Note BL

CHAPTER 1-4:
1. Civil law and criminal law: Where an act is both a crime and a tort, The State may
prosecute the offender for the crime, and the victim may bring a civil: action.
2. Constitution: Which of the following statements about constitutions in Australia is

not correct, Australia has one constitution only (States have no constitutions).
CONSTITUTION OF AUSTRALIA
3. Extrinsic Materials: Which of the following is NOT an example of an extrinsic

source of material, the internet
4. Section 51 powers: Which of the following is not an area that the Commonwealth
Parliament has the power to: legislate on under s 51 of the Commonwealth
Constitution, Education
5. Jack was subpoenaed to give evidence on Rods behalf. Jack claimed Rod
promised him: $2000 to give evidence. Would Jack recover that money, No -
Jack’s public duty is to give evidence in response to that subpoena.
6. Interpretation – extrinsic materials: In interpretation, extrinsic materials, are

allowed to be referred to by a court
7. Which of the following statements about acceptance is false, acceptance can be

in any manner chosen by the offeree
8. Which of the following statements about consideration is correct, consideration

need not be adequate
9. Delegated legislation: Which of the following is not correct: Delegated legislation,

can only be made by Government Ministers
10. Where an agreement has been made during the course of trade or commerce
between businesses, the situation will commonly indicate that the parties,
Intended to create binding legal relations
11. Common law: Which one of the following statements about common law is
correct, common law is judge made law
8. Doctrine of precedent: With respect to a case being decided under the appellate
jurisdiction of the County Court of Victoria, a decision of the appellate division of
the District Court of New South Wales on the: same Commonwealth legislation,
Persuasive
9. Native Title: Native Title was first recognised in which of the following cases,
Mabo v State of Queensland (No 2) (1992) 175 CLR 1
14. Which of the following is most likely to be considered an offer, “I’ll pay you $3,000
if you complete a total rewrite of chapters 12 and 15 of this: textbook.”
15. Changing the Constitution: Section 128 of the Commonwealth Constitution

provides that the Constitution can be: changed by referendum that requires a
“yes” vote, By the majority of voters and in a majority of States
16. Which of the following statements about bilateral and unilateral contracts is not
correct, a unilateral contract does not require consideration but simply a promise
to perform an: act is sufficient
17. Equitable remedies: Which of the following is INCORRECT?: Equitable

remedies, must be awarded in a separate proceeding to common law remedies
such as damages
18. With respect to revocation, which of the following statements is not correct,
The offeror must personally communicate the revocation to the offeree
19. Hierarchy of courts: Which of the following is higher than the Federal Court of
Australia in the federal court : system, high Court
20. Which of the following is NOT one of Brennan J’s six criteria for estoppel from
Waltons: Stores (Interstate) Ltd v Maher (1988) 164 CLR 387, the promisor knew
or was reckless as to whether the promisee intended to act in that BRENNAN
J’S SIX CRITERIA
21. Court hierarchy: Local or Magistrates Courts, are the lowest courts in the state
hierarchy
22. If one party has threatened another party to enter into a contract, the element
that is : missing is, Real/genuine consent
23. Native Title: Native Title was first recognised in which of the following cases,
Mabo v State of Queensland (No 2) (1992) 175 CLR 1
24. Delegated legislation: An example of delegated legislation is the, corporations

Regulations 2001 (Cth)
25. Reception of English law in Australia: Which Latin phrase explained the rationale
for applying English laws to the new Colony of : New South Wales, terra nullius
26. With respect to the contractual capacity of corporations, s 124 of the

