SECTION C (30 Marks)

Question 1.

Madam Merkel purchased a car from GLM to use as a taxi. On her first day at work she saw somebody stopping her who looked like a rich passenger going to the airport. She smiled happily hoping to get an extra 3 tip so that she would buy chocolate. She rushed and then stopped suddenly in front of the passenger but the car engine fell down. Merkel is now upset - no car, no money and no chocolate.

On the other hand, GLM are refusing to accept liability for the faulty car. Merkel is also anxious because some of the purchase money was borrowed from her uncle. Merkel has not worked for some time but her electricity bill has just arrived. She comes to your office because she has heard that lawyers from Londonmet are very intelligent. She wants to make a claim for the faulty car and her lost earnings, all adding up to 17,500. You are expected to answer the following questions.

Would you consider Madam Merkel's case to be (underline or tick the correct answer)

1. a criminal case, or
2. a civil case

Question 2 If Merkel's case goes to court what is the standard of proof that the judges would require?

1. Beyond reasonable doubt
2. It depends on the seriousness of the case
3. It depends on the mood of the judge
4. Balance of probability

Question 3. Under current court rules, Merkel would become the

1. Judge
2. Defendant
3. Claimant
4. Prosecutor

Question 4. Under current court rules, Merkel must file the claim in the

1. Supreme Court
2. Crown Court
3. Court of Appeal
4. County Court

Question 5. Under current court rules, Merkel must file the claim as a

1. Large claims track claim
2. Small claims track claim
3. Multi-track court claim
4. Fast track court claim

Question 6.

Mr Putin, is a student in London. He has recently bought a new mobile phone. However, the phone stops working after just two weeks of use. Putin is upset because he cannot receive text messages from his friends at university. Putin takes the phone back to the store but the cashier turns him away, arguing that they do not give refunds. Putin then visits your law firm. You are a trainee solicitor and your supervisor is looking at your face. He knows that you are a good lawyer because you studied at Londonmet. Your supervisor wants to know which section of the CRA 2015 deals with satisfactory quality. Underline or tick the correct answer

1. S.9
2. S.10
3. S.11
4. S.12

Question 7.

Mr Putin visits the store again to make another request for his refund. This time Putin asks to speak with the store manager. However, the manager points him to an Exemption Clause in the phone contract which says that 'This store is not bound by any of the conditions under the CRA 2015. No refunds whatsoever".

You have been asked by your supervisor in the law firm to indicate which section of the CRA 2015 is likely to be relevant in a successful challenge against the store manager.

Underline or tick the right answer

1. S.11
2. S.21
3. S.31
4. S.41

Question 8. Your supervisor in the law firm is planning on how to counter the store manager in court. So he wants to know whether if the store manager wants to raise defences, which one of the following defences are likely to be accepted by the court?

1. "If the phone worked for two weeks, that means it was a good phone and, Putin should stop complaining".
2. "Putin should have gone and repaired the phone instead of coming to disturb us."
3. "We sell phones like these all the time and our customers do not complain."
4. "Putin is a student so he should just ask his parents to buy him another phone".
5. "We specifically pointed out to Putin that that particular phone was faulty but Putin agreed to buy it at a reduced price hoping that he would be able to repair it himself".

Question 9

Mr Trudeau is a self-employed electrician in London. He goes to Mr King Kong, a money lender, to borrow 14,000 to buy a van and new tools for his work. After one hour of discussion, they draw up a contract which indicates that Trudeau's monthly payments would all add up to 16,000 at the end of a 2-year term.

King Kong insists that Trudeau signs the contract form for the loan. Mr Trudeau, who has very little education, sees the 14,000 written at the top of the form but he does not know much about the other details on the form. So he asks King Kong about the rest of the form and King Kong says "Oh, nothing to worry about. Just sign the form and take your money away. I am expecting another electrician in my office tomorrow, so if you don't sign quickly you'll lose the money".

Mr Trudeau has recently learnt from his wife how to sign his name and he is also eager to see how the signature works in practice. So he signs the form and takes a copy of the form home. He is very excited because he is expecting many jobs in London. Mr Trudeau is welcomed home by an equally excited Mrs Trudeau who has a degree from London Metropolitan University.

One month later, during the couple's discussion about payment for King Kong, Mrs Trudeau asks to examine the loan form. To her astonishment she notices that their total payments for the loan come to 28,000.

Mr and Mrs Trudeau are now shocked and upset but King Kong says that a "deal is a deal" and so he would not cancel or amend the contract. King Kong then points to Trudeau's signature on the form.

Mr and Mrs Trudeau visit your law firm. Your supervisor is looking at your face because he knows that you are from Londonmet and students at Londonmet spend a minimum of four hours per week on private study for each of their modules. Your supervisor wants to know which one of the following cases says that once you sign a contractual document you are legally bound by the terms of the document and you cannot change your mind.

1. Balfour v Balfour [1919]
2. Adams v Lindsell [1818]
3. Carlill v Carbolic Smoke Ball Co [1893]
4. Photo Production Ltd v Securicor [1980]
5. L'Estrange v Graucob (F) Ltd [1934]

Question 10.

Your supervisor also wants to know which one of the following cases says that if you are misled or lied to in a contract you may not be bound by that contract despite having signed the form.

