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Where a party accepts part payment for a debt, they may at a later date request payment of the amount outstanding unless the other party provided extra consideration when making the part payment.  

Which TWO of the following are valid extra consideration for part payment of a debt?

 (1) Payment in the form of goods rather than cash  

(2) Payment by a third party rather than the debtor 

 (3) An intention by the debtor to be legally bound by the part payment 

 (4) A guarantee by the debtor to make the payment on the date agreed in the contract 

A

1 and 2 

B

 1 and 4 

C

 2 and 3 

D

 2 and 4 

 Which of the following statements regarding consideration is correct?

A

 Performance of an existing legal obligation is valid consideration for the promise of additional reward 

B

 Performance of an existing contractual duty is sufficient consideration for the promise of additional reward

C

Performance of an existing contractual duty to a third party is sufficient consideration for the promise of additional reward 

D

 Performance of an extra service in addition to an existing contractual duty is not sufficient consideration for the promise of additional reward 

 Which of the following statements concerning privity of contract is correct? 

A

 Privity of contract means only parties to a contract may sue on it 

B

 Privity of contract is not subject to regulation by statute 

C

 There are no exceptions to the rule of privity of contract 

D

 Privity of contract is only enforceable on commercial contracts 

The Contracts (Rights of Third Parties) Act 1999 sets out the circumstances where a third party has a right to enforce rights they may have under a contract.  

Which of the following statements concerning the Contracts (Rights of Third Parties) Act 1999 is correct? 

A

The third party need not be expressly identified in the contract 

B

 The third party need not be in existence when the contract was formed 

C

 The Act confers rights to third parties under a company's constitution 

D

 The Act confers rights to third parties under employment contracts 

Which of the following statements regarding consideration is correct?

A

Consideration can be in the form of any act, even if that act is impossible to perform

B

Performance of an illegal act is valid consideration

C

Past consideration is sufficient to create liability on a bill of exchange

D

Suffering some loss or detriment is not valid consideration

Which of the following is executed consideration? 

A

 Providing goods in return for payment at the same time 

B

A promise of payment in return for the provision of goods at a later date 

C

A promise to pay for work already carried out 

 Which of the following describes how courts deal with the adequacy of consideration? 

A

 Courts will seek to ensure that consideration from each party is of equal value 

B

 Courts will seek to ensure no party makes excess profit 

C

 Courts will not interfere in a contract to rectify a bad bargain 

Which of the following statements regarding the adequacy and sufficiency of consideration is correct?

A

Consideration does not need to have a value to be sufficient 

B

 Consideration is sufficient if it has some economic value 

C

Consideration does not need to be sufficient but must be adequate 

 Which of the following is true regarding privity of contract? 

A

 Third parties to a contract generally have enforceable rights under it 

B

 Only parties to a contract generally have enforceable rights under it 

C

 Privity of contract only relates to rights under a contract, not obligations 

 Which of the following is NOT an exception to the rule of privity of contract? 

A

 A third party to a contract can sue for losses they incur under a contract if the losses are foreseeable

B

 A third party to a contract can bring an action under it if an implied trust has been created 

C

 A third party to a contract can enforce rights under it if it is equitable for them to do so