Corporations Act : 2001 (Cth) gives them, All the legal capacity of a natural
person (together with some additional powers that can : only be exercised by a
corporation)
27. Sally puts up a sign stating that she has lost her dogs and will pay a reward of
$100 for : their return to her within three days. Which of the following statements
is correct, Chang will not get the reward because he returned the dog knowing it
was Sally’s, but : was unaware of her offer of a reward
28. Which of the following is NOT a class of persons regarded by the law as wholly
or partly : incapable of entering into legally binding contracts, women
CHAPTER 5-13:
1. Which of the following sections of the Australian Consumer Law are relevant to
misrepresentation, Sections 18 and 29
2. Which of the following is NOT a way to discharge a contract, through breach
3. Which of the following is NOT CORRECT with respect to misleading conduct

under the: Australian Consumer Law as compared with the common law of
misrepresentation, The person does not necessarily have to engage in the
conduct
4. Can a person use an official position they hold for their financial advantage, no
because if a contract is involved, this could lead to the promoting of corruption in
: public life
5. Which of the following is NOT a remedy for unconscionable conduct, A criminal

prosecution
6. Which unfair practice involves participation in a trading scheme where persons at

the: top receive most of the benefits, pyramid selling
7. A liquidated damages clause in a written contract, sets out the amount agreed
payable to the innocent party if there is a breach of contract
8. Which of the following is correct, when the parties’ obligations under a contract
have been discharged then so has the contract
9. With respect to consumer guarantees, which of the following is not correct, with
respect to fitness for purpose, a “disclosed purpose” relates to the supplier only –: the
manufacturer may make representations to the consumer, but the consumer cannot:
disclose a purpose to the manufacturer and receive a guarantee in return
10. A party in breach of contract is liable to pay damages for, losses occurring in the
usual course of things from the breach
11. Where a contract is made in writing, the express terms of that contract, are
generally to be found in the writing
12. Which of the following is NOT CORRECT with respect to termination by
subsequent: agreement, a subsequent simple contract can cancel a contract
where one party has completed their: obligations and the other has not
13. A written contract allows Joseph, the neighbour of Sonny, to take “as many
strawberries: as he likes each strawberry season”. This contract, is valid as the
parties’ intention is clear
14. Which of the following is NOT one of the three elements of an unfair term under s
24(1): of the Australian Consumer Law? Where, The term is not transparent
15. Janine has sold her business to Simone. Simone insists on inserting a clause in the:
agreement that Janine cannot open a similar business within 10 kilometres of her
former: business, for the next two years. Which of the following is not true, The court will
always uphold restraint of trade provisions in contracts for sale of: business
16. How is repudiation determined by the court, Objectively
17. Which of the following are not usually compensated for with payment of damages,
Injured feelings/disappointment
18. If the court held the sum the parties inserted into their contract ($100,000) to be a
penalty, and the actual loss determined by a court was $30,000, The plaintiff would be
able to recover $30,000 only
19. When are nominal damages awarded, A legal right has been infringed but there is
no actual loss
20. Which of the following is not an unfair practice under the Australian Consumer Law,
Where a television advertisement for a chocolate bar shows teddy bears working the :
manufacturing lines
21. Which of the following is not an element required for acceptable quality of goods?
That : the goods are acceptably, Fit for the consumer’s purpose
22. Century Dragon Pty Ltd is contracted to export 1000 beach balls to Minerva Beach
Surf : Club by 1 January, with payment due by 1 April. Which of the following is correct,
The time of delivery is likely to be considered an essential term.
23. Marnie loans Bill $1000 so that Bill can pay a local politician to ensure his tender will
be : the winning tender. The contract between Marnie and Bill is, an illegal contract
strawberries : as he likes each strawberry season”. This contract, Is valid as the parties’
intention is clear
25. Which of the following is NOT correct, A criminal penalty can be sought for a breach
of s 18?
26. A term that is vital to a contract is known as, A condition
27. A party repudiates a contract when, they are no longer able or are unwilling to
perform their obligations
28. Which of the following is not one of the three elements of an unfair term under s
24(1) : of the Australian Consumer Law? Where, The term is not transparent
29. In Jarvis v Swans Tours Ltd [1973] QB 233, where Jarvis was disappointed by,
among : other things, the little dry nut cakes on his holiday, Damages were awarded
partly for disappointment
30. Which Australian case is most similar to H Parsons (Livestock) Ltd v Uttley Ingham
& Co : Ltd [1978] QB 791 in relation to applying foreseeability to limit claims for
damages, Day v O’Leary (1992) 57 SASR 206
31. The definition of “consumer” is limited by what amount, Recently increased to

