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25. A father promises his 18-year-old son a 28. Jane agrees with Ken to sing a solo at
gold watch if the boy does not smoke until Ken’s wedding reception on Sunday. On
he turns 21. The boy complies. The father Thursday, Jane gets soaked in a downpour
does not. The legal result is that there is but, instead of changing her wet clothes, she
sits in a draught. Jane contracts laryngitis,
(A) no agreement between the parties and is unable to sing at the reception. When
(B) a breach of contract by the father Ken sues Jane, she can
(C) no privity of contract between the
parties (A) rely on the doctrine of illegality
(D) a n a gree m ent whi ch is (B) plead frustration of the agreement
unenforceable by the son (C) plead a lack of consideration on
Ken’s part
(D) offer no lawful excuse for her non-
26. Harry is 15 years old but looks much older. performance
He goes into James’ barbershop, gets a
haircut and then refuses to pay on the
grounds that he is ‘underage’. James can 29. Alf promises Bob that he, Alf, will pay
succeed in a case against Harry because $50 to Carl if Bob mows Alf’s lawn. Bob
mows the lawn. Alf now refuses to pay
(A) the contract is one for necessaries Carl. Which of the following is correct?
(B) the contract is not for the sale of
goods (A) Alf is not in breach of contract.
(C) Harry was a minor at the time of (B) Carl can sue Alf for breach of
the contract contract.
(D) there was no reason to believe (C) Carl can sue Bob for breach of
Harry was a minor contract.
(D) Carl cannot sue Alf for breach of
contract.
27. Ancil Ltd enters into the lease of a gold-
mine for 20 years with Bilton Ltd. After
12 years, Ancil Ltd realizes that it had 30. Which of the following is the BEST
entered into the agreement as a result of describes the effect of illegality on a
misrepresentation by Bilton Ltd. There has contract?
been considerable extraction of gold and
other minerals from the mine. Ancil Ltd. (A) Valid and enforceable
CANNOT claim rescission because (B) Enforceable but voidable at the
option of either party
(A) there is a lapse of time (C) Unenforceable but property
(B) there is an impossible restitution transferred may be recovered
(C) there is an affirmation of contract (D) Unenforceable and property trans-
important ferred cannot be recovered
(D) third party rights have intervened
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02231010 CAPE/SPEC 2017
