BL Block 1

Which is not an essential element of a valid contract?

• Invitation to treat

• Offer

• Consideration

• Acceptance

Which is the correct case law to support the principle that performance of an existing contractual duty does not amount to new consideration for a promise?

• White v Bluett

• Stilk v Myrick

• Williams v Roffey Bros & Nicholls

• Felthouse v Bindley

In which case was the doctrine of promissory estoppel laid down?

• Je Maintiendrai Pty Ltd v Quaglia

• Legione v Hateley

• Walton Stores (Interstate) Ltd v Maher

• Central London Property Trust Ltd v High Trees House Pty Ltd

A condition in a contract is :

• a fundamental term

• a less important term

• one that need not be performed

• a fundamental term which if breached will enable the innocent party to repudiate the contract and obtain damages

An innominate or intermediate term is one :

• that is a condition

• that is a warranty

• that can only be determined as a condition or warranty depending on the consequences of its breach

• that is not important in a contract

Which case is not an authority for the rule that reasonable notice of an exclusion clause must be given?

• Balmain New Ferry Co Ltd v Robertson

• Thornton v Shoe Lane Parking Ltd

• Hollier v Rambler Motors (AMC)

• Olley v Marlborough Court Ltd

Which is the correct answer for the effect of the signature rule?

• The contract must be one that is written

• the contract can be one where it is partly in writing and partly made orally

• A person signing a contract is bound by its terms whether he has read or understood them or not

• The contract applies to those who are elderly

Which test governs exclusion clauses found in an unsigned document?

• the nature of the document test and the reasonable notice test

• there must be no misrepresentation

• the parties must be of equal standing

• the contra preferentem rule