$100,000
32. Which of the following is NOT CORRECT? Restitution, Was not awarded in the case
of Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 as : the contract was not in
writing as required by statute and therefore not enforceable
33. Which of the following is NOT a way that a person seeking to rely on an exemption
clause : can show that the clause has become part of the contract, By showing it was
brought to the notice of the other party at the time of, or subsequent : to, entering into
the contract
34. Criminal proceedings may be brought for,Unfair practices
35. Which of the following is NOT an enforcement measure under the Australian
Consumer : Law, A disclosure order issued by the ACCC
36. Jong complains that the barbecue he bought is not fit for purpose because the metal
: sides melted the first time he cooked with it. The manufacturer maintains that Jong
should : not have used the barbecue for slow cooking and that it never represented that
the : barbecue would be fit for the purpose of slow cooking. What are the circumstances
in which : the guarantee as to fitness for purpose would apply, Where Jong made known
to the supplier that he was going to use the barbecue for slow cooking meals
37. Which of the following is NOT a requirement for an assignment of a debt or other
chose : in action under various State statutes, Fourteen days’ notice in writing is
provided to debtor
38. Which of the following is NOT an example of an unfair contract term, The specifics
of Rose’s situation were not taken into consideration by Melton Apartment :
Construction Ltd
39. Coulls v Bagot’s Executor & Trustee Co Ltd (1967) 119 CLR 460; Beswick v
Beswick [1968] : AC 58 and Tweddle v Atkinson (1861) 1 B & S 393 all relate to the
doctrine of, Privity
40. James, a chef, tells Laura, who is looking to buy his antique lounge chair, that the
chair is : of Spanish origin. Three weeks later a written contract is drafted that makes no
mention of : the chair’s origin. The statement that the chair is of Spanish origin is most
likely to be a/an:: a Mere puff, Representation
41. In Hadley v Baxendale (1854) 9 Exch 341; 156 ER 145 the court recognized
“reasonably : foreseeable losses” as being, Losses that arise naturally from a breach of
contract, Losses that are actually contemplated by the parties
42. In determining whether a statement has become a term of the contract, the key test
: applied by the courts is, Contractual intention
43. When are nominal damages awarded, A legal right has been infringed but there is
no actual loss
44. Which of the following statements about the parol evidence rule is true, It does not
apply where it can be shown that the written contract was not intended to : be a
complete record of the agreement
45. When a contract is made orally, the question of what the express terms are, is a
question of fact
CHAPTER 14-15:
1. The “neighbour principle” is often viewed as, a test of the foreseeability of harm
2. Where a person gives advice, that advice is relied upon and the advice is
incorrect, the: person giving the advice may be liable in negligence. Which of the
following is incorrect, The duty of care only arises where the “special relationship”
involves a person seeking: advice from the advice-giver, not where the advice
was given unrequested and merely: accepted
3. In Australian Safeway Stores v Zaluzna (1987) 162 CLR 479, The respondent
was a lawful entrant upon the land of the respondent, establishing a:relationship
between them and there was therefore a duty of care owed by the appellant to:
avoid a foreseeable risk of injury
4. Why was the plaintiff successful in Overseas Tankship (UK) Ltd v Miller
Steamship Co Pty: Ltd (The Wagon Mound No 2) [1967] AC 617 (PC) when
another plaintiff failed in the earlier: related Wagon Mound case, In the first case,
the plaintiffs failed to show that a reasonable man would have foreseen: the risk
of damage from the oil spill
5. Which of the following is NOT CORRECT? The reform to the law of negligence
that took: place in Australia in the early 2000s, Does not apply to claims in
contract law
6. In Tame v State of New South Wales (2002) 211 CLR 317 where Tame was given
a false: blood alcohol reading, Part of the test of reasonable foreseeability is a
question of fact
7. Which of the following is NOT a provision of the Wrongs Act 1958 (Vic) relating
to: professional liability, The court must rely on peer professional opinion even
where it considers that opinion: irrational
8. Which of the following is not correct, in The Wagon Mound No 1 and The Wagon
Mound No 2, where there was an: unfortunate combination of an oil spill, welding
sparks and floating cotton waste, the loss: was found to be not reasonably
