篩選結(jié)果 共找出680題

Which of the following is true regarding injunctions??

A

?Injunctions are a common law remedy?

B

?A court has no discretion as to whether or not to award an injunction

C

?Injunctions require a defendant to observe a negative restriction of a contract?

D

?Injunctions may be awarded in conjunction with an award for damages?

?Rescission is an equitable remedy, and where available, makes the contract voidable. There are a number of?conditions attached to the award of rescission.??

Which of the following is a condition that must be met for an award of rescission to be made??

A

The innocent party, only, must be able to be restored to their pre-contract position?

B

?The right to rescind the contract must be exercised within 30 days of it being awarded?

C

?Rescission must take place after the contract is affirmed?

D

?Innocent third parties must not have acquired rights under the subject matter of the contract?

For an order for specific performance to be made, which TWO of the following criteria must be met?

?(1) Damages must be inadequate compensation?

?(2) Consideration must have passed between the parties?

?(3) The parties must both agree to the award??

(4) The contract must require performance over a long period of time?

A

?1 and 2?

B

?1 and 3?

C

?2 and 3?

D

?2 and 4?

Which of the following remedies for breach of contract involves the injured party claiming the value of the?work they have done??

A

?Quantum meruit?

B

Action for the price?

C

?Specific performance?

D

?Rescission?

材料全屏

In January Elle offered to buy Jane's boat for ￡3,000. Jane immediately wrote a letter to Elle saying 'For a quick sale I would accept ￡3,500. If you are not interested please let me know as soon as possible.' Elle did not see the letter until March when she returned from a business trip but then replied. 'I accept your offer. I trust that if I pay ￡3,000 now, you can wait until June for the remaining ￡500.' On receiving the letter, Jane attached a 'sold' sign to the boat but forgot to reply to Elle

20

【論述題】

State the nature of Jane's letter to Elle.

State whether Elle's reply at the end of March had lapsed through the passing of time.

State whether Jane has a valid contract with Elle for the sale of the boat.

(1)___________ are a (2) ___________?remedy designed to restore the injured party to the position?they would have been in had the contract been (3) ___________??A loss outside the natural course of events will only be compensated if the (4) ___________circumstances are within the (5) ___________'s knowledge at the time of making the contract.?In assessing the amount of damage it is assumed that the (6) ___________will (7) ___________?their loss.?A contractual term designed as a (8) ___________?is (9) ___________?.?

When anticipatory breach occurs, the injured party has two options. These are

?(1)?____________________

??(2)?____________________??

The 'neighbour' principle was established by the landmark case?

A

?Caparo v Dickman 1990?

B

Anns v Merton London Borough Council 1977?

C

?Donoghue v Stevenson 1932?

D

?The Wagon Mound 1961?