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Contract Law Frustration Events
Summary
In contract law, frustration occurs when unforeseen events make a contract impossible to perform. A poor harvest is not typically considered a frustrating event. Procedural fairness focuses on impaired consent, while substantive fairness examines the negotiation outcome. Undue influence and misrepresentation can vitiate contracts due to impaired consent and preventing unjust profit, respectively. Breach consequences depend on the seriousness of the breach, and damages are available as of right. Unjust enrichment requires a benefit conferred, and defenses include illegality and counter-restitution impossibility.Full Conversation
Which of the below is NOT a frustrating event?
Question 6Select one:
A.
A contract for the sale of apples becomes impossible for the seller to perform because of a poor harvest in the country of origin.
B.
A contract to export electronic components for the nuclear in****ustry is ren****ere**** illegal by the Nuclear In****ustries Act *.
C.
A singer is unable to fulfil a contract to perform ****ue to catching influenza.
D.
A ship that is time chartere**** becomes unavailable as it has run agroun**** in Liverpool Bay.
In the context of contract law, frustration occurs when an unforeseen event ren****ers a contract impossible to perform or ra****ically changes the principal purpose of the contract.
The option that is NOT a frustrating event is:
A. A contract for the sale of apples becomes impossible for the seller to perform because of a poor harvest in the country of origin.
This situation is usually consi****ere**** a foreseeable risk an**** ****oes not generally constitute frustration.
The option that is NOT a frustrating event is:
A. A contract for the sale of apples becomes impossible for the seller to perform because of a poor harvest in the country of origin.
This situation is usually consi****ere**** a foreseeable risk an**** ****oes not generally constitute frustration.
Which of the following aspects of contract law ****oes proce****ural fairness focus on?
Question 1Select one:
A.
Whether to make the contract voi**** or voi****able.
B.
The fairness of the outcome of the negotiation process.
C.
Whether the claimant’s consent was impaire**** an**** the blameworthiness of the ****efen****ant.
Proce****ural fairness in contract law focuses on:
C. Whether the claimant’s consent was impaire**** an**** the blameworthiness of the ****efen****ant.
C. Whether the claimant’s consent was impaire**** an**** the blameworthiness of the ****efen****ant.
Which of the following aspects of contract law ****oes substantive fairness focus on?
Question 2Select one:
A.
The fairness of the outcome of the negotiation process.
B.
Whether the process of arriving at the contract i.e. the negotiation of the contract, was fair.
C.
The quality of the claimant’s consent.
D.
Whether to make the contract voi**** or voi****able.
Case Rating: *
Substantive fairness in contract law focuses on:
A. The fairness of the outcome of the negotiation process.
This aspect looks at whether the terms of the contract are fair an**** just for both parties involve****.
Substantive fairness in contract law focuses on:
A. The fairness of the outcome of the negotiation process.
This aspect looks at whether the terms of the contract are fair an**** just for both parties involve****.
Which of the following factors is the main justification for allowing un****ue influence to vitiate a contract that has been agree**** between the parties?
Question 3Select one:
A.
To prevent the representor from profiting from their own wrong an**** ensuring that they compensate for the loss they have cause****.
B.
Consent that is procure**** through the abuse of the representor’s influence over another cannot fairly be treate**** as the expression of the claimant’s free will.
C.
The ****efen****ant exerte**** illegitimate pressure on the claimant which affecte**** their free****om to enter the contract.
Case Rating: *
The main justification for allowing un****ue influence to vitiate a contract is:
B. Consent that is procure**** through the abuse of the representor’s influence over another cannot fairly be treate**** as the expression of the claimant’s free will.
This principle is base**** on the i****ea that true consent must be given freely an**** voluntarily without any un****ue pressure or influence.
The main justification for allowing un****ue influence to vitiate a contract is:
B. Consent that is procure**** through the abuse of the representor’s influence over another cannot fairly be treate**** as the expression of the claimant’s free will.
This principle is base**** on the i****ea that true consent must be given freely an**** voluntarily without any un****ue pressure or influence.
Which of the following factors is a justification for allowing mistake to vitiate a contract that has been agree**** between the parties
Question 4Select one:
A.
To avoi**** the injustice to the claimant that results from the mistake.
B.
There is no justification because the ****octrine of mistake shoul**** be ****ealt with un****er the rules of contract formation ****ealing with offer an**** acceptance.
C.
The claimant’s consent was ****efective or nullifie****.
D.
The ****efen****ant exerte**** illegitimate pressure on the claimant which affecte**** their free****om to enter the contract.
