceable rights, duties, and liabilities on the parties is called a/an
A. Contract
B. Offer
C. Guarantee
D. Warranty
E. Condition

Answer

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Tags: Contract, Legal Agreement, Offer and Acceptance, Rights and Duties
Level: Level 1

Topic: Law of Contract
Series: NOV 2020

BL – May 2012 – L1 – SB – Q4B – Law of Contract

Explain the concept of undue influence in contract law.

Question

For a contract to be binding on all the parties to it, it must not be tainted by any vitiating element. Undue influence is one of such vitiating elements.
Required: Explain briefly undue influence as a vitiating element in a contract.

Answer

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Tags: Business Law, Contract Law, Vitiating Elements
Level: Level 1

Topic: Law of Contract
Series: MAY 2012

BL – May 2012 – L1 – SB – Q4A – Law of Contract

Advise on the implications of a contract entered into by a minor.

Question

Samuel, aged 16, is the son of Chief Luke Umeh, a multi-billionaire. Two weeks ago, Samuel drove his father’s 2011 model Jeep vehicle to a car exhibition. At the exhibition, he saw a year 2012 model of the same Jeep and entered into a contract with the manufacturers to buy two of the latest Jeep. The two Jeeps were delivered to Samuel and he drives them to his secondary school to impress his school mates. The manufacturers of the Jeep, Manny Auto Engineering Limited, requested payment for the Jeeps but Samuel refused to pay, claiming that he is an infant. The manufacturers are insisting on full payment for the vehicles by Chief Umeh.
Required: Advise the following parties on the implications of their actions:
(i) The manufacturers;
(ii) Samuel; and
(iii) Chief Luke Umeh.

Answer

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Tags: Business Law, Contract Law, Minors
Level: Level 1

Topic: Law of Contract
Series: MAY 2012

BL – May 2012 – L1 – SA – Q17 – Law of Contract

Identify the term for a claim based on the value of work done.

Question

A party to a contract who claims damages on the basis of work done or as much as he deserves, is said to be claiming on:

Answer

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Tags: Business Law, Contract Law, Quantum Meruit
Level: Level 1

Topic: Law of Contract
Series: MAY 2012

BL – May 2012 – L1 – SA – Q16 – Law of Contract

Identify the Latin term that means a person is not bound by a deed due to a misunderstanding.

Question

Non est factum means:

Answer

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Tags: Business Law, Contract Law, Non Est Factum
Level: Level 1

Topic: Law of Contract
Series: MAY 2012

BL – May 2012 – L1 – SA – Q15 – Law of Contract

Identify the term for withdrawing an offer before acceptance.

Question

Withdrawal of an offer before it is accepted is also known as:

Answer

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Tags: Business Law, Contract Law, Offer
Level: Level 1

Topic: Law of Contract
Series: MAY 2012

BL – Nov 2011 – L1 – SA – Q17 – Law of Contract

Identifying the legal term for discharge of a contract due to supervening impossibility or illegality.

Question

Supervening impossibility or illegality of the performance of an obligation is a form of discharge of contract by ………………………………

Answer

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Tags: Contract, Discharge by Impossibility, Legal Impossibility
Level: Level 1

Topic: Law of Contract
Series: NOV 2011

BL – Nov 2011 – L1 – SA – Q20 – Law of Contract

Understanding the term in a contract that gives the party not at fault the right to repudiate.

Question

A term in a contract that gives the party who is not at fault the right to repudiate is a ……………………………….

Answer

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Tags: Breach of Contract, Conditions, Contracts, Repudiation
Level: Level 1

Topic: Law of Contract

BL – Nov 2011 – L1 – SA – Q4 – Law of Contract

Understanding the timeframe for sending a copy of a note or memorandum to the hirer.

Question

Within how many days must the copy of note or memorandum be delivered or sent to the hirer?

Answer

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Tags: Contracts, Hirer’s Agreement, Memorandum
Level: Level 1

Topic: Law of Contract
Series: NOV 2011

BL – Nov 2011 – L1 – SA – Q3 – Law of Contract

Understanding bailment in a sale agreement when property in goods may pass to the buyer.

Question

The bailment of goods in pursuance of an agreement under which the property in the goods will or may pass to the buyer is ……………………………..

Answer

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Tags: Bailment, Sale of Goods, Transfer of Property
Level: Level 1

Topic: Law of Contract
Series: NOV 2011

BL – Nov 2011 – L1 – SA – Q17 – Law of Contract

Explain the legal doctrine where a person cannot claim rights or suffer obligations under a contract unless they are a party to it.

Question

The fact that a person can neither claim right nor suffer obligation under a contract to which he is not a party is explained by the principle of:
A. Offer
B. Acceptance
C. Consideration
D. Intention to create legal relations
E. Privity of contract

Answer

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Tags: Contractual Rights, Legal Doctrine, Privity of Contract
Level: Level 1

Topic: Law of Contract
Series: NOV 2011

BL – Nov 2011 – L1 – SA – Q15 – Law of Contract

Identify the status of a contract that ought to be in writing but is not.

Question

A contract that ought to be in writing but is not, is:
A. Illegal
B. Void
C. Unenforceable
D. Unduly influenced
E. A deed

Answer

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Tags: Contract, Legal Status, Writing Requirement
Level: Level 1

Topic: Law of Contract
Series: NOV 2011

BL – Nov 2011 – L1 – SA – Q14 – Law of Contract

Identify the method by which a contract is discharged after both parties fulfill their obligations.

