Express Terms: A Comprehensive Guide for Contract Law Students

Question 1

When is a collateral contract enforceable despite being excluded by the parol evidence rule?

Accepted Answer

When it is supported by separate consideration

Answer

When it is implied by the court

Answer

When it is entered into after the main contract

Answer

It is never enforceable

Question 2

What is the doctrine of substantial performance?

Accepted Answer

A party can fulfill their contractual obligations by performing the contract in a substantially similar manner

Answer

A party can fulfill their contractual obligations by performing part of the contract

Answer

A party can fulfill their contractual obligations by performing the contract to the best of their ability

Answer

A party can fulfill their contractual obligations by performing the contract exactly as agreed

Question 3

Which of the following factors is NOT relevant when determining whether a term is an implied term?

Accepted Answer

The intention of the parties

Answer

Custom and usage of the trade

Answer

Course of dealings between the parties

Answer

The parties' reasonable expectations

Question 4

What is the purpose of an exclusion clause?

Accepted Answer

To limit or exclude liability for breach of contract

Answer

To create a condition precedent to the contract

Answer

To impose additional obligations on the parties

Answer

To waive the right to terminate the contract

Question 5

What is the legal effect of a warranty in a contract?

Accepted Answer

It gives rise to a strict liability for breach

Answer

It creates a condition that must be fulfilled before the other party is bound to perform

Answer

It excludes liability for breach

Answer

It shifts the burden of proof in case of breach

Question 6

Which of the following is a characteristic of an implied term?

Accepted Answer

It is derived from the surrounding circumstances

Answer

It is explicitly stated in the contract

Answer

It cannot be overridden by an express term

Answer

It is always binding on the parties

Question 7

What is the distinction between an express condition and a warranty?

Accepted Answer

An express condition must be fulfilled before the other party is bound to perform, while a warranty does not

Answer

A warranty gives rise to a strict liability for breach, while an express condition does not

Answer

An express condition is always material, while a warranty may not be

Answer

An express condition can be waived, while a warranty cannot

Question 8

What are the potential legal consequences of a misrepresentation in a contract?

Accepted Answer

It can give rise to a right to damages or rescission

Answer

It always renders the contract void

Answer

It is only actionable if it is fraudulent

Answer

It has no legal effect unless it is made in writing

Question 9

What does the doctrine of frustration of purpose address?

Accepted Answer

It allows a party to be released from a contract if the purpose of the contract has been frustrated by an unforeseen event

Answer

It requires a party to perform a contract even if it becomes impossible or impractical to do so

Answer

It imposes a strict liability on a party for breach of contract

Answer

It prevents a party from recovering damages for breach of contract

Question 10

Which element is crucial for incorporating an express term into a contract under English law?

Accepted Answer

Mutual assent

Answer

Consideration

Answer

Written form

Answer

Oral representation

Question 11

Under the parol evidence rule, what evidence is typically inadmissible to contradict or modify the terms of a written contract?

Accepted Answer

Prior oral agreements

Answer

Subsequent oral agreements

Answer

Written agreements made simultaneously

Answer

Evidence of custom and usage

Question 12

Which characteristic does NOT apply to express terms?

Accepted Answer

Implied from the circumstances

Answer

Agreed upon by both parties

Answer

Incorporated into the written contract

Answer

Legally enforceable

Question 13

In contract law, express terms are defined as:

Accepted Answer

Terms that are incorporated into a contract through direct communication.

Answer

Terms implied by the court from the context of the agreement.

Answer

Terms that are automatically binding and enforceable upon the parties.

Answer

The sole type of terms that can be included in a contract.

Question 14

What is the primary purpose of the parol evidence rule in contract law?

Accepted Answer

To prevent fraud and ensure the reliability of written contracts.

Answer

To allow written contracts to be modified by oral agreements.

Answer

To determine the parties' intentions at the time of contracting.

Answer

To encourage parties to create comprehensive and fully negotiated written contracts.

Question 15

When does the parol evidence rule apply?

Accepted Answer

When a written contract exists and the parties attempt to introduce extrinsic evidence to vary or contradict its terms

Answer

When a contract is formed orally and the parties attempt to introduce written evidence to vary or contradict its terms

Question 16

What are the consequences of breaching an express term in a contract?

Accepted Answer

Gives rise to a right to damages or other remedies

Answer

Terminates the contract

Answer

Creates a new contract

Question 17

How do express and implied terms differ?

Accepted Answer

Express terms are explicitly stated in the contract, while implied terms are derived from the law, custom, or usage

Answer

Express terms are only found in written contracts, while implied terms are found in both written and oral contracts

Answer

Express terms are more important than implied terms

Answer

Implied terms are always present in every contract

Question 18

Which factor should NOT be considered when interpreting an express term?

Accepted Answer

The subjective intentions of the parties

Answer

The surrounding circumstances

Answer

The purpose of the contract

Answer

The context in which the term was used

Question 19

Distinguish between a condition and a warranty in contract law.

Accepted Answer

A condition is a fundamental term, whose breach gives rise to a right to terminate the contract. A warranty is a less important term, whose breach only results in a right to damages.

Answer

A condition is a term that is essential to the contract, while a warranty is a term that is not essential to the contract

Question 20

Define a condition precedent.

Accepted Answer

A condition precedent is a term whose performance must occur before the other party's obligations under the contract arise

Answer

A condition precedent is a fundamental term of the contract

Answer

A condition precedent is a warranty

Question 21

Which of the following methods is NOT used to incorporate express terms into a contract?

Accepted Answer

Industry custom

Answer

Oral agreement

Question 22

When is the parol evidence rule most likely to be implemented?

Accepted Answer

When there is a comprehensive written contract

Answer

When there is a contract for the sale of land

Question 23

Which factor is irrelevant in determining whether an express term is incorporated by reference?

Accepted Answer

Parties' subjective intentions

Answer

The notice given to the parties

Question 24

Which statement about express terms holds true?

Accepted Answer

They hold greater significance compared to implied terms.

Answer

They are not enforceable if not disclosed to both parties

Question 25

When is a term more likely to be deemed a condition rather than a warranty?

Accepted Answer

If its breach fundamentally impacts the contract's purpose

Answer

When it is a minor inconvenience

Question 26

Which of the following best exemplifies an exemption clause?

Accepted Answer

A clause excluding liability for negligence

Answer

A clause that defines the parties' obligations