Complete the following sentence “A court will not award an equitable remedy unless the claimant can show that …”?

1.   ?    a) Specific performance is not an adequate remedy
2.   ?    b) Damages are not an adequate remedy
3.   ?    c) Repudiation is not an adequate remedy
4.   ?    d) The defendant has clean hands

A contract for hire of a van which has been signed by the customer contains a clause stating that “In the event of cancellation by the customer, the supplier shall be entitled to retain the entire cost of hire, even if the supplier has been able to find another customer for hire of the vehicle.” Is this likely to be enforceable?

1.   ?    Yes, because it is fair and reasonable under UCTA
2.   ?    Yes, because it is properly incorporated
3.   ?    No, because the supplier is under a duty to mitigate its loss
4.   ?    No, because it is a penalty clause
5.   ?    C and D

Jemima has had a loft conversion done on her house at a cost of £20,000. The building work is of perfectly satisfactory quality but Jemima is unhappy because she wanted 2 medium-sized windows at the back, not one large one. Because of various structural problems, the only way to correct the problem would be to demolish a large section of the loft conversion and start again, at a cost of about £15,000. Is Jemima likely to be able to claim this amount in full ?

1.   ?    Yes, because the builders should have been more careful to ensure that they complied with Jemima’s specifications
2.   ?    No, because the cost of correcting the breach is out of all proportion to the benefit to Jemima
3.   ?    Yes, because the damage is reasonably foreseeable

What case would you cite in support of your answer to question 3?

1.   ?    Ruxley Electronics v Forsyth
2.   ?    Hadley v Baxendale
3.   ?    Victoria Laundry v Newman
4.   ?    Farley v Skinner

Complete the following sentence: “Damages for loss of enjoyment or emotional distress can only be claimed where …”

1.   ?    The contract was for a holiday, taxi ride or meal in a restaurant
2.   ?    The only purpose of the contract was to provide pleasure, relaxation and peace of mind
3.   ?    One of the main aims of the contract was to provide pleasure, relaxation and peace of mind
4.   ?    The contract was with a consumer

Complete this sentence: “Damages can only be claimed for loss in the reasonable contemplation of the parties ….”

1.   ?    At the time of the breach
2.   ?    At the time the contract was made
3.   ?    Within 6 years of the date of the breach
4.   ?    Within 6 years of the date on which the claimant became aware of the breach

Which of the following cases is authority for the proposition that a repudiatory breach is one that deprives the innocent party of ‘substantially the whole benefit of the contract’ ?

1.   ?    The Hong Kong Fir case
2.   ?    The King Kong Spruce case
3.   ?    Jones v Gallagher
4.   ?    Clea Shipping v Bulk Oil International
5.   ?    Hadley v Baxendale

Which of the following is an example of a divisible contract?

1.   ?    A contract where payment is only made once the supplier has performed all its obligations
2.   ?    A contract where the supplier is paid in instalments
3.   ?    A single document which the courts would regard as containing two separate contracts
4.   ?    A contract without an entire agreement clause