foreseeable in the circumstances
9. To claim damages a causal link must be established between what two things,
the defendants breach and the plaintiff’s injury
10. Nicola drives the forklift at her place of work, Rooze’s Roofing. Nicola always
leaves the: forklift in a certain place where she has been told to leave it, with the
forks up off the: ground. One afternoon a customer who is collecting goods from
the workshop reverses his: car into the forks on the forklift. He is injured and his
car is damaged.: What is the principle that would make Nicola’s employer liable
for her actions, Vicarious liability
was a lawful entrant upon the land of the respondent, establishing a : relationship
between them and there was therefore a duty of care owed by the appellant to :
12. The “neighbour principle” is often viewed as, A test of the foreseeability of harm
incorrect, the : person giving the advice may be liable in negligence. Which of the
involves a person seeking : advice from the advice-giver, not where the advice
was given unrequested and merely : accepted
14. Which of the following is NOT CORRECT? The reform to the law of negligence
that took : place in Australia in the early 2000s, does not apply to claims in
contract law
Steamship Co Pty : Ltd (The Wagon Mound No 2) [1967] AC 617 (PC) when
another plaintiff failed in the earlier : related Wagon Mound case, In the first case,
the plaintiffs failed to show that a reasonable man would have foreseen : the risk
16. To claim damages a causal link must be established between what two things,
The defendants breach and the plaintiff’s injury
17. The “neighbour principle” is often viewed as, A test of the foreseeability of harm
Steamship Co Pty : Ltd (The Wagon Mound No 2) [1967] AC 617 (PC) when
another plaintiff failed in the earlier : related Wagon Mound case, In the first case,
the plaintiffs failed to show that a reasonable man would have foreseen : the risk
a false : blood alcohol reading, Part of the test of reasonable foreseeability is a
question of fact
incorrect, the : person giving the advice may be liable in negligence. Which of the
involves a person seeking : advice from the advice-giver, not where the advice
was given unrequested and merely : accepted
21. To claim damages a causal link must be established between what two things, The
defendants breach and the plaintiff’s injury
22. Which of the following is not correct, In The Wagon Mound No 1 and The Wagon
Mound No 2, where there was an : unfortunate combination of an oil spill, welding
sparks and floating cotton waste, the loss : was found to be not reasonably foreseeable
in the circumstances
23. Which of the following is not a provision of the Wrongs Act 1958 (Vic) relating to:
professional liability, The court must rely on peer professional opinion even
where it considers that opinion : irrational
was a lawful entrant upon the land of the respondent, establishing a : relationship
between them and there was therefore a duty of care owed by the appellant to :
25. Which of the following is not correct? The reform to the law of negligence that
took : place in Australia in the early 2000s, Does not apply to claims in contract
law
leaves the : forklift in a certain place where she has been told to leave it, with the
forks up off the : ground. One afternoon a customer who is collecting goods from
the workshop reverses his : car into the forks on the forklift. He is injured and his
car is damaged.: What is the principle that would make Nicola’s employer liable
for her actions, Vicarious liability
27. In Tame v State of New South Wales (2002) 211 CLR 317 where Tame was given a
false : blood alcohol reading, part of the test of reasonable foreseeability is a question of
fact
28. Which of the following is NOT a provision of the Wrongs Act 1958 (Vic) relating to:
professional liability,The court must rely on peer professional opinion even where it
considers that opinion: irrational
29. Nicola drives the forklift at her place of work, Rooze’s Roofing. Nicola always leaves
the : forklift in a certain place where she has been told to leave it, with the forks up off
the : ground. One afternoon a customer who is collecting goods from the workshop
reverses his : car into the forks on the forklift. He is injured and his car is damaged.:
What is the principle that would make Nicola’s employer liable for her actions, Vicarious
liability
CHAPTER 16-17:
1. Which of the following statements regarding the written law is INCORRECT, The
Corporations Regulations 2001 (Cth), reg 2A.1.01 does not set a maxima of
partners for: architects and accountants
2. Which of the below statement is incorrect, Partnership property is liable to be

