Question 1

In English law, promissory estoppel is a defence to a claim and can be raised only where there is a pre-existing contract?

Accepted Answer

A) True 
 B)False

Question 2

Should the Court of Appeal decision in Williams v Roffey be regarded as a great leap forward, preventing rigid rules getting in the way of business practice or an act of vandalism against rules that must remain intact?

Accepted Answer

The Court of Appeal decision in <em clas...

Question 3

Which case held that a promise to stop complaining how a father distributed his assets to his children was not supported by good consideration?

Accepted Answer

A)   Williams v Williams
B)   Re McArdle
C)   Roscorla v Thomas
D)   White v BluettE) A) and C)
F) C) and D)

Question 4

Which case is authority for the proposition that new consideration is needed to support contractual modifications?

Accepted Answer

A)   Balfour v Balfour
B)   Adams v Lindsell
C)   Stilk v Myrick
D)   Fisher v BellE) A) and B)
F) A) and C)

Question 5

Which case establishes the rule at common law that part payment of a debt can never be full settlement of that debt?

Accepted Answer

A)   Pinnel's Case
B)   Foakes v Beer
C)   Pennel's Case
D)   D & C Builders v ReesE) None of the above
F) A) and B)

Question 6

Consideration can be described as:

Accepted Answer

A)   Conscientious dealing
B)   An exchange of valuable promises
C)   The need to pay in cash
D)   The opposite of an offerE) B) and D)
F) A) and B)

Question 7

Baird Textile Holdings Ltd v Marks & Spencer plc is authority for which of the following contentions?

Accepted Answer

A)   English law will not recognise a commercial contract based upon promissory estoppel
B)   English law will not recognise a contract for the sale of goods based upon promissory estoppel
C)   English law will not recognise that any contract can be based upon promissory estoppel
D)   In special circumstances, such as those in this case, a contract can be based on promissory estoppelE) B) and D)
F) C) and D) C

Question 8

Which of the following are required to raise the defence of promissory estoppel?

Accepted Answer

A)   Both parties must have modified their contractual obligations
B)   One party must have relied detrimentally upon the other
C)   There must be a pre-existing agreement between the parties
D)   There must be an obligation to pay money under the contractE) B) and C)
F) All of the above

Question 9

Could it be argued that reliance would be a more cogent basis than consideration for the enforcement of contracts?

Accepted Answer

It could be argued that reliance would b...

Question 10

In which case will a performance of a public duty be good consideration?

Accepted Answer

A)   Always
B)   When performance exceeds the public duty
C)   Never
D)   When the duty is particularly onerousE) None of the above
F) A) and B)

Question 11

The case of Williams v Roffey is known for establishing which notion?

Accepted Answer

A)   Only fair payment constitutes consideration
B)   Practical benefit can constitute consideration
C)   Doing something for nothing is not good consideration
D)   Contractual agreements can only be changed for payments of cashE) A) and B)
F) B) and D) B

Question 12

Promisory estoppel cannot be used as a defence for paying only part of a debt.

Accepted Answer

A) True 
 B)False

Question 13

In which of these jursidictions can promissory estoppel be used as the basis for a contract?

Accepted Answer

A)   Austrialia
B)   Canada
C)   Certain US states
D)   England & WalesE) A) and B)
F) A) and C)

Question 14

The concept of promisory estoppel was found orignally in the case of Hughes v Metropolitan Railway?

Accepted Answer

A) True 
 B)False

Question 15

A valid deed is a means of enforcing a promise without the need for consideration

Accepted Answer

A) True 
 B)False

Question 16

Why does English law insist that promissory estoppel cannot be the basis for a contract per s?

Accepted Answer

English law distinguishes between the fo...

Question 17

A promise to do an act (as opposed to simply paying money) can in itself be valuable consideration?

Accepted Answer

A) True 
 B)False  True

Question 18

Which of the following did not constitute a requirement for overcoming a past consideration claim in Pao On?

Accepted Answer

A)   Act done at promisor's request
B)   Understanding that a reward is due
C)   Reward would be payable if promised in advance
D)   Act done at promisee's requestE) A) and B)
F) A) and C)

Question 19

Consideration of £1, or even a peppercorn, could be sufficient consideration for the sale of a house?

Accepted Answer

A) True 
 B)False

Question 20

Are the rules on what can and cannot constitute valuable consideration sufficiently clear? If not, how might they be improved?

Accepted Answer

The rules on what can and cannot constit...

Exam 3: Consideration and Other Tests of Enforceability

In English law, promissory estoppel is a defence to a claim and can be raised only where there is a pre-existing contract?

Correct AnswerverifiedShow Answer

Should the Court of Appeal decision in Williams v Roffey be regarded as a great leap forward, preventing rigid rules getting in the way of business practice or an act of vandalism against rules that must remain intact?

Correct AnswerAnswered by ExamLex AIThe Court of Appeal decision in View AnswerShow Answer

Which case held that a promise to stop complaining how a father distributed his assets to his children was not supported by good consideration?

Correct AnswerverifiedShow Answer

Which case is authority for the proposition that new consideration is needed to support contractual modifications?

Correct AnswerverifiedShow Answer

Which case establishes the rule at common law that part payment of a debt can never be full settlement of that debt?

Correct AnswerverifiedShow Answer

Consideration can be described as:

Correct AnswerverifiedShow Answer

Baird Textile Holdings Ltd v Marks & Spencer plc is authority for which of the following contentions?

Correct AnswerverifiedC

Which of the following are required to raise the defence of promissory estoppel?

Correct AnswerverifiedShow Answer

Could it be argued that reliance would be a more cogent basis than consideration for the enforcement of contracts?

Correct AnswerAnswered by ExamLex AIIt could be argued that reliance would b...View AnswerShow Answer

In which case will a performance of a public duty be good consideration?

Correct AnswerverifiedShow Answer

The case of Williams v Roffey is known for establishing which notion?

Correct AnswerverifiedB

Promisory estoppel cannot be used as a defence for paying only part of a debt.

Correct AnswerverifiedShow Answer

In which of these jursidictions can promissory estoppel be used as the basis for a contract?

Correct AnswerverifiedShow Answer

The concept of promisory estoppel was found orignally in the case of Hughes v Metropolitan Railway?

Correct AnswerverifiedShow Answer

A valid deed is a means of enforcing a promise without the need for consideration

Correct AnswerverifiedShow Answer

Why does English law insist that promissory estoppel cannot be the basis for a contract per s?

Correct AnswerAnswered by ExamLex AIEnglish law distinguishes between the fo...View AnswerShow Answer

A promise to do an act (as opposed to simply paying money) can in itself be valuable consideration?

Correct AnswerverifiedTrue

Which of the following did not constitute a requirement for overcoming a past consideration claim in Pao On?

Correct AnswerverifiedShow Answer

Consideration of £1, or even a peppercorn, could be sufficient consideration for the sale of a house?

Correct AnswerverifiedShow Answer

Are the rules on what can and cannot constitute valuable consideration sufficiently clear? If not, how might they be improved?

Correct AnswerAnswered by ExamLex AIThe rules on what can and cannot constit...View AnswerShow Answer

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The Court of Appeal decision in View Answer

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C

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It could be argued that reliance would b...
View Answer

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B

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Answered by ExamLex AI
English law distinguishes between the fo...
View Answer

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True

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Answered by ExamLex AI
The rules on what can and cannot constit...
View Answer