Express Terms in Contract Law: A Comprehensive Guide for Further Education

Question 1

Identify the method that is NOT used to incorporate express terms into a contract:

Accepted Answer

Implied terms

Answer

Written agreement

Answer

Verbal agreement

Answer

Conduct

Question 2

Which of the following is NOT considered a type of express term?

Accepted Answer

Implied warranty

Answer

Condition

Answer

Warranty

Answer

Representation

Question 3

Explain the distinction between a condition and a warranty:

Accepted Answer

Conditions hold more significance than warranties

Answer

Warranties are more significant than conditions

Answer

Conditions and warranties are identical in nature

Answer

No distinction exists between conditions and warranties

Question 4

What are the consequences of breaching a condition?

Accepted Answer

The non-breaching party has the right to terminate the contract and seek compensation

Answer

The non-breaching party can only seek compensation, without the option to terminate the contract

Answer

The contract becomes legally void from the outset

Answer

Breaching a condition has no legal consequences

Question 5

Define the difference between a representation and a warranty:

Accepted Answer

Representations convey factual information, while warranties involve promises

Answer

Warranties convey factual information, while representations involve promises

Answer

Representations and warranties are interchangeable terms

Answer

There is no discernible difference between representations and warranties

Question 6

What is the principle of caveat emptor?

Accepted Answer

The buyer assumes the risk of the purchase

Answer

The seller assumes the risk of the purchase

Answer

Both parties share the risk of the purchase equally

Answer

There is no such principle

Question 7

Which of the following is NOT a characteristic of express terms in a contract?

Accepted Answer

Express terms are implied by law.

Answer

Express terms are explicitly stated in the contract.

Answer

Express terms are legally binding.

Answer

Express terms can be modified by a subsequent agreement.

Question 8

Which of the following is NOT a characteristic of an express term?

Accepted Answer

Implied by law

Answer

Explicitly stated in the contract

Answer

Enforceable in court

Answer

Agreed upon by the parties

Question 9

Which of the following is the most common form of express term?

Accepted Answer

Written statement

Answer

Statutory provision

Answer

Verbal agreement

Answer

Custom or practice

Question 10

What is the legal effect of an express term?

Accepted Answer

Creates a legally binding obligation for the parties to the contract

Answer

May be excluded by a disclaimer

Answer

Only valid if it is in writing

Answer

Cannot be varied without the consent of both parties

Question 11

What is the difference between a condition and a warranty?

Accepted Answer

A condition is a fundamental term, the breach of which entitles the innocent party to terminate the contract, while a warranty is a less important term, the breach of which only gives rise to a claim for damages.

Answer

A warranty is a fundamental term, while a condition is a less important term.

Answer

A condition is a promise, while a warranty is a statement of fact.

Question 12

What are the consequences of breaching an express term?

Accepted Answer

The innocent party may terminate the contract or seek damages

Answer

The innocent party has no legal recourse

Answer

The contract is automatically void

Question 13

What is the parol evidence rule?

Accepted Answer

A legal principle that prevents the introduction of extrinsic evidence to contradict or vary the terms of a written contract

Answer

A rule that requires all contracts to be in writing

Question 14

What are the exceptions to the parol evidence rule?

Accepted Answer

To prove fraud, misrepresentation, or mistake

Answer

To vary the terms of the contract

Answer

To add new terms to the contract

Question 15

What is the doctrine of rectification?

Accepted Answer

A legal remedy that allows a court to correct a mistake in a written contract

Answer

A doctrine that prevents parties from entering into contracts based on a mistake

Answer

A rule that allows parties to terminate a contract for mistake

Question 16

What is the difference between a void and a voidable contract?

Accepted Answer

A void contract is invalid from the outset, while a voidable contract is initially valid but can be set aside by a court

Answer

A voidable contract is invalid from the outset, while a void contract is initially valid but can be set aside by a court

Question 17

What is the most reliable method for determining the existence of an express term?

Accepted Answer

Reviewing the written contract

Answer

Examining industry custom

Answer

Considering past dealings between the parties

Answer

Consulting an attorney

Question 18

A term that is crucial for the performance of a contract is referred to as:

Accepted Answer

Condition

Answer

Term

Answer

Representation

Answer

Warranty

Question 19

What are the legal consequences of breaching an express warranty?

Accepted Answer

Damages

Answer

No legal consequences

Answer

Injunction

Answer

Recission of contract

Question 20

Which of the following is NOT a characteristic of an express term?

Accepted Answer

Inferred from the conduct of the parties

Answer

Clearly expressed in the contract

Answer

Agreed upon by both parties

Answer

In writing

Question 21

A statement made during contract negotiations that persuades the other party to enter the contract is called a:

Accepted Answer

Representation

Answer

Term

Answer

Condition

Answer

Express warranty

Question 22

Which of the following is NOT a characteristic of an express term in a contract?

Accepted Answer

Implied by law or custom

Answer

Clearly communicated by both parties

Answer

Stated orally or in writing

Answer

Formally agreed upon

Question 23

Sarah and John agree to buy and sell a car for £5,000. This price is stated in writing within the contract. What type of express term is this?

Accepted Answer

Express condition precedent

Answer

Warranty

Answer

Innominate term

Answer

Implied condition

Question 24

A contract for the sale of a specific type of fabric states that the fabric must be 'fire-resistant'. This term is essential to the contract. What type of express term is this?

Accepted Answer

Condition

Answer

Warranty

Answer

Innominate term

Answer

Implied term

Question 25

A contract for a delivery service states that the delivery will be made within 24 hours. The delivery is delayed by 12 hours, causing minor inconvenience to the customer. What legal consequences are likely to arise?

Accepted Answer

Breach of warranty, potentially entitling the customer to damages.

Answer

No legal consequences, as the delay was minor.

Answer

Breach of condition, allowing the customer to terminate the contract.

Question 26

A construction contract states that the building must be completed by a specific date. The builder fails to complete the project on time due to unforeseen circumstances. What legal principle might be used to excuse the breach?

Accepted Answer

Frustration

Answer

Estoppel

Answer

Mistake

Answer

Misrepresentation

Question 27

A contract for the sale of a painting includes the following clause: 'The painting is guaranteed to be an original Van Gogh.' Later, it is discovered the painting is a fake. What legal principle might be relevant in determining the seller's liability?

Accepted Answer

Breach of express term

Answer

Mistake

Answer

Implied term

Answer

Frustration

Question 28

Two parties orally agree to a contract for the sale of a business. Later, one party disputes the existence of the contract. What legal principle might be relevant to proving the existence of the contract?

Accepted Answer

Parole evidence rule

Answer

Frustration

Answer

Estoppel

Answer

Privity of contract

Question 29

A contract for the sale of a property includes a clause stating that the buyer must pay a deposit within 7 days. The buyer fails to pay the deposit on time. What remedy might be available to the seller?

Accepted Answer

Termination of the contract

Answer

Specific performance

Answer

Damages for lost profits

Answer

Injunction

Question 30

Which of the following is NOT a method for incorporating express terms into a contract?

Accepted Answer

Implied by law or custom

Answer

Incorporation by course of dealing

Answer

Incorporation by notice

Answer

Incorporation by signature

Question 31

A contract for the sale of goods includes a clause stating that 'all warranties are excluded'. What legal principle might be relevant to the validity of this exclusion clause?

Accepted Answer

Unfair Contract Terms Act 1977

Answer

Privity of contract

Answer

Frustration

Answer

Estoppel