seized for the private (personal) debt of a partner and: made liable on a judgment
against the partnership
3. Which statement regarding an outsize partnership is incorrect, Its partnership

agreement is invalid
4. Which statement regarding persons of unsound mind and minors is

INCORRECT, If a partner who is a minor enters into a contract with a third party
on behalf of the firm, the, minor is liable as far as private assets are concerned
5. Which of the following statements regarding limited partners is INCORRECT, If a
limited partner has suffered his/her share of the partnership property to be
charged for a: separate debt, the other partners are entitled to dissolve the
partnership
6. Regarding partnerships, which of the following statements is INCORRECT,

Partnerships are created with a view to profit, so partners must make a profit: A
partner does not have to have a direct claim to a share of the profits
7. Which court finding is INCORRECT?

➔ In Mercantile Credit Co Ltd v Garrod [1962] 3 All ER 1103, damages were not
recovered even: though, from the plaintiff’s perspective, the sale of the car was
within the usual course of business.
8. How would a partner pledge the firm’s credit, Only for a purpose directly
connected to the firm’s business but must have express authority: to do so
9. Incorrect statement is, The owners of a corporation have unlimited liability
10. Which below is INCORRECT? A firm is not bound by the acts of a partner if, The
person with whom the partner is dealing knows or believes him/her to be a partner
11. Find one INCORRECT statement, A creditor can enforce liability against an
incoming partner whether or not he/she is a party to: the contract
12. Which of the following statements is incorrect, A partnership must be in writing
13. Which of the below does not apply to the Partnership Act, The partnership under
the Act must be registered with ASIC
14. Which legislation controls the actual registration of the firm name, Business Names
Registration Act 2011 (Cth)
15. Which statement regarding partnership is incorrect, Partnerships do not avoid taking
on the formality and expense of an incorporated company
16. Which of the following statements is not correct, Incorporated limited partnerships
have been introduced in all Australian States and Territories
18. Legislation in Victoria: What Act regulates partnerships in Victorial, Partnership Act
1958 (Vic)
19. What constitutes an exception to the usual number of a partnership being 20

partners, The Corporations Regulations 2001 (Cth) provide greater numbers in certain
specified: professions
20. The INCORRECT statement, If the giving of investment advice is within the scope of
the firm’s business then all partners: are jointly and severally liable for advice which is
not in a client’s best interests
21. Which below is INCORRECT? A firm is not bound by the acts of a partner if, the
person with whom the partner is dealing knows or believes him/her to be a partner
22. Which legislation regulates partnerships in NSW, Partnership Act 1892 (NSW)*
23. Cribb v Korn (1911) 12 CLR 205 established, The sharing of joint returns does not in
itself create a partnership
24. Which of the below DOES NOT apply to the Partnership Act,The partnership under
the Act must be registered with ASIC
25. Which court decision regarding fiduciary duties is incorrect, In Harvey v Harvey
(1970) 120 CLR 529, the Court held that if a partner receives an additional : annual fee
to be “on call” for that client, the fee belongs to the partnership.
26. Which is INCORRECT statement regarding limited partnerships, A limited partner

does not have the right to inspect the books of the firm
27. Which of the following statements regarding dissolution of partnership is incorrect, A

firm’s assets as contributed by partners to make up capital losses need not be applied
to pay : the firm’s debts/liabilities to non-partners
28. Incorrect statement is, The owners of a corporation have unlimited liability
partners, The Corporations Regulations 2001 (Cth) provide greater numbers in
certain specified : professions
30. Which statement regarding partnership is incorrect, Partnerships do not avoid

