1. The following are true as it relates to the doctrine of privity except -

a. A third party has no rights under a contract to which they are not a party

b. The Doctrine of Privity was dealt with in the case of Easton v Price

c. Privity of contract exists between the contracting parties only

d. Privity of contract includes parties: the parties contracting, and all third parties who stand to benefit under the contract

2. Exclusion clauses does all of the following except -

a. limits liability for contractual obligations

b. takes away the rights and privileges of every person not a party to the contract.

c limits liability in negligence matters

d. prevents parties from being held accountable for possible breaches in their obligations

3. All third parties receiving a benefit under a contract that they are not a party to, can sue for those benefits if they are not given to them.

Select one:

True

False

4. The following is true as it relates to terms, except -

a. Breach of a term results in a contract being made void

b. Breach of a term results in a contract being made voidable

c. Having specialist skill or knowledge in an area can result in a statement being a term Clear my choice

5. There is the presumption that a statement is a term if -

a. it is in writing

b. it is a statement that induces the party to enter into the contract

c. it results in the contract being voidable

d. there is a lapse of time between the statement being made and the formation of the contract

6. Where a third party acquires a benefit under a contract to which they gave no consideration, they cannot enforce that contract if the benefits are not given to them.

Select one:

O True

O False

7. The following are all false, except -

a. Promissory Estoppel is used to commence a legal action against a defaulting party

b. For promissory estoppel to apply, it must inequitable to not enforce the promise

c. The use of Promissory estoppel extinguishes the rights of the parties

d. There must be a familiar relationship between the parties for promissory estoppel to apply

8. An exclusion clause can only be relied on if it is incorporated into the contract

Select one:

O True

O False

9. The basic requirements for a term to be implied into a contract by the courts include all of the following, except -

a. The term is implied in all contracts of that type, as a policy matter

b. The term must be reasonable to imply

c. Where it benefits the court to imply such a term

d. The term must be necessary.

10. The following are true as it relates to the doctrine of privity except -

a. A third party has no rights under a contract to which they are not a party

b. The Doctrine of Privity was dealt with in the case of Easton v Price

c. Privity of contract exists between the contracting parties only

d. Privity of contract includes all parties: the parties contracting, and all third parties who stand to benefit under the contract

11. Which of the following is an accurate statement of the contra proferentem rule?

a. Where there is uncertainty as it relates to an exclusion clause, the court will interpret same in favour of the injured party

b. The rule protects all parties who engage in contractual relations.

. If there is ambiguity in a contractual term, the court will interpret that term in favour of the party who seeks to rely on it

d. Where there are multiple meanings to a term, the court will disregard the ordinary meanings and give the term a definition that the court finds suitable.

12. If Anand and Bisram have a contract for sale of land owned by Charlie. Bisram cannot enforce the contract for sale of land because Charlie as the owner of the property did not contract with Bisram to have the property sold.

Select one:

O True

O False

13. For Promissory Estoppel to apply it must be inequitable to not enforce the promise

Select one:

O True

O False

14. The following are true of Promissory Estoppel, except -

a. There must have been a reliance on the promise made by one party, to the other party

b. Promissory estoppel is to be used as a shield, not a sword

c. There must be an existing legal relationship for it to apply

d. Promissory estoppel is a statutory remedy

15. There must be sufficient notice of a term when it is included in a contract

Select one:

O True

O False

16. Privity of a contract only exists between the contracting party, and not third parties.

Select one:

O True

O False

17. The following are all false, except -

a. Promissory Estoppel is used to commence a legal action against a defaulting party

b. For promissory estoppel to apply, it must inequitable to not enforce the promise

c. The use of Promissory estoppel extinguishes the rights of the parties

d. There must be a familiar relationship between the parties for promissory estoppel to apply

18. Promissory estoppel is a statutory remedy available to aggrieved parties

Select one:

O True

O False

19. All third parties receiving a benefit under a contract that they are not a party to, can sue for those benefits if they are not given to them.

Select one:

O True

O False

20.A term is a statement which seeks to induce a party into entering into a contract

Select one:

O True

O False

21. An exclusion clause only applies to third parties in a contract

Select one:

O True

O False

22. Exclusion clauses will limit the scope of the clause to contractual matters only

Select one:

O True

O False

23. Privity of a contract is an equitable relief afforded to persons

Select one:

O True

O False

24. Exclusion clauses can be incorporated into a contract by all of the following, except -

a. Oral agreement

b. Previous course of dealings

c. Notice

d. Signature

25. Terms are mere guidelines as to how a contract should be performed.

Select one:

O True

O False

26. A legally enforceable contract must have an offer, acceptance, consideration and an intention to create legal relations between the parties.

Select one:

O True

O False

27. A term can be incorporated into a contract by all of the following, except -

a. notice

b. signature

c. previous course of dealings

d. silence

28.Where Adam employs Jason to construct a house, and Jason subcontracts the building of the foundation to Marlon, the following is true, except -

a. There exists a contract between Jason and Marlon

b. There exists a contract between Adam and Jason

c. There exists a contract between Adam and Marlon

29. An exclusion clause only applies to third parties in a contract

Select one:

O True

0 False

30. Which of the following is an accurate statement of the contra proferentem rule?

a. Where there is uncertainty as it relates to an exclusion clause, the court will interpret same in favour of the injured party

b. The rule protects all parties who engage in contractual relations.

c. If there is ambiguity in a contractual term, the court will interpret that term in favour of the party who seeks to rely on it

d. Where there are multiple meanings to a term, the court will disregard the ordinary meanings and give the term a definition that the court finds suitable.

31. Exclusion clauses does all of the following except -

a. limits liability for contractual obligations

b. takes away the rights and privileges of every person not a party to the contract

c. limits liability in negligence matters

d. prevents parties from being held accountable for possible breaches in their obligations