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Study Plan

Study plan
The following questions will help to test your current knowledge of all areas of International Business Law and will give you an indication of the main chapters in the book where you may need to study further to improve your knowledge. However, it is recommended that you do still review those chapters where you attained a pass.
There are two versions of the study plan available; the first contains questions covering the entire book and can, therefore, be somewhat lengthy to complete in one sitting, and the second has the same set of questions split up to cover a range of chapters, which allows you to take several shorter quizzes at different times. Both versions of the study plan questions are exactly the same so just choose one set based on your preference.

Study Plan – Entire book

This activity contains 50 questions.

Which of the following statements is not true?

An invitation to treat is not an offer.
An offeree is a person who makes an offer.
A display of goods in a supermarket is usually an invitation to treat.
A counter offer revokes the original offer.

Which of the following statements is not true?

The postal rule applies to acceptances and to revocations.
The postal rule will not apply where it would cause manifest inconvenience and absurdity.
The postal rule applies only to letters and telegrams.
The postal rule will not apply if the letter of acceptance was not properly posted.

In which of the following cases was an offer of a unilateral contract made?

Carlill v Carbolic Smoke Ball Co
Partridge v Crittenden
Felthouse v Bindley
Brinkibon v SSuSmbH

Which one of the following statements is not true?

It is not good consideration to promise to perform a duty imposed by the general law.
It is not possible for a promise to perform a duty which arose under a previous contract with the same person to be given as good consideration.
It can never be good consideration to promise to perform an existing duty.
It can be good consideration to promise to perform an existing duty which arose under a contract with a third party.

Which of the following statements is not true?

Promissory estoppel might merely suspend, rather than extinguish, obligations.
Promissory estoppel is an equitable doctrine.
Promissory estoppel is a shield not a sword.
Foakes v Beer first established the principle of promissory estoppel.

Which one of the following statements is not true?

If a warranty is breached the injured party can terminate the contract.
Express terms are expressed by the parties to the contract in words.
If a condition of a contract is breached the injured party can terminate the contract.
Terms can be implied into a contract as a matter of fact or as a matter of law.

Which one of the following statements is not true?

Section 12(1) SGA 1979 implies a condition that the seller has the right to sell the goods.
Sections 14(2) and 14(3) SGA 1979 are implied only when the seller sells in the course of a business.
Sections 12(1) and 13(1) SGA 1979 can be implied even if the seller does not sell in the course of a business.
The terms implied by SGA 1979 ss.12(1), 12(2), 13(1), 14(2), 14(3) and 15(2) are all conditions.

Which one of the following statements, made in relation to SGA 1979, is not true?

A non-consumer buyer will not be able to terminate the contract on account of a breach of s.14(2) if the breach is so slight as to make rejection unreasonable.
Any buyer who uses goods will automatically be deemed to have accepted them.
A consumer buyer will be able to terminate the contract on account of a breach of s.14(2) even if the breach is so slight as to make rejection unreasonable.
A buyer who has accepted goods will not be able to terminate the contract even if s.13(1) has been breached.

Which one of the following is not an additional remedy which Part5A SGA 1979 might make available to a consumer buyer?

Return the goods and demand a full refund of the price.
Have the purchase price of the goods reduced.
Have the goods replaced.
Have the goods repaired.

Which two of the following statements are not true?

A company cannot deal as a consumer for the purposes of UCTA 1977 or SGA 1979.
UCTA 1977 does not deal with incorporation of an exclusion clause into a contract.
UCTA 1977 protects those who deal as consumers to a greater extent than those who do not?
The Unfair Terms in Consumer Contracts Regs 1999 use the same definition of a consumer as is used by UCTA 1977.

Which one of the following statements is not true?

Silence can never be an actionable misrepresentation.
Only a statement which induces the other party to make the contract can be an actionable misrepresentation.
The remedies for misrepresentation are not the same as the remedies for breach of contract.
A statement of pure opinion cannot be an actionable misrepresentation.

Which one of the following is not a type of actionable misrepresentation?

Wholly innocent misrepresentation.
Fraudulent misrepresentation.
Negligent misrepresentation.
Breach of condition misrepresentation.

In which one of the following ways can the right to rescind a contract for misrepresentation not be lost?

Affirmation of the contract.
Impossibility of restoring the pre-contract positions of the parties.
Non est factum.
If rescission would affect third party rights.

Which one of the following is not a type of common mistake which can make a contract void?

Mistake as to the existence of the subject matter of the contract.
Mistake as to the possibility of performing the contract.
Mistake as to the quality of the subject matter of the contract.
Mistake as to the ownership of goods which are sold.

Which one of the following statements is not true? Mistake as to the identity of the other person can make a contract void only if:

The contract was not voidable for misrepresentation
The parties did not meet face to face.
The mistake was a material mistake.
The mistake was as to the other persons identity, rather than as to his attributes.

In which one of the following ways can contractual obligations not be discharged?

