SQE1 sample questions

Question 68

A self-employed builder who wishes to buy goods from a building supplies company contacts a solicitor for advice about the one page written contract that the company has sent to him. The reverse of the contract states the company’s standard written terms of business. The builder has been asked to sign, date and return the contract to the company if he wishes to use the company to supply goods. The builder has received no other communication from the company.

The solicitor reads the contract, including the terms shown on the reverse. He correctly states the terms have been incorporated but identifies that one of the standard written terms of business seeks to exclude a type of liability which cannot be excluded under any circumstances.

Which of the following terms is the solicitor referring to?

A. Exclusion of liability for misrepresentation made by the company before the contract was entered into.

B. Exclusion of liability for breach of the statutory implied term that the goods will be fit for a particular purpose.

C. Exclusion of liability for breach of the statutory implied term that the seller has title to the goods at the time of sale.

D. Exclusion of liability for breach of the statutory implied term that the goods supplied will be of satisfactory quality.

E. Exclusion of liability for breach of the statutory implied term that the goods sold by description will correspond with that description.