taking on the formality and expense of an incorporated company
31. Which of the statements below is incorrect, A partner’s express authority must be in
writing
32. Which of the below does not apply to the Partnership Act, The partnership under the
Act must be registered with ASIC
33. Which of the following statements is not correct, incorporated limited partnerships
have been introduced in all Australian States and Territories
34. Find one incorrect statement, A creditor can enforce liability against an incoming
partner whether or not he/she is a party to : the contract
35. Which of the following statements regarding partnerships is incorrect, Each partner
must take an active part in the direction and management of the firm
36. Which is incorrect statements regarding limited partnerships, A limited partner does
not have the right to inspect the books of the firm
37. How would a partner pledge the firm’s credit, only for a purpose directly connected
to the firm’s business but must have express authority : to do so
38. Which below is incorrect? A firm is not bound by the acts of a partner if, the person
with whom the partner is dealing knows or believes him/her to be a partner
39. Which legislation regulates partnerships in NSW, Partnership Act 1892 (NSW)*
40. Which of the following statements regarding the written law is incorrect, The
Corporations Regulations 2001 (Cth), reg 2A.1.01 does not set a maxima of partners for
: architects and accountants
41. Which of the following statements regarding limited partners is incorrect, If a limited
partner has suffered his/her share of the partnership property to be charged for a :
separate debt, the other partners are entitled to dissolve the partnership
15. Compensatory damages are also known as, Actual/ordinary damages
16. Which of the following guarantees applies to a sale auctions, Guarantee as to title
17. With respect to consumer guarantees, which of the following is NOT CORRECT,
With respect to fitness for purpose, a “disclosed purpose” related to the supplier only -
the manufacturer may take representations to the consumer, but the consumer cannot
disclose a purpose to the manufacturer and receive a guarantee in return.
18. Which of the following is NOT an example of an unfair contract term, the specifics of
Rose’s situation were not taken into consideration by Melton Apartment Construction
Ltd
19. Consumer guarantees as to title are contained within, Sections 51-56 and ss 60-61
of the Australian Consumer Law
20. Which of the following is NOT an unfair practice under the Australian Consumer
Law, Where a television advertisement for a chocolate bar shows teddy bear working
the manufacturing lines
21. Which of the following is NOT a provision of the Wrongs Act 1958 (Vic) relating to
professional liability, The court must rely on peer professional opinion even where it
considers that opinion irrational
22. Which of the following is NOT CORRECT, in The Wagon Mound No 1 and The
Wagon Mound No 2, where there was an unfortunate combination of an oil spill, welding
sparks and floating cottton waste, the loss was found to be not reasonably foreseeable
in the circumstances
23. To claim damages a casual link must be establish between what to things, The
defedants breach and the plaintiff’s injury
24. The “neighbour principle” is often viewed as, a test of the foreseeability of harm
25. Which of the following statement is incorrect, a partnership must be in writing

26. Which legislation regulates partnerships in New South Wales, Partnership Act 1958
(Vic)
27. Which of the following statements is incorrect, incorporated limited partnerships

have been introduced in all Australian States and Terriories
29. Which of the following statements is incorrect, a partnership agreement must be in

writing; itcannot be reached orally or by a course of conduct
Quiz 1-4
1. Sources of law: sources of law in Australia do not include, repealed statutes.
2. Which are some of the main features of the Electronic Transactions Act 1999
(Cth), are the validity of electronic transactions, recognition of writing by
electronic means, and recognition of retaining information in electronic form.
3. The doctrine of precedent: With respect to a case being decided under the
appellate jurisdiction of the Country Court of Victory, a decision of the appellate
division of the District Court of New South Wales on the same Commonwealth
legislation is, persuasive.
4. Extrinsic Materials: Which of the following is NOT an example of an extrinsic

source of material, The internet
5. Simon and Stella, both of full legal capacity, agree to go on a date. Stella is to
pay for the dinner, but she is running late and does not meet Simon at all. Simon
is embarrassed and angry and calls Stella the next day to threaten to sue her for
his taxi fares and dinner expenses. Will Simon succeed in his claim, no because
Simon and Stella did not intend the agreement to create legally enforceable
obligations.
6. Which of the following statements about consideration is correct, Consideration