By frustration
By performance
By agreement
By revocation of an offer

Which one of the following cannot cause a contract to become frustrated?

The contract became impossible to perform
The subject matter of the contract never existed.
The contract became radically different from what the parties contemplated when they made it.
The contract became illegal to perform

Which one of the following statements is not true?

A party who should have foreseen a particular event cannot claim that that event frustrated a contract.
A force majeure clause can prevent a contract from becoming frustrated.
A party who caused a particular event cannot claim that that event frustrated a contract.
A contract will become frustrated if it becomes radically more expensive to perform.

Which one of the following statements, made in relation to the Law Reform (Frustrated Contracts) Act 1943, is not true?

Under the Act, money owing under the contract ceases to be payable.
The Act sets out the ways in which a contract can become frustrated.
Under the Act, money paid is recoverable, but a court may order some of the money may be retained to cover expenses.
Under the Act, a party who has received a valuable benefit can be ordered to pay for it.

Which one of the following statements is not true?

Nominal damages are token damages.
Damages cannot be claimed in respect of a loss caused by a breach of contract if the loss was too remote.
Nominal damages are damages which were agreed in the contract.

Which one of the following statements is not true?

A tort is a civil wrong which is not a breach of contract.
There are several different torts, which impose liability in different circumstances.
Liability in tort is generally strict.
Tortious liability is generally imposed by the courts.

Which one of the following does not need to be proved in order to establish the tort of negligence?

That the defendant owed the claimant a duty of care.
That the defendant breached this duty.
That this breach of duty caused the claimant to suffer a foreseeable type of damage.
That the defendant intended to cause the claimant harm or loss.

In relation to the Compensation Act 2006, which one of the following statements is not true?

If s.3 applies, any person who is responsible can be sued by the claimant for the whole of the damage caused.
A person who makes an apology does not necessarily admit negligence.
Section 3 applies only where a person has contracted mesothelioma.
Sections 1 and 2 of the Act significantly changed the common law.

As regards occupier’s liability, which one of the following statements is not true?

The Unfair Contract Terms Act 1977 can apply in relation to the duty of care imposed by the Occupier’s Liability Act 1984.
It is possible for notices to make a lawful visitor who would otherwise not be safe reasonably safe in visiting premises.
Volenti non fit injuria can be a complete defence to a claim under the Occupier’s Liability Act 1957.
One duty is owed to lawful visitors and a different duty is owed to trespassers.

In relation to the Consumer Protection Act 1987 Part 1, which one of the following statements is not true?

The Act applies only if a product is unsafe.
Under the Act, it is a defence to show that the product was not supplied or manufactured in the course of a business.
‘Own branders’ can be liable under the Act.
The Act allows claims to be made for damage to non-business property, as long as the damage amounted to at least �100.

Which one of the following statements is not true?

Members of a limited company have limited liability for the company’s debts.
A company can own property.
If all the shareholders in a company die this will cause the company to be wound up.
A company can be found guilty of manslaughter.

Which one of the following statements is not true?

A plc need have only one shareholder.
The shares of a plc must be quoted on a stock exchange.
A plc must have a suitably qualified company secretary.
A plc must have at least two directors.

Which one of the following statements is not true?

A company’s constitution consists of its articles of association and any unanimous resolutions of the members.
When a company’s articles are altered, the Registrar of Companies must be sent a copy of the amended articles.
A company’s unentrenched articles may be amended by special resolution.
A new-style memorandum of association cannot be changed once the company has been registered.

Which one of the following statements is not true?

Every company must keep a register of directors.
Directors cannot be paid only out of company profits.
A director may resign at any time.
No person under 16 can be appointed a director of a company.

Which one of the following statements is not a statutory duty of directors?

The duty to resign if the company is consistently making a loss.
The duty to act within powers.
The duty to avoid conflicts of interest.
The duty to exercise reasonable care, skill and diligence.

Which one of the following statements is not true?

Generally, ordinary shareholders have the right to a dividend if one is declared.
The shareholders (members) of a company manage the company.
Different classes of shareholders may have different rights.
Generally, ordinary shareholders have the right to vote at company meetings.

Which one of the following statements is not true?

Generally, ordinary shareholders have the right to a dividend if one is declared.
The shareholders (members) of a company manage the company.
Different classes of shareholders may have different rights.
Generally, ordinary shareholders have the right to vote at company meetings.

Which one of the following statements is not true?

Members of private companies can pass resolutions either as written resolutions or can do so at a company meeting.
An ordinary resolution is passed only if over 50% of members who vote on it vote in favour of it.
A special resolution is passed only if over 75% of members who vote on it vote in favour of it.
Resolutions which affect a company’s constitution must be registered with the Registrar of Companies within 15 days of being passed.

Which one of the following statements is not true?

In some circumstances the members of a company can propose a written resolution.
Only members present at the meeting can vote on a resolution moved at a company meeting.
A special resolution can be passed as a written resolution.
In some circumstances the members of a company can require the directors to call a company meeting.