Case Rating: *
The correct answer for the justification for allowing mistake to vitiate a contract that has been agree**** between the parties is:
C. The claimant’s consent was ****efective or nullifie****.
A mistake can vitiate a contract if it affects the vali****ity of the claimant's consent, ren****ering it ****efective or nullifie****.
The correct answer for the justification for allowing mistake to vitiate a contract that has been agree**** between the parties is:
C. The claimant’s consent was ****efective or nullifie****.
A mistake can vitiate a contract if it affects the vali****ity of the claimant's consent, ren****ering it ****efective or nullifie****.
Which of the following factors is a justification for allowing misrepresentation to vitiate a contract that has been agree**** between the parties?
Question 5Select one:
A.
The misrepresentation amounte**** to an illegitimate pressure on the claimant which affecte**** their free****om to enter the contract.
B.
To ensure that the influence of one party over another is not abuse****.
C.
To prevent the representor from profiting from their own wrong an**** ensuring that they compensate for the loss they have cause****.
Case Rating: *
The correct answer to the question "Which of the following factors is a justification for allowing misrepresentation to vitiate a contract that has been agree**** between the parties?" is:
C. To prevent the representor from profiting from their own wrong an**** ensuring that they compensate for the loss they have cause****.
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The correct answer to the question "Which of the following factors is a justification for allowing misrepresentation to vitiate a contract that has been agree**** between the parties?" is:
C. To prevent the representor from profiting from their own wrong an**** ensuring that they compensate for the loss they have cause****.
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Even where a contract satisfies the test of formation it might still be consi****ere**** unenforceable. This is contrary to the ****ominant theory of contract law which entails respecting the free****om of the parties to contract.
Which of the following factors are consi****ere**** goo**** reasons for interfering with the parties’ autonomy in or****er to set asi****e their vali****ly forme**** contract?
Impaire**** consent
Improper behaviour of the ****efen****ant
The nee**** for minimal legal intervention
The evi****ent unfairness of the contract
The welfare of the party’s shoul**** be maximise****
An unforeseeable change of circumstances
Question 6Select one:
A.
B, E an**** F
B.
A, B, C an**** D
C.
B, C an**** E
D.
All of them
E.
A, B, D an**** F
Case Rating: *
The correct answer for the factors consi****ere**** goo**** reasons for interfering with the parties’ autonomy to set asi****e their vali****ly forme**** contract is:
E. A, B, D an**** F
- Impaire**** consent
- Improper behaviour of the ****efen****ant
- The evi****ent unfairness of the contract
- An unforeseeable change of circumstances
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The correct answer for the factors consi****ere**** goo**** reasons for interfering with the parties’ autonomy to set asi****e their vali****ly forme**** contract is:
E. A, B, D an**** F
- Impaire**** consent
- Improper behaviour of the ****efen****ant
- The evi****ent unfairness of the contract
- An unforeseeable change of circumstances
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Which of the below ****oes NOT follow from ParkingEye v Beavis?
Question 1Select one:
A.
The ju****gment ****eals with an important aspect of every****ay life of UK consumers.
B.
The ju****gment overrule**** the law on penalty clauses.
C.
The ju****gment suggests that liqui****ate**** ****amages clauses can provi****e for more than the genuine pre-estimate of the loss as long as there is a legitimate interest in ****oing so.
Case Rating: *
To a********ress your query, the correct answer is:
B. The ju****gment overrule**** the law on penalty clauses.
ParkingEye v Beavis ****i**** not overrule the law on penalty clauses, but rather clarifie**** the circumstances un****er which such clauses may be enforceable.
To a********ress your query, the correct answer is:
B. The ju****gment overrule**** the law on penalty clauses.
ParkingEye v Beavis ****i**** not overrule the law on penalty clauses, but rather clarifie**** the circumstances un****er which such clauses may be enforceable.
A breach of contract can result in termination of the contract.
Continue the sentence: The consequence of a breach of an innominate or interme****iate term will ****epen**** on
Question 2Select one:
A.
whether the term is a con****ition.
B.
what is fair an**** just un****er the circumstances.
C.
the seriousness of the breach.
D.
Whether the term is a warranty.
Case Rating: *
The consequence of a breach of an innominate or interme****iate term will ****epen**** on:
C. the seriousness of the breach.
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The consequence of a breach of an innominate or interme****iate term will ****epen**** on:
C. the seriousness of the breach.
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Jimmy or****ere**** a TV from an online shop. It was suppose**** to be ****elivere**** by April *. Which of the below situations is NOT a breach of contract?]
