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Contractual Terms and Vitiating Factors · CAPE Law Unit 2

31 past-paper questions on Contractual Terms and Vitiating Factors, part of Law of Contract, from every CAPE Law Unit 2 paper on Quelpr.

Practise Contractual Terms and Vitiating Factors
  1. 5(a)6 marks· CAPE Law Unit 2 · 2005 · Paper 1Explain the THREE types of misrepresentation.
  2. 5(b)4 marks· CAPE Law Unit 2 · 2005 · Paper 1Suggest the nature of Vince's misrepresentation and its effect on the transaction.
  3. 525 marks· CAPE Law Unit 2 · 2005 · Paper 2Assess how far the statement by Diplock LJ in the Hong Kong Fir case ('There are . . . many contractual undertakings of a more complex character which cannot be categorised as being "conditions" or "warranties"')…
  4. 625 marks· CAPE Law Unit 2 · 2005 · Paper 2Advise Marla, president of a consumer advocacy group, on the legal effect of exemption or exclusion clauses found in the fine print of contracts signed or accepted by consumers regarding defective goods and sub-standard…
  5. 7(a)15 marks· CAPE Law Unit 2 · 2005 · Paper 2Discuss the effect of mistake on the consent of the parties entering into a contract.
  6. 7(b)10 marks· CAPE Law Unit 2 · 2005 · Paper 2Edwina purchases items at an art shop believing they are 18th-century artifacts based on assurances from the owner (an art critic and her appraiser), but later finds they date from the 20th century. Advise Edwina on the…
  7. 410 marks· CAPE Law Unit 2 · 2006 · Paper 1Using relevant examples, explain the distinction between a term of a contract and a mere representation.
  8. 5(a)18 marks· CAPE Law Unit 2 · 2006 · Paper 2Discuss the incorporation of exclusion clauses into contracts, referring to decided cases.
  9. 5(b)7 marks· CAPE Law Unit 2 · 2006 · Paper 2Discuss the factors used to determine whether a validly incorporated exclusion clause covers the breach that occurred, referencing case law.
  10. 1(b)10 marks· CAPE Law Unit 2 · 2008 · Paper 2With reference to decided cases, explain to the management the extent to which they can rely on the 'No refund' exclusion clause.
  11. 525 marks· CAPE Law Unit 2 · 2008 · Paper 2Discuss the statement that judicial rules place heavy burdens on parties claiming mistake, focusing on mistakes that render a contract null and void.
  12. 525 marks· CAPE Law Unit 2 · 2008 (second paper) · Paper 2Explain the statement that the rules developed by the Courts impose fairly heavy burdens on those arguing that a mistake has been made, illustrating your answer with references to mistakes which have been held to render…
  13. 7(a)8 marks· CAPE Law Unit 2 · 2008 (second paper) · Paper 2Explain, with reference to decided cases, the effects of warranties on the contract between Pet Ex and Rajiv.
  14. 7(b)8 marks· CAPE Law Unit 2 · 2008 (second paper) · Paper 2Explain, with reference to decided cases, the effects of collateral terms on the contract between Pet Ex and Rajiv.
  15. 7(c)9 marks· CAPE Law Unit 2 · 2008 (second paper) · Paper 2Explain, with reference to decided cases, the effects of negligent misrepresentation on the contract between Pet Ex and Rajiv.
  16. 5(a)(i)4 marks· CAPE Law Unit 2 · 2009 · Paper 2Distinguish between 'an express term' and 'a mere representation'.
  17. 5(a)(ii)6 marks· CAPE Law Unit 2 · 2009 · Paper 2Name TWO express terms and give examples of their operation with reference to case law.
  18. 5(b)15 marks· CAPE Law Unit 2 · 2009 · Paper 2Explain, with reference to at least TWO decided cases, the factors which are relevant in a determination of whether an assessment made during negotiation becomes a term of the contract.
  19. 6(a)10 marks· CAPE Law Unit 2 · 2009 · Paper 2With reference to decided cases, examine at least THREE of the elements required for establishing a case for relief on the basis of misrepresentation.
  20. 6(b)15 marks· CAPE Law Unit 2 · 2009 · Paper 2Describe the various types of misrepresentations at common law and with reference to case law, name the remedies available for EACH type.
  21. 4(a)12 marks· CAPE Law Unit 2 · 2010 · Paper 2Discuss the incorporation of exclusion clauses into contracts.
  22. 4(b)13 marks· CAPE Law Unit 2 · 2010 · Paper 2Evaluate the factors considered by the courts in determining whether or not an exclusion clause covers the breach which has occurred.
  23. 4(a)(i)4 marks· CAPE Law Unit 2 · 2011 · Paper 2Explain fraudulent misrepresentation with reference to at least ONE decided case.
  24. 4(a)(ii)4 marks· CAPE Law Unit 2 · 2011 · Paper 2Explain negligent misrepresentation with reference to at least ONE decided case.
  25. 4(b)17 marks· CAPE Law Unit 2 · 2011 · Paper 2With reference to at least ONE decided case, advise Nicole whether she can recover her money.
  26. 4(a)10 marks· CAPE Law Unit 2 · 2013 · Paper 2Explain two types of misrepresentation, with reference to decided cases.
  27. 4(b)(i)10 marks· CAPE Law Unit 2 · 2013 · Paper 2Advise Bolden Ltd on whether they can rescind the contract.
  28. 4(b)(ii)5 marks· CAPE Law Unit 2 · 2013 · Paper 2Outline the difference it would make if Bolden Ltd had not sought independent advice.
  29. 3(a)12 marks· CAPE Law Unit 2 · 2014 · Paper 2Describe the circumstances in which additional terms may be implied into a contract. Support your answer by referring to decided cases.
  30. 3(b)13 marks· CAPE Law Unit 2 · 2014 · Paper 2Explain the distinction between warranties and conditions, using decided cases or examples.
  31. 4(b)13 marks· CAPE Law Unit 2 · 2015 · Paper 2With reference to decided cases, advise Brenda whether there is an actionable misrepresentation.

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