快速查题-ACCA英国注册会计师试题

Terms implied by custom cannot be overridden. 

A business is classed as a consumer if it does not make the contract in the course of its business. 

Which of the following statements concerning the incorporation of terms into contracts is correct?

A term may be implied into a contract by

(i) Statute

(ii) Trade practice, unless an express term overrides it

(iii) The court, to provide for events not contemplated by the parties

(iv) The court, to give effect to a term which the parties had agreed upon but failed to express because it was obvious

(v) The court, to override an express term which is contrary to normal custom

In relation to exclusion clauses, which of the following describes the main purpose rule? 

At which point in a contractual arrangement is a representation made? 

 How are express terms incorporated into a contract? 

 Which TWO of the following statements regarding contractual terms are correct?

 (1) The principle of freedom of contract states that parties may include in their contract any terms that they see fit  

(2) To be valid, a contract must be complete in its terms 

 (3) Third parties may not determine an essential term of the contract

 (4) Where a term is classified as a condition, the only remedy to an injured party if it is breached is to claim damages 

 An innominate term is one that could either be classified as a condition or a warranty.  

How is the classification of an innominate term as a condition or a warranty determined? 

 Which of the following statements concerning exclusion clauses is correct?