Which one of the following statements is not true?

A derivative action can be brought only if a court gives permission.
A derivative action cannot be brought by a member of a plc.
A derivative action can be brought by a member of a company.
A derivative action can be brought only on behalf of the company.

Which one of the following statements is not true?

A member of a company has the right to prevent the company from entering into an ultra vires transaction.
A proposed ultra vires transaction can be ratified by ordinary resolution.
Only conduct which is unfair can be within the s.994 right to petition the court against unfair prejudice.
Any member may petition the court to wind the company up under the Insolvency Act 1986.

Which one of the following statements is not true?

Every partner is an agent of the firm for the purpose of the business of the partnership.
For a partnership to exist, two or more persons must carry on a business together with the intention of making a profit.
A partnership is commonly known as a firm.
A partnership has a legal personality of its own, in the same way that a company has.

Which one of the following statements is not true?

A partner can make a contract which binds the firm only if the contract was made in the usual way in which one would expect such a contract to be made.
A partner can make a contract which binds the firm only if the contract was a type of contract which the firm would usually make.
A partner can make a contract which binds the firm only if the other partners have consented to the contract being made.
A partner can make a contract which binds the firm only if he appeared to be making it on behalf of the firm.

Which one of the following statements is not true?

A non-partner who knowingly allows himself to be held out as a partner can be liable as if he really was a partner.
A firm will be liable for all torts which a partner commits.
A firm will be liable for a tort committed by a partner if the other partners authorized the tort.
A firm will be liable for a tort committed by a partner if the tort was committed in the ordinary course of the firm’s business.

Which one of the following rules is not implied by s.24 Partnership Act 1890?

Unless otherwise agreed, the firm’s capital must be contributed equally.
Unless otherwise agreed, profits will be shared equally.
Unless otherwise agreed, disputes about ordinary matters are resolved by a majority vote.
Unless otherwise agreed, a majority of partners can change the nature of the partnership business.

Which one of the following statements is not true?

Like ordinary partnerships, LLPs do not have to be registered with the Registrar of Companies.
An LLP must have at least two members.
An LLP is a separate legal entity in its own right.
At least one member of an LLP must be a designated member.

Which one of the following statements is not true?

Certain terms are implied into contracts of employment as a matter of law.
Employers can be vicariously liable for torts committed by their employees.
Statutes which prevent discrimination against employees never protect independent contractors.
Employees work under a contract of employment, independent contractors contract to provide services.

Which one of the following statements is not an implied obligation of an employee?

To work overtime if required to do so by the employer.
To use reasonable care and skill.
To show mutual respect to the employer.
To obey lawful and reasonable orders.

Which one of the following statements is not true?

There can be a claim for unfair dismissal even if an employee has not been dismissed.
Some dismissals are automatically unfair.
The three remedies for unfair dismissal are reinstatement, re-engagement and compensation.
Independent contractors cannot claim unfair dismissal.

Which one of the following statements is not true?

A basic award for unfair dismissal can be reduced if the employee refuses an offer of re-instatement or re-engagement.
The basic award for unfair dismissal is calculated by reference to the number of years of continuous employment.
There is a statutory cap on the weekly wage used to calculate the basic award.
The basic award for unfair dismissal is generally higher than a statutory redundancy payment.

Which one of the following statements is not true?

Every employee is entitled to a minimum period of notice and there are statutory minimum periods.
Wrongful dismissal is another name for unfair dismissal.
Only a person with two years’ continuous employment can claim a statutory redundancy payment.
Not all employees who lose their jobs are made redundant.

Which one of the following statements is not true?

Article 141 of the EC Treaty requires member states to ensure the principle of equal pay for male and female workers if they do equal work or work of equal value.
A man cannot bring a claim under the Equal Pay Act.
An equality clause requires the terms of a woman’s contract to be changed so that they are no less favourable than those of the male comparator.
National courts must interpret the Equal Pay Act so as to give effect to Article 141 of the EC Treaty.

On which one of the following grounds can a woman not bring a claim under the Equal Pay Act 1970?

That she does like work with that of a male comparator.
That the work she does is equivalent to that of a male comparator.
That a male has been unjustifiably promoted ahead of her.
That the work she does is of equal value to that done by a male comparator.

Which one of the following statements is not a form of discrimination under the Race Relations Act 1986?

Harassment.
Indirect discrimination.
Prejudice.
Victimisation.

In relation to the Sex Discrimination Act 1975, which one of the following would not amount to discrimination in the employment field?

Offering discriminatory terms of employment.
Paying a woman less than a man who does the same work.
Making discriminatory arrangements for the purposes of determining who should be offered employment.
Refusing to employ a woman because she is a woman.

On which one of the following grounds can it generally be permissible to refuse to employ a person?

Because he or she has been in prison.
Because of his or her ethnic origins.
Because he or she is married.
Because of his or her sexual orientation.