1 July 2020

HSE – Introduction to English contract law – Group 4. Mock Exam.

Answer 2 out of 4 questions. Answer can be made either electronically (in word
document) or by hand on paper – with photo/scan of the handwriting sent via
email.
Answer to each question should at least be 700-800 words. Use I.R.A.C. rule.
Make references to caselaw with explanation why the case is relevant. Read the
question carefully 2-3-4-5 times. NO PLAGIARISM. ALWAYS GIVE REFERENCE
TO AUTHORITY.
Submit your works by 23:59 of 8 July 2020. Marking will be made with the use of
100 points scale.

QUESTION 1
Florence owns five adjoining houses, numbers 1–5 High Street Magictown, which she
intends to rent to local people and students. On 1 September she advertises the
properties as available in the local newspaper but does not state a price. Advise
Florence as to the legal implications of the following events:

a) Zebedee, a handsome student, contacts Florence who agrees to rent No 1

High Street to him for £50 per month. Zebedee is amazed at the low rent and
agrees immediately.
b) Dillon is worried that he will not be able to find accommodation before the
university term begins. When he contacts Florence he agrees to rent No 2 High
Street for £1,000 per month even though he knows this is twice the normal rate.
c) Ermintrude works as Florence’s gardener and was Florence’s father’s nurse
when he was elderly and ill. Florence says that Ermintrude can live in No 3 High
Street without paying any rent because Ermintrude was so kind to Florence’s
father before he died.
d) Florence admires the police force. She agrees to let No 4 High Street to Brian,
a police sergeant. Brian tells her what a tough year he has had as the police
force are understaffed. She tells him she does not expect any rent as he will be
doing such a wonderful job working in these conditions.
e) Florence agrees to rent No 5 High Street to Brian for £500 per month but asks
Brian to pay the money to her niece Rosalie.

QUESTION 2 (answer part a and part b)

a) In what circumstances will the right to rescind a contract for misrepresentation be
lost?

b) Hitem places the following advertisement on a website offering cars for sale:
‘Stunning 2015 Mini Cooper for sale only £10,000.’

In fact the car is a 2010 model with some rust and is only worth £2,000. A 2015 Mini
Cooper is worth £12,000. Advise Hitem as to his potential liability to pay damages for
misrepresentation.
QUESTION 3
Gunter decides to sell some of his books. He takes the following actions:
a) He writes to Severine offering her his first edition of Anson on contract for £100.
Severine replies to Gunter by letter accepting the offer but the letter is never delivered.
b) He writes to Ewan offering him a signed copy of his, Gunter’s, own first contract book
for £200. Ewan posts a letter accepting the offer but forgets to put a stamp on it and the
letter is not delivered as a result.
c) He writes to Mindy offering her a second edition of Chitty on contract for £300 and
tells her that he ‘...will need notice of her acceptance’ saying that ‘being a contract
lawyer like him, she will understand why’. Mindy posts a letter accepting the offer but it
is never delivered.
d) He telephones Patrick to offer him his third edition of Pollock on contract for £400.
Patrick says that he will think about it and get back to Gunter. The following day Patrick
telephones Gunter and leaves a message on his voicemail to say he will buy the Pollock
on contract for £350 and that he will assume that the book is his at that price unless
Gunter replies otherwise and that he will collect the book when he sees Gunter at the
Contract Teachers’ Conference next month. Gunter listens to the message and puts the
book aside to take to the conference.
Gunter attends the conference where he meets Severine, Mindy, Ewan and Patrick.
Gunter tells Severine, Ewan and Mindy that he was surprised when he did not receive
any replies to his offers to them and so he sold the books he offered to a bookseller. He
also tells Patrick that only last week he changed his mind about selling the third edition
of Pollock.
Advise Severine, Ewan, Mindy and Patrick if they have any contractual claims against
Gunter.

QUESTION 4
‘The introduction of the category of innominate terms was unnecessary and has
introduced undesirable uncertainty into the law of contract.’
Discuss.