need not be adequate.
7. The rule of law: Which of the following concepts is closely related to the rule of
law, The due process.
8. In Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [[2016]] HCA 26 why
did the High Court disagree with the decision of the Victorian Court of Appeal in
finding there was no case for promissory estoppel, The plaintiff could not
establish that the statement that it would be “looked after at renewal time” was
capable of conveying to a reasonable person that it was a genuine offer of a
further lease, and, There was a need for certainty as to what the parties had
agreed on at the end of the negotiations to find a claim for estoppel.
9. Delegated legislation: Which of the following is not correct? Delegated legislation,

can only be made by Government Ministers.
10. Which of the following is not a way in which an offer can be terminated,
Revocation after acceptance has been mailed where the postal rule applies.
11. Section 51 powers: Which of the following is not an area that the Commonwealth
Parliament has the power to legislate on under s51 of the Commonwealth
constitution, Education.
12. Interpretation-extrinsic materials: In interpretation, extrinsic materials, are allowed
to be referred to by a court
13. Ratio decidendi: The ratio decidendi of a case is, the reason given for deciding
the case.
14. Illusory terms in a contract are problematic since they are, vague or ambiguous
so they fail to create a legal obligation.
15. Native title: Native title was first recognised in the case of, Mabo v State of
Queensland (No 2)(1992) 175 CLR 1.
16. Changing the Constitution: Section 128 of the Commonwealth Constitution

provides that the Constitution can be changed by referendum that requires a
“yes” vote, by the majority of voters and in a majority of States.
17. The main legal issue in Felthouse v Bindley (1862) 11CB (NS) 869 was,
generally silence/ lack of action does not constitute acceptance of an offer.
18. Which of the following is not a class of persons regarded by the law as wholly or
partly incapable of entering into legally binding contracts, Women.
19. Reporting obligations: What is a binding precedent, A decision of a court that

brings judges in a lower court in the same court hierarchy.
20. Separation of powers: Which of the following is not one of the three branches of
the Commonwealth government in Australia, The Governor
21. Criminal offences: Which of the following is incorrect with respect to criminal
offences, The committal hearing is held before most summary offense matters.
22. Australian Constitution: Which Act established the federal legal and political
system and converted the separate colonies into states, Commonwealth of
Australia Constitution Act 1900.
23. Public and private law: Which of the following is not classified as private law?
Criminal law (public law).
24. Farah agreed to take care of an elderly woman Marge and in return was provided
with a house to live in that was promised by Marge to be Farah’s after she died.
Farah cared for the woman for 23 years, but upon Marge’s death, Farah
discovered that their oral agreement was never put into writing. The woman’s son
moved into the house and Farah made a claim to the house. The court, is likely
to apply the doctrine of part performance.
25. Andy promises Ellie $100 on her 21st birthday. If this promise was contained in a
simple contract, the legal position is that such a promise is never binding as it
must have consideration supplied by Ellie.
26. The High Court’s decision in Waltons Stores (Interstate) Ltd v Maher (1988) 164
CLR 387 is that they extended the doctrine of equitable estoppels such that it
applies even where there is no pre-existing contractual relationship between the
parties.
27. Which of the following statements about acceptance is false? Acceptance can be
in any manner chosen by the offeree.
28. Section 15AA of the Acts Interpretation Act 1901 (Cth) provides that the purpose
of the statute or its object should be preferred method of determining the
statute’s meaning.
29. Separation of powers: Which of the following statements about separation of

