Examples of PART A questions from past LEGT 1710 exams

1. Using at least one case law example, please define what you think is meant

by a ‘duty of care’. In your answer, also discuss how the Civil Liability Act 2002 (NSW) has impacted on the law of tort. 2. What is an ‘exclusion clause’? In your answer, please provide an example of a case you studied this semester which concerned an exclusion clause. 3. Explain the differences between a ‘joint tenancy’ and a ‘tenancy in common’. 4. Explain the difference between ‘real’ and ‘personal’ property and provide at least one example to illustrate the difference. 5. Explain the differences between the ‘competition test’ and the ‘per se test’ in relation to the provisions of Part IV of the Competition and Consumer Act 2010 (Cth). In your answer, please list at least one type of conduct to which each test applies 6. What is meant by “resale price maintenance”? In your answer, please give an example of a case you have studied. 7. What conduct might constitute a misuse of market power under the Competition and Consumer Act 2010 (Cth)? 8. What type of conduct might be “misleading or deceptive”? In your answer, please give an example of a case you have studied. 9. What is the significance of the Australian Consumer Laws and how do you think it is important to business? 10. What is the role and function of the Australian Competition and Consumer Commission? What Commonwealth legislation does it administer?

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