Question 3Select one:
A.
The TV was ****elivere**** on April *.
B.
The TV was ****elivere**** on April *.
C.
The TV was ****elivere**** ****amage**** on April *.
D.
On April * Jimmy receive**** an email from the online shop that they ran out of the relevant mo****el an**** that they will cancel the or****er.
Case Rating: *
The situation that is NOT a breach of contract is:
A. The TV was ****elivere**** on April *.
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The situation that is NOT a breach of contract is:
A. The TV was ****elivere**** on April *.
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Which of the below is FALSE about ‘breach of contract’?
Question 4Select one:
A.
A breach of contract ****oes not automatically bring the contract to en****.
B.
A breach of contract will automatically entitle the innocent party to terminate the contract.
C.
Any repu****iatory breach will give rise to ****amages.
D.
A breach of contract can occur before or after the performance was ****ue.
Case Rating: *
The option that is FALSE about 'breach of contract' is:
B. A breach of contract will automatically entitle the innocent party to terminate the contract.
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The option that is FALSE about 'breach of contract' is:
B. A breach of contract will automatically entitle the innocent party to terminate the contract.
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Which of the below is FALSE? Damages for breach of contract can be:
Question 5Select one:
A.
Expectation ****amages.
B.
Experience ****amages.
C.
Reliance ****amages.
Case Rating: *
The correct answer is:
B. Experience ****amages.
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The correct answer is:
B. Experience ****amages.
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Which of the below is FALSE about rescission?
Question 6Select one:
A.
Rescission aims to restore the parties to their pre-contractual positions.
B.
If circumstances require, parties may choose partial rescission.
C.
Rescission takes place ‘ab initio’.
Case Rating: *
The option that is FALSE about rescission is:
B. If circumstances require, parties may choose partial rescission.
Rescission typically means the contract is un****one completely, not partially. Woul**** you like more information on this topic or assistance with another legal question?
The option that is FALSE about rescission is:
B. If circumstances require, parties may choose partial rescission.
Rescission typically means the contract is un****one completely, not partially. Woul**** you like more information on this topic or assistance with another legal question?
Continue the sentence: Expectation ****amages aim to put the innocent party in a position as if
Question 1Select one:
A.
the contact was not conclu****e****.
B.
the contract was not performe****.
C.
the contract was performe****.
Case Rating: *
The correct answer is:
C. the contract was performe****.
Expectation ****amages aim to put the innocent party in a position as if the contract ha**** been performe****.
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The correct answer is:
C. the contract was performe****.
Expectation ****amages aim to put the innocent party in a position as if the contract ha**** been performe****.
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Where a breach occurs, the injure**** party is expecte**** to mitigate the loss cause**** by the ****efen****ant’s breach.
Which of the below ****oes NOT characterise mitigation?
Question 2Select one:
A.
The injure**** party must not take unreasonable steps that increase his/her loss.
B.
The injure**** party must take reasonable steps to minimise his/her loss.
C.
Mitigation reflects the focus of contract reme****ies on ****ivi****ing losses between claimant an**** ****efen****ant rather than transferring loss from claimant to ****efen****ant.
D.
The injure**** party can claim ****amages imme****iately following the breach without taking any steps to minimise his/her loss.
Case Rating: *
D. The injure**** party can claim ****amages imme****iately following the breach without taking any steps to minimise his/her loss.
D. The injure**** party can claim ****amages imme****iately following the breach without taking any steps to minimise his/her loss.
In which of the below circumstances woul**** the innocent party to the breach NOT have the interest to claim reliance ****amages?
Question 3Select one:
A.
When the innocent party cannot prove the amount of lost profit.
B.
When the innocent party inten****s to recover pre-contractual expenses.
C.
When the innocent party can prove the amount of lost profit.
Case Rating: *
The innocent party to the breach woul**** NOT have the interest to claim reliance ****amages:
C. When the innocent party can prove the amount of lost profit.
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The innocent party to the breach woul**** NOT have the interest to claim reliance ****amages:
C. When the innocent party can prove the amount of lost profit.
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What rule ****i**** the court establish in Farley v Skinner?
Question 4Select one:
A.
Distress ****amages for loss of enjoyment can be awar****e**** if enjoyment is the very object of the contract.
B.
Distress ****amages for loss of enjoyment can be awar****e**** if enjoyment is an important term of the contract.
C.
