Deck 1: Introduction

Question 1

Classical theory of contract can be said to be concerned primarily with preventing parties pursuing their own self-interest?

Answer 1

False

Question 2

Which of the following are established theoretical perspectives on English contract law?

A) Marxist
B) Feminist
C) Hobbesian
D) Revisionist

Answer 2

A,D

Question 3

Which of the following are scholars usually associated with classical contract theory?

A) Brownsord
B) Powell
C) Lord Steyn
D) Anson

Answer 3

B,D

Question 4

To what extent do theories of contract law accurately reflect the actual behaviours of contracting parties?

Question 5

Why did MacNeil consider the distinction between 'discrete' and 'relational' transactions to be an important one?

Question 6

Give examples of cases that could be said show a 'consumer welfarist' tendency in the law of contract. Explain how this is shown by these cases.

Question 7

What are the main international 'forces' that might be said to be influencing English contract law? What impact could they have?

Question 8

Does English contract law have a unique character? Has any of this been lost as a result of European and international influence?

Question 9

What are the primary functions of the law of contract?

Question 10

Can we really talk about the law of contract or should we really talk of the law relating to contracts?

Question 11

Why is it that not all 'agreements' are contracts?

Question 12

Discrete contracts are characterised by being?

A) 'One-off' transactions between the parties
B) Generally made in secret
C) Never being made in writing
D) Not resulting from an existing business relationship between the parties.

Question 13

Which of these are often argued to be functions of contract law?

A) To ensure private and state-owned businesses compete equally
B) To facilitate exchanges of goods
C) To enforce promises
D) To ensure the fair distribution of wealth

Question 14

A concept of good faith…

A) categorically does not exist in English law
B) has been rejected by the courts but some argue it might exist in some form
C) exists and is recognised as a part of the law
D) only applies in contracts that relate to the sale of land

Question 15

A contract is defined by being entered into voluntarily?

Question 16

A contract is only enforceable if it relates to physical goods?

Question 17

In all contract cases, a court will consider the relative bargaining power of the parties?

Question 18

Classical theory of contract essentially reject the notions the contracts are related and views each one as discrete from another.

Question 19

The courts do not readily seek to 're-write' or add to contracts that parties have agreed to.

Question 20

Contractual terms can be added to contracts, for example by statute even if they not agreed upon by the parties.

Question 21

In Chappell & Co Ltd v Nestle what was given as 'consideration'?

A) Chewing gum wrappers
B) Chocolate bar wrappers
C) A postal order
D) No consideration was given

Question 22

The case of Carlill v Carbolic Smokeball Co is sometimes analysed as a case which demonstrates what?

A) Consumer-advocacy
B) Consumer-empowerment
C) Consumer-equality
D) Consumer-welfarism

Question 23

Which of the following is an example of a 'relational' contract?

A) A contract with a solicitor to make a will.
B) An agreement to supply electricity
C) A permanent contract of employment
D) A contract for the sale of a bottle of water from a vending machine

Question 24

Which of the following is an example of a 'discrete' contract?

A) A contract to negotiate in good faith
B) A contract to supply a piece of software and regular updates for the software
C) A contract to operate a hotel for a fixed period of time
D) A contract to buy petrol from a garage you have never used before and will not use again

Question 25

What role does empirical research play in contract law?

Question 26

Which of the following principles would you identify as central to the classical law of contract?

A) Freedom of information
B) Freedom of contract
C) Freedom from oppression
D) Consumer protection

Question 27

Which of the following characteristics did not form part of the classical theory of contract?

A) Exchange of promises
B) Freedom of contract
C) Executory nature of contracts
D) Fairness

Question 28

Which of the following does not form part of the law of obligations?

A) Contract
B) Tort
C) Restitution
D) Judicial Review

Question 29

Which of the following jurisdiction is most important in influencing the development of the English law of contract?

A) EU
B) USA
C) Commonwealth
D) France

Question 30

What is meant by Economic Analysis of Law?

A) The concept that economic considerations should inform the law
B) The concept that prices ought to be considered in judgements
C) The concept that the costs of litigation affect legal change
D) The concept that law is distinct from economics

Question 31

What is meant by the 'classical law of contract'?

A) A body of rules developed in the 19th Century
B) A body of rules developed in the 20th Century
C) The law as found in the first ever contract law textbook
D) All law based on precedent

Question 32

What is meant by 'freedom of contract'?

A) That parties can ignore the courts
B) That parties are free to determine the content of their agreements
C) That the courts have freedom to alter agreements
D) That contract law is essential to democracy

Question 33

Which of the following is not the subject matter of contract law:

A) Enforcing promises
B) Regulating the market
C) Facilitating exchanges
D) Combating disadvantage

Question 34

What are the Principles of EUropean Contract Law (PECL)?

A) An effort to bring together common and civil law
B) EU legislation
C) A binding set of rules
D) The name of the German Civil Code

Question 35

What is the primary aim of the law of restitution?

A) To provide a common standard for calculating damages
B) To prevent the premature termination of a contract
C) To prevent unjust enrichment
D) To encourage the use of alternative dispute resolution

Question 36

In contract law what do we mean by empirical research?

A) investigating what happens in practice between contracting parties
B) Investigating how the law has evolved over a period of time
C) Looking at cases and statutes
D) Drawing on other disciplines to help explain the law