Question

Where the parties to a contract have carried out their obligations, the contract is said to be discharged by:
A. Breach
B. Frustration
C. Performance
D. Liability
E. Obligations

Answer

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Tags: Contract Discharge, Contractual Law, Obligations
Level: Level 1

Topic: Law of Contract
Series: NOV 2011

BL – Nov 2011 – L1 – SA – Q13 – Law of Contract

Identify the remedy that is always available in a breach of contract.

Question

The remedy that is always available in a breach of contract is:
A. Injunction
B. Restriction
C. Damages
D. Specific performance
E. Quantum meruit

Answer

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Tags: Breach of Contract, Damages, Legal Remedy
Level: Level 1

Topic: Law of Contract
Series: NOV 2011

BL – Nov 2011 – L1 – SA – Q3 – Law of Contract

Identify an example of a contract of utmost good faith.

Question

An example of a contract of utmost good faith is a contract of:
A. Hire purchase
B. Companies
C. Sale of goods
D. Insurance
E. Accountants

Answer

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Tags: Contract, Good Faith, Insurance, Legal Principle
Level: Level 1

Topic: Law of Contract
Series: NOV 2011

BL – Nov 2011 – L1 – SA – Q2 – Law of Contract

Identify the process where the insurer is substituted into the insured's rights after claim payment.

Question

After payment of the insured’s claim, the substitution of the insurer to all the insured’s rights is called:
A. Indemnity
B. Act policy
C. Subrogation
D. Insurable interest
E. Claim note

Answer

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Tags: Indemnity, Insurance, Rights of Insurer, Subrogation
Level: Level 1

Topic: Law of Contract
Series: NOV 2011

Topic: Law of Contract

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BL – Nov 2020 – L1 – SB – Q6b – Law of Contract

Define express terms, implied terms, conditions, and warranties in a contract.

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BL – Nov 2020 – L1 – SB – Q4b – Law of Contract

Define material fact in insurance and list exceptions to disclosure duty.

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BL – Nov 2020 – L1 – SB – Q3b – Law of Contract

Explain the capacity of specific individuals to contract, focusing on drunkenness, insanity, and infant contracts.

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BL – Nov 2020 – L1 – SB – Q3a – Law of Contract

Discuss how courts assess intent to create legal relations and advise on breach in social and commercial contexts.

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BL – Nov 2020 – L1 – SA – Q9 – Law of Contract

Objective question on understanding the nature of legally enforceable agreements.

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BL – May 2012 – L1 – SB – Q4B – Law of Contract

Explain the concept of undue influence in contract law.

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BL – May 2012 – L1 – SB – Q4A – Law of Contract

Advise on the implications of a contract entered into by a minor.

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BL – May 2012 – L1 – SA – Q17 – Law of Contract

Identify the term for a claim based on the value of work done.

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BL – May 2012 – L1 – SA – Q16 – Law of Contract

Identify the Latin term that means a person is not bound by a deed due to a misunderstanding.

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BL – May 2012 – L1 – SA – Q15 – Law of Contract

Identify the term for withdrawing an offer before acceptance.

You're reporting an error for "BL – May 2012 – L1 – SA – Q15 – Law of Contract"

BL – Nov 2011 – L1 – SA – Q17 – Law of Contract

Identifying the legal term for discharge of a contract due to supervening impossibility or illegality.

You're reporting an error for "BL – Nov 2011 – L1 – SA – Q17 – Law of Contract"

BL – Nov 2011 – L1 – SA – Q20 – Law of Contract

Understanding the term in a contract that gives the party not at fault the right to repudiate.

You're reporting an error for "BL – Nov 2011 – L1 – SA – Q20 – Law of Contract"

BL – Nov 2011 – L1 – SA – Q4 – Law of Contract

Understanding the timeframe for sending a copy of a note or memorandum to the hirer.

You're reporting an error for "BL – Nov 2011 – L1 – SA – Q4 – Law of Contract"

BL – Nov 2011 – L1 – SA – Q3 – Law of Contract

Understanding bailment in a sale agreement when property in goods may pass to the buyer.

You're reporting an error for "BL – Nov 2011 – L1 – SA – Q3 – Law of Contract"

BL – Nov 2011 – L1 – SA – Q17 – Law of Contract

Explain the legal doctrine where a person cannot claim rights or suffer obligations under a contract unless they are a party to it.

You're reporting an error for "BL – Nov 2011 – L1 – SA – Q17 – Law of Contract"

BL – Nov 2011 – L1 – SA – Q15 – Law of Contract

Identify the status of a contract that ought to be in writing but is not.

You're reporting an error for "BL – Nov 2011 – L1 – SA – Q15 – Law of Contract"

BL – Nov 2011 – L1 – SA – Q14 – Law of Contract

Identify the method by which a contract is discharged after both parties fulfill their obligations.

You're reporting an error for "BL – Nov 2011 – L1 – SA – Q14 – Law of Contract"

BL – Nov 2011 – L1 – SA – Q13 – Law of Contract

Identify the remedy that is always available in a breach of contract.

You're reporting an error for "BL – Nov 2011 – L1 – SA – Q13 – Law of Contract"

BL – Nov 2011 – L1 – SA – Q3 – Law of Contract

Identify an example of a contract of utmost good faith.

You're reporting an error for "BL – Nov 2011 – L1 – SA – Q3 – Law of Contract"

BL – Nov 2011 – L1 – SA – Q2 – Law of Contract

Identify the process where the insurer is substituted into the insured's rights after claim payment.

You're reporting an error for "BL – Nov 2011 – L1 – SA – Q2 – Law of Contract"

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