Complete Test Bank Ch.28 Davies Agreed remedies - Test Bank | Law of Contract 2e Smith & Davies by JC Smith, Paul S. Davies. DOCX document preview.
Type: true-false
Title: Chapter 28 - Question 01
01) The traditional approach taken from Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd – whether the predominant function of a clause was to deter a party from breaking the contract or to compensate the innocent party for breach – leads to satisfactory results in a vast majority of cases.
a. True
b. False
Type: multiple choice question
Title: Chapter 28 - Question 02
02) Which of the below is a clause triggered by breach (e.g. concerns a secondary obligation) and thus gives rise to the question of whether it was a penalty or liquidated clause?
a. B can park at a car park for 2 hours for free; however, if he stays for longer than two hours, he must pay a parking charge of £85.
b. B promises that if he resumes his career as professional footballer, he will pay £500 to his insurers.
c. B promises, that if C catches the flu after using his product, he will pay her £100.
d. B promises that the price of the contract will be adjusted in the event of his becoming a defaulting shareholder.
Type: true-false
Title: Chapter 28 - Question 03
03) The court can partially enforce a clause which is considered to be penal.
a. True
b. False
Type: true-false
Title: Chapter 28 - Question 04
04) The court is bound to respect agreed specific performance clauses.
a. True
b. False
Type: multiple response question
Title: Chapter 28 - Question 05
05) Which of the following are true of or relevant to a court’s assessment of a forfeiture clause? Please select all that apply.
a. The seriousness of the breach.
b. The clause cannot be partially enforced.
c. There must have been a breach of contract.
d. The deposit must be ‘reasonable’.
Document Information
Connected Book
Test Bank | Law of Contract 2e Smith & Davies
By JC Smith, Paul S. Davies