G4.docx

KWAME NKRUMAH UNIVERSITY OF SCIENCE AND TECHNOLOGY COLLEGE OF HUMANITY AND SOCIAL SCIENCE FACULTY OF LAW GROUP WORK **[MULTIPLE CHOICE QUESTIONS ON MISTAKE WITH THE APPROPRIATE ANSWER]** 1\. Which one of the following statements concerning void and voidable contracts is false? A. A voidable co...

KWAME NKRUMAH UNIVERSITY OF SCIENCE AND TECHNOLOGY COLLEGE OF HUMANITY AND SOCIAL SCIENCE FACULTY OF LAW GROUP WORK **[MULTIPLE CHOICE QUESTIONS ON MISTAKE WITH THE APPROPRIATE ANSWER]** 1\. Which one of the following statements concerning void and voidable contracts is false? A. A voidable contract is a contract under which a party has a right to rescind it; it remains valid until the party exercises that right B. A void contract is automatically of no effect from the beginning C. A void contract is a complete Legal nullity does not confer any rights on the parties D. Voidable contracts continue to be valid even when the party with the right to rescind has done so **Answer: D** 2\. Common mistakes may arise in different forms except a\. Mistake as to title b\. Mistake as to the quality of the subject matter of the contract c\. Mistake as to the question of lack of agreement between the two parties D. None of the above **Answer: B** 3\. In the case of Amalgamated Investment and Property Ltd v John Walker, the court emphasized that for a mistake to have any legal effect on a contract, the mistake must have existed \_the contract was concluded. A. before B. At the time C. After D. Before and after contracting. **Answer: B** 4\. Where the parties deal with each other face to face with one party fraudulently misrepresenting himself to be another existing person, there is a strong presumption that the offeror intended to contract with the person who was physically present and none else was propounded in A. Scriven Bros v Hindley B. Cundy v Lindsay C. Philips v Brooks D. Hardman v Booth **Answer: C** 5\. A bought from B a picture which both believed was painted by Constable. Several years later, when A tried to sell it he found out that it was not painted by the artist they believed to have. A sought to rescind the contract on grounds of common mistake. The court is likely to opine that There was no mistake at all about the subject matter of the sale to make the contract void B. mistake was sufficiently fundamental as to make the contract void There was no agreement as to the subject matter D. subject matter is essentially different from the thing as it was believed to be **Answer: A** 6\. Which of the following equitable remedy will be given when an agreement which has been reduced into writing and owing to a mistake shared by both parties does not reflect the intentions of the parties as revealed from the previous parole agreement? A. Specific performance B. Rectification C. Injunction D. Damages **Answer: A** 7\. In equity, mistake operates in the following ways except A. Mistake may be a defense in an action for specific performance B. Mistakes may entitle the parties to have a written contract rectified C. Mistakes may be a reason for the contract to be effective D. Mistakes may also be grounds for the rescission of a contract **Answer: C** 8\. The following are kinds of mistakes except A. Exceptional mistake B. Mutual mistake C. Unilateral mistake D. Common mistake **Answer: A** 9.The type of mistake where only one party to the contract is mistaken is known as A. Common mistake B. Unilateral mistake C. Mutual mistake D. All of the above **Answer: B** 10\. The court refused to grant specific performance where the purchaser\'s mistake over the boundary of the property being sold at auction had been caused by an innocent mistake on the vendor\'s part in which case. A. Grish v Bailey B. River late Properties v Paul C. Denny v Hancock D. Fisher v Bell **Answer: C** **NAMES** **INDEX** **SIGNATURE** ------------------------------ ----------- --------------- Agyemang jackline 7888323 Fosu Yaa Konadu 7896323 Emmanuella Nuamah Bioh 7900223 Otchere Vera Kolibea 7902323 Addae -Marfo Celestina 7887323 Abdul-Razak Nabil 7886323 Lucrecia Avogo 7892123 Kirsten Nwennoma Tabang 7904323 Michael Oppong Bannoh 7893123 Fosu-Kwabi Jessica 7896423 Akosua Yaba Boateng 7894023 Phina Sandra Kwofie 7898423 Ama Agyeiwaa Dapaah 7895023 Woelinam Sedegah 7904233 Ellen Akushika Apotey 7890123 Asante Awo Durowaa 7891123 Owusu Ansah Blessing 7902923 Afia Safowaa Nyamekye 7900323 Amoako-Atta Amma Sika Aduako 7889223