powers in Australia is correct, The executive is the body that administers the law.
30. Equitable remedies: Which of the following is incorrect, Equitable remedies must
be awarded in a separate proceeding to common law remedies such as
damages. Correct: Equitable remedies are discretionary, and include specific
performance, and injunctions.
31. Civil and criminal law: Which of the following is not correct with respect to civil
law, The document filed by the defendant is called a writ.
32. Federal system: Which of the following statements is correct, Australia is a
federal system, with two legal systems for each citizen.
33. A contract dividing the proceeds of a cocaine importing venture that has no
technical defects and that is not overly harsh/unfair to either party is, void.
34. If one party has threatened another party to enter into a contract, the element
that is missing is, real/genuine consent.
35. Substantive and procedural law: Substantive law, refers to actual rights under the
law.
36. The Age of Majority Act 1977 (Vic) reduced the age for contractual capacity of a
minor to, 18.
37. Delegated legislation: An example of delegated legislation is, the Corporations

Regulations 2001 (Cth).
38. In which of the following types of agreements is there a presumption that parties
intend to be legally bound, A partnership between husband and wife.
39. Court hierarchy: Local or Magistrates Courts are, the lowest courts in the state
hierarchy.
40. Which of the following statements about bilateral and unilateral contracts is not
correct, A unilateral contract does not require consideration but simply a promise
to perform an act if sufficient.
41. Criminal proceedings: An indictable offense is a more serious criminal offense.
42. Law reports: Where are decisions of the High Court of Australia found only
online? In the Commonwealth Law Report
43. Which of the following circumstances are likely to affect the consent of one or
both parties to a contract, Mistakes and duress and undue influence
44. Reception of English law in Australia: Which Latin phrase explained the rationale
for applying English laws to the new Colony of New South Wales, Terra Nullius.
45. With respect to revocation, which of the following statements is not correct, The
offeror must personally communicate the revocation to the offeree.
46. Sources of law: the two main types of law in Australia are, statute law and
judgment-made law.
47. In Ashton v Pratt (2015) NSWCA 12, what was the main reason for the court
deciding that there was no intention to create a legally binding contract, The
verbal language of the agreement greatly lacked detail from either party and did
not indicate definite obligations.
48. Simone advertises a car for $4,000. John responds to the advertisement and
asks whether Simone will take $3,000. Simon says “no”, but that she will hold the
offer open for a week. The next day, she sells it to Samantha. Which of the
following statements is correct, Simone does not have to hold the offer open
since no consideration was given.
49. Which of the following is not one of Brennan J’s six criteria for estoppel from
Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387, The promissory
knew or was reckless as to whether the promisee intended to act in that
50. Court hierarchy: The highest court in Australia is, the High Court of Australia.
51. Interpretation: Which of the following is not correct? With respect to

interpretation, the main approach used by courts is, the purposive approach.
52. Which of the following no longer regulates business or commercial law The Trade
Practices Act 1974 (Cth).
Jack was subpoenaed to give evidence on Rods behalf. Jack claimed Rod
promised him $2000 to give evidence. Would Jack recover that money? No,
since Jack’s public duty is to give evidence in response to that subpoena.
53. Which of the following statements about the contractual obligations of

government policy proposals is incorrect, Where the government makes a policy
promise and a citizen relies on it the court will always regard that policy
commitment as a binding contractual obligation.
54. Constitution: Section 51 Commonwealth Constitution grants what type of

lawmaking power to the Commonwealth Parliament, concurrent powers.
55. Royal Assent, the Governor-General on the Queen’s behalf gives Royal Assent
to an Act of the Commonwealth Parliament.
56. Sally puts up a sign stating that she has lost her dogs and will pay a reward of
$100 for their return to her within 3 days. Which of the following statements is
correct, Chang will not get the reward because he returned the dog knowing it
was Sally’s, but unaware of her offer of a reward.
58. A qualified acceptance may also be known as a, counteroffer.
59. Which of the following statements about contracts is true, It is a statutory

requirement throughout Australia that some contracts must be in writing and
others must be evidenced in writing
60. The legislature: Exclusive powers are those that, can be exercised only by the
Commonwealth.
61. Sources of law – statute: Which of the following is incorrect, statutes may not
overrule existing common law.
62. Civil law and criminal law: Where an act is both a crime and a tort, the State may
prosecute the offender for the crime, and the