Assignment

19. Where undue influence has been used to form the contract, the effect is that the contract is: Doc. No.: EXM/F/03 Page No.: 3/2 Issue No.: 1 Last Update: 15/04/15 Revision No.: 1.1 Date: 12/04/06 Author: EC Approved: Provost a) Void b) A valid contract that binds both parties c) Illegal d) Voidable 20. When a contract has been agreed on the basis of a fraudulent misrepresentation, which of the following remedies is are available? a) Both damages and rescission b) Damages only c) An injunction only d) Rescission only 21. Which of the following is NOT an example of a frustrating event? a) The subject matter of the contract ceases to exist. b) The contract has become significantly more expensive than anticipated and is now not profitable. c) An event central to the contract has not occurred. d) The contract becomes illegal to perform following the contract being established 22. Breach of the following term will always entitle the innocent party to claim damages AND repudiate the contract: a) A condition b) A warranty c) An innominate term d) A representation 23. When assessing a damage payment for breach of contract, which of the following criteria is NOT considered by the court? a) Damages must not be too remote b) Damages must be quantifiable c) The innocent party must have sought to mitigate his/her losses d) Sums identified in penalty clauses 24. Which of the following is a common law remedy? a) Injunctions b) Specific performance c) Damages d) Rectification 25. Where a contract has been substantially, but not completely performed, the innocent party: Doc. No.: EXM/F/03 Page No.: 4/2 Issue No.: 1 Last Update: 15/04/15 Revision No.: 1.1 Date: 12/04/06 Author: EC Approved: Provost a) is required to pay the full contractual amount. b) may refuse to pay any money owed until full completion has taken place. c) must pay 50% of the contractual fee and nothing more, regardless of the amount of work completed. d) is required to pay the amount due, taking into account the shortcomings of the contract and deducting an amount accordingly 26. In the event of a breach of contract, it is expected that the innocent party take which of the