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Which of the following statements is true of consideration? 

A

 Past consideration is sufficient to create liability on a bill of exchange 

B

 Suffering some loss or detriment is not valid consideration 

C

 Consideration can be in the form of any act, even if that act is impossible to perform 

D

 Performance of an illegal act is valid consideration 

Where a party accepts part payment for a debt, they may at a later date request payment of the amount outstanding unless the other party provided extra consideration when making the part payment.  

Which TWO of the following are valid extra consideration for part payment of a debt?

 (1) Payment in the form of goods rather than cash  

(2) Payment by a third party rather than the debtor 

 (3) An intention by the debtor to be legally bound by the part payment 

 (4) A guarantee by the debtor to make the payment on the date agreed in the contract 

A

1 and 2 

B

 1 and 4 

C

 2 and 3 

D

 2 and 4 

 Which of the following statements regarding consideration is correct?

A

 Performance of an existing legal obligation is valid consideration for the promise of additional reward 

B

 Performance of an existing contractual duty is sufficient consideration for the promise of additional reward

C

Performance of an existing contractual duty to a third party is sufficient consideration for the promise of additional reward 

D

 Performance of an extra service in addition to an existing contractual duty is not sufficient consideration for the promise of additional reward 

 Which of the following statements concerning privity of contract is correct? 

A

 Privity of contract means only parties to a contract may sue on it 

B

 Privity of contract is not subject to regulation by statute 

C

 There are no exceptions to the rule of privity of contract 

D

 Privity of contract is only enforceable on commercial contracts 

The Contracts (Rights of Third Parties) Act 1999 sets out the circumstances where a third party has a right to enforce rights they may have under a contract.  

Which of the following statements concerning the Contracts (Rights of Third Parties) Act 1999 is correct? 

A

The third party need not be expressly identified in the contract 

B

 The third party need not be in existence when the contract was formed 

C

 The Act confers rights to third parties under a company's constitution 

D

 The Act confers rights to third parties under employment contracts 

 Which of the following is true regarding presumptions of intention to create legal relations? 

A

 Parties in social, domestic and family agreements never intend to be legally bound 

B

 Parties in commercial agreements never intend to be legally bound 

C

 The presumption in all agreements is that the parties intend to be legally bound 

D

 Any presumptions in regards to the intention of parties to be legally bound may be refuted and the burden of proof is on the party seeking to escape liability 

Which TWO of the following social, domestic and family contracts would be presumed by the courts as intended to be legally binding? 

(1) An agreement where a father offers to pay his daughter a monthly allowance if she continues her education

 (2) An agreement between friends to enter a newspaper competition together and share any prizes between them 

(3) An agreement between a husband and wife who have separated for one to rent the family home from the other

 (4) An agreement by a son to pay his mother housekeeping money while he stays at home 

A

 1 and 3 

B

1 and 4 

C

 2 and 3 

D

 2 and 4 

 Which of the following, in the context of entering into a contract, constitutes a binding offer to sell a unique item of furniture? 

A

 Placing an advert in a newspaper with a price attached 

B

 Placing it on display inside a shop with a price attached 

C

 Telling someone the price you may be willing to accept for it 

D

 Telling someone you will reduce the marked price on it by 10% 

Which of the following statements in relation to effective consideration is correct? 

A

 It must be both adequate and sufficient 

B

 It must be adequate but need not be sufficient 

C

 It must be sufficient but need not be adequate 

 Which of the following is a rule for valid consideration? 

A

 Consideration must pass from the promisor 

B

 Consideration must be adequate but not necessarily sufficient 

C

 Performance of the promise must be possible 

D

 The promise must be given in writing