LATEST VERSIONS 155 QUESTIONS AND
CORRECT VERIFIED ANSWERS WITH
RATIONALES (100% CORRECT) A+ GRADED
ASSURED
Adam Opel GmbH v Mitras Automotive (UK) Ltd - CORRECT ANSWER: Duress - agreement
can be voided and amounts paid are recoverable.
Adams v Lindsell - CORRECT ANSWER: Postal rule. Acceptance valid on posting. Must be (1)
reasonable to use post, (2) properly posted and (3) postal rule not excluded (express or implied).
Addis v Gramophone Co Ltd - CORRECT ANSWER: A claimant cannot recover damaged for
hurt feelings or distress
Anglia TV v Reed - CORRECT ANSWER: Reliance loss: aim is to put the claimant in the
position he would have been in had the contract never been entered into. Where expectation loss
is too speculative.
Atlantic Baron - CORRECT ANSWER: Duress - Bars to rescission - affirmation or undue delay.
Atlas Express v Kafco - CORRECT ANSWER: Party threatens to breach contract or commit tort
- will amount to duress.
Attorney General v Blake - CORRECT ANSWER: Restitutionary damages - in exceptional cases
defendant can have to account for all profits (public policy)
Atwood v Small - CORRECT ANSWER: If the party did not rely on the statement made when
entering the contract - no misrepresentation. Statement does not have to be only inducement.
,Balfour Beatty v Scottish Power - CORRECT ANSWER: Parties not presumed to have
knowledge of business techniques of other, however the simpler the activity the easier to imply
knowledge.
Balfour v Balfour - CORRECT ANSWER: ICLR - presumption of no ICLR in family
agreements
Bannerman v White - CORRECT ANSWER: If recipient made it clear it is of vital important -
more likely to be a term.
Barclays Bank v O'Brien - CORRECT ANSWER: If lender has actual or constructive notice of
debtors impropriety - will be tainted and contract voidable
Barry v Davies - CORRECT ANSWER: Auctions with no reserves are unilateral offers
Barton v Armstrong - CORRECT ANSWER: Duress can be violence. Does not have to be only
reason party enters contract
Beale v Taylor - CORRECT ANSWER: Even if buyer has seen and examined goods, sale is one
of description if he reasonably relied on that description.
Birch v Paramount Estates Ltd - CORRECT ANSWER: Party makes a statement out of his
control it is more likely to be a term. If oral - it can be a term (contract part written and part oral).
Bisset v Wilkinson - CORRECT ANSWER: A false statement of opinion is not a false
misrepresentation.
Blackpool & Fylde Aero Club v Blackpool Borough Council - CORRECT ANSWER: Request
for tenders can be unilateral contract where a commitment to consider all validly received
tenders. Failure is a breach. Damages for lost opportunity
, Bolton v Mahadeva - CORRECT ANSWER: Contact not discharged if it has not been
substantially performed i.e. if cost of cure is a substantial portion of total sum to be paid.
BP Exploration Co (Ltd) v Hunt - CORRECT ANSWER: s1(3) value of the benefit. Courts
decide a just sum.
British Westinghouse Electric v Underground Electric Railway - CORRECT ANSWER:
Claimant must make reasonable steps to try to mitigate the loss
Brown v KMR Services - CORRECT ANSWER: Normal profits are different type of loss to high
profits from a specially lucrative contract.
Butler Machine Tool v Ex-Cell-O Corp - CORRECT ANSWER: Battle of the forms - last shot
wins
Byrne & Co v Van Tienhoven & Co - CORRECT ANSWER: Notice of withdrawal of offer must
be communicated to offeree to be effective.
Canada Steamship Lines v The King - CORRECT ANSWER: Exemption clause cover tort of
negligence - express wording, or wide enough to cover
Car & Universal Finance v Caldwell - CORRECT ANSWER: Rescission must be
communicated. If cannot contact other party, must be formal order or informing authorities.
Carillion Construction Ltd v Felix (UK) - CORRECT ANSWER: Duress where:
1) illegitimate pressure
• Whether there was actual or threatened breach of contract;
• Whether the person allegedly exerting the pressure has acted in good or bad faith;
• Whether the victim has any realistic practical alternative but to submit to the pressure;