Distress ****amages for loss of enjoyment can always be awar****e**** if the court fin****s it just on the facts of the case.
Case Rating: *
The rule establishe**** by the court in Farley v. Skinner is:
A. Distress ****amages for loss of enjoyment can be awar****e**** if enjoyment is the very object of the contract.
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The rule establishe**** by the court in Farley v. Skinner is:
A. Distress ****amages for loss of enjoyment can be awar****e**** if enjoyment is the very object of the contract.
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Which of the following types of loss is NOT recoverable un****er the remoteness rule set out in Ha****ley v Baxen****ale?
Question 5Select one:
A.
Unforeseeable loss.
B.
Loss arising naturally.
C.
Foreseeable loss.
D.
Loss that may reasonably be suppose**** to have been in the contemplation of the contracting parties at the time the contract was ma****e.
Case Rating: *
The type of loss that is NOT recoverable un****er the remoteness rule set out in Ha****ley v Baxen****ale is:
A. Unforeseeable loss.
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The type of loss that is NOT recoverable un****er the remoteness rule set out in Ha****ley v Baxen****ale is:
A. Unforeseeable loss.
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Continue the sentence: Damages for breach of contract are available
Question 6Select one:
A.
as a ****iscretionary reme****y.
B.
as an equitable reme****y.
C.
as of right.
Case Rating: *
The correct answer is:
C. as of right.
Damages for breach of contract are typically available as of right, meaning that if a breach of contract is proven, the injure**** party is entitle**** to ****amages as a matter of right, not base**** on ju****icial ****iscretion.
Woul**** you like assistance with any other legal questions?
The correct answer is:
C. as of right.
Damages for breach of contract are typically available as of right, meaning that if a breach of contract is proven, the injure**** party is entitle**** to ****amages as a matter of right, not base**** on ju****icial ****iscretion.
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Which of the following is not one of the elements that a claimant must establish to succee**** in a claim for unjust enrichment?
Question 1Select one:
A.
Claimant's expense
B.
Defen****ant's loss
C.
Unjustness of the enrichment
D.
Defen****ant's enrichment
Case Rating: *
The correct answer is:
B. Defen****ant's loss
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The correct answer is:
B. Defen****ant's loss
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Prior to *, was the law of unjust enrichment explicitly recognize**** as a separate bo****y of law?
Question 2Select one:
A.
No
B.
Yes
Case Rating: *
The answer to the question "Prior to *, was the law of unjust enrichment explicitly recognize**** as a separate bo****y of law?" is:
A. No
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The answer to the question "Prior to *, was the law of unjust enrichment explicitly recognize**** as a separate bo****y of law?" is:
A. No
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What must be establishe**** to claim unjust enrichment?
Question 3Select one:
A.
A benefit conferre****
B.
A court or****er
C.
A vali**** contract
D.
A breach of contract
Case Rating: *
To claim unjust enrichment, the following must be establishe****:
- A benefit conferre****
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To claim unjust enrichment, the following must be establishe****:
- A benefit conferre****
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What ****oes the term "quantum meruit" refer to in the context of unjust enrichment?
Question 4Select one:
A.
Recovery of the reasonable value of goo****s
B.
Recovery of money pai****
C.
Recovery of the reasonable value of services
D.
Recovery of fun****s hel**** for the claimant's benefit
Case Rating: *
The term "quantum meruit" in the context of unjust enrichment refers to:
C. Recovery of the reasonable value of services
The term "quantum meruit" in the context of unjust enrichment refers to:
C. Recovery of the reasonable value of services
In the context of unjust enrichment, which ****efense relates to the i****ea that restitution may be ****enie**** if the enrichment resulte**** from an illegal act?
Question 5Select one:
A.
Change of position
B.
Counter-restitution impossible
C.
Exclusion by contract
D.
Illegality
Case Rating: *
The ****efense that relates to the i****ea that restitution may be ****enie**** if the enrichment resulte**** from an illegal act is:
D. Illegality
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The ****efense that relates to the i****ea that restitution may be ****enie**** if the enrichment resulte**** from an illegal act is:
D. Illegality
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In which situation might the ****efense of "counter-restitution impossible" be applicable in unjust enrichment cases?
Question 6Select one:
A.
When the parties have change**** their positions
B.
When returning the benefit receive**** is not feasible
C.
When an agency relationship exists
D.
When there is a vali**** contract
Case Rating: *
The correct answer is:
B. When returning the benefit receive**** is not feasible.
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The correct answer is:
B. When returning the benefit receive**** is not feasible.
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