Graduate Diploma in Law
Contract Law
Examination Paper
DATE:
16 June 2010
TIME:
AM
TIME ALLOWED:
THREE HOURS
INSTRUCTIONS TO CANDIDATES
Where questions are sub-divided, candidates should not expect the sub-divisions necessarily to be of equal weight.
Materials provided: GDL Statutory Extracts (which MUST be returned
UNMARKED at the end of the examination).
You must answer THREE questions out of SIX
Continued Overleaf
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© The College of Law 2010
This is for rough notes
© The College of Law 2010
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Graduate Diploma in Law
QUESTION 1
Bernie ran a small but successful shop, Bernie’s Veg, selling locally grown fruit and vegetables. He decided to expand his business to include deliveries of an
“organic box” scheme to customers in the local area. He needed to buy a van to make these deliveries, and wanted some leaflets printed to advertise “Veg in a
Van,” his new service.
On Wednesday 28 April, at 11.00 am, Bernie sent a text to his uncle Ron, who needed to upgrade his own business van, “Need to buy a van. Have you got one for a few thousand?” An exchange of emails followed as set out in Documents A and B.
On Friday 14 May, Ron sent a letter to Bernie, set out as Document C. The letter arrived on Monday 17 May.
Also on 14 May, Bernie read in the Blankford Gazette about a local van auction at Frank’s Auction House the next day (Document D).
On the morning of the auction, Saturday 15 May, Bernie left a message on Ron’s business telephone voicemail, stating that he no longer wanted the van. Ron did not pick this up until 9.00 am on Monday 17 May and immediately sold the van to
Max.
Bernie attended the auction, and he eventually made the highest bid for the VDL
Supercarry, at £2,500. The auctioneer refused to accept Bernie’s bid as he knew that the owner had hoped to achieve a significantly higher price. Bernie was furious. On his way to Frank’s Auction House, Bernie had