1. Merritt v Merritt [1969]
2. Partridge v Crittenden [1968]
3. Pharmaceutical Society of GB v Boots Ltd [1953]
4. Curtis v Chemical Cleaning and Dyeing Co [1951]

Question 11.

Which one of the following cases says that onerous terms in a contract must receive special notice?

1. Adams v Lindsell, 1818
2. Houghton v Trafalgar Insurance, 1953
3. Partridge v Crittenden, 1968
4. Interfoto Picture Library v Stiletto VP, 1988

Question 12. Which one of the following cases says that notices in exemption clauses must be pointed out before or during the contract, but not afterwards?

1. Houghton v Trafalgar Insurance 1953
2. Carlill v Carbolic Smoke Ball Co [1893]
3. Merritt v Merritt [1969]
4. Olley v Marlborough Court 1949

Question 13. In which one of the following cases was contra preferentem applied successfully?

1. Balfour v Balfour, 1919
2. Ruxley Electronics v Forsyth, 1995
3. Houghton v Trafalgar Insurance, 1953
4. Payne v Cave, 1789
5. Macron v Biden, 2021

Question 14. In the case of Pharmaceutical Society of Great Britain v Boots Chemists [1953] it was decided that

1. goods advertised in magazines are invitations to treat
2. you can buy paracetamol from Boots
3. tenders are invitations to treat
4. goods "Off-the-shelf" are invitations to treat
   1. Fisher v Bell 1961

Question 15. In which of the following cases did the court decide that the advertisement was an offer?

1. Putin v Biden 2021
2. Carlill v Carbolic Smoke Ball Co 1893
3. Partridge v Crittenden 1968

Question 16. In contract law an invitation to treat:

1. is the same as an offer
2. means you must come for dinnner
3. is different from an offer as a party invites offers
4. if accepted there is a binding contract

Question 17. In Balfour v Balfour 1919 the court ruledthat the financial arrangement between husband and wife was not enforceable by the courts because it was

1. strictly commercial arrangement
2. strictly domestic arrangement
3. half and half arrangement
4. not a bad arrangement

Question 18. In Merrit v Merrit 1969the court held that the arrangement between husband and wife could be enforced because it was a

a) strictly commercial arrangement

b) strictly domestic arrangement

1. half and half arrangement
2. there was sufficient evidence to support the intention to create legal relations

Question 19. Pink Floyd is a music band whose songs are popular all over the world. The manager of Pink Floyd is concerned that somebody may try to copy or steal their music in future. He visits your solicitor's office for advice because he has heard that lawyers from Londonmet work hard and they don't sleep. The manager wants to know the relevant statute which governs the music industry. The right answer is:

1. Law of Property Act 1925
2. Theft Act 1968
3. Copyright, Design and Patents Act 1988
4. Criminal Justice Act 1993

Question 20. Joe Marley was a solo musician who died in 2020. This means that nobody would be allowed to copy or steal his music without permission until the year

1. 2030
2. 2050
3. 2070
4. 2090

Question 21. In assessing damages for breach of contract the term 'liquidated damages clause' means

1. the amount of claim is presented to the court in a bottle of liquid
2. the amount of claim is a genuine pre-estimate
3. the amount of claim is an under-estimate
4. the amount of claim is an over-estimate

Question 22. In assessing damages for breach of contract, the term 'penalty clause' means

1. No footballer can miss a penalty in the men's World Cup final
2. No footballer can miss a penalty in the women's World Cup final
3. A footballer can be fined if he misses a penalty in the men's World Cup
4. A footballer can be fined if she misses a penalty in the women's World Cup
5. The amount of potential claim is way out of proportion to the breach of contract

Question 23. In contract law, unusual losses are only recoverable if

1. the amount of claim is over 25,000
2. the losses were reasonably in contemplation of both parties at the time of the contract or the defendant had notice of them
3. the claimant is an unusual person
4. the amount of claim is under 25,000

Question 24. In contract law, specific performance means

1. You must perform well in the exam
2. The contract must be performed so that the claimant can get the item he/she expected to get in the contract
3. The contract must be performed so that the claimant can get plenty of money in compensation.
4. The contract must be performed so that the courts can send the defendant to prison.

Question 25. In contract law, claims for distress and inconvenience are generally not recoverable unless

1. the purpose of the contract was specifically for enjoyment or peace of mind
2. the purpose of the contract was to give you a free computer
3. the purpose of the contract was to give you a free mobile phone
4. the purpose of the contract was to give you plenty of distress and inconvenience

Question 26. In which of these cases was there a successful claimfor distress and inconvenience

1. Addis v Gramaphone 1909
2. Javis v Swantours 1973
3. Victoria Laundry v Newman Industires 1949
4. Ruxley Electronics v Forsyth 1995

Question 27. In Chaplin v Hicks 1911, the claimant made a successful claim for

1. specific performance
2. damages for loss of opportunity
3. damages for reliance loss
4. damages for distress and inconvenience

Question 28. In most parts of the world, the Law is

1. always moral
2. unenforceable if immoral
3. can be ignored if it does not make sense
4. must be obeyed even if immoral

Question 29. In normal contract law, claims for breach of contract must be made within:

1. 6 months
2. 6 years
3. 6 days
4. 6 weeks
5. 6 decades

Question 30. For contracts made by deed the limitation period is

1. 12 months
2. 12 years
3. 12 weeks
4. 12 days
5. 12 decades