BPP Learning Media's CIMA - C05 Fundamentals of Ethics, Corporate Governance and PDF

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Sample text

D The court acts on the presumption that an exclusion clause was not intended to work against the main purpose of the contract. Questions 27 8 9 A term may be implied into a contract: (i) By statute (ii) By trade practice unless an express term overrides it (iii) By the court to provide for events not contemplated by the parties (iv) By the court to give effect to a term which the parties had agreed upon but failed to express because it was obvious (v) By the court to override an express term which is contrary to normal custom A B C D (ii) and (iii) only (i), (ii) and (iv) only (i), (iv) and (v) only (i), (iii), (iv) and (v) only Katie took her wedding dress to the dry cleaners to be cleaned.

Maud maintains that she only has to pay £20. How would you describe the price on the price label in terms of contract law? A B C D 9 10 An offer A tender An invitation to treat An acceptance Consideration: (i) (ii) (iii) (iv) Must be of adequate and sufficient value Must move from the promisee May be the performance of an existing contractual duty Must be provided at the time the contract is made A B C D (i) only (ii) only (ii), (iii) and (iv) only (iii) and (iv) only Alexander wrote to Brian and offered to sell him his set of antique cigarette cards for £300.

Steve replied that he didn't see much of them. Adam buys the house and discovers when he moves in that Simon is a difficult and noisy neighbour. Adam proposes to sue Steve for misrepresentation. What is the legal position? 10 A Steve is not liable for misrepresentation as he gave a statement of opinion, not fact. B Steve is liable for misrepresentation as he had a duty to give an answer to Adam's question which was complete enough not to give a misleading impression. C Steve is liable for misrepresentation as the contract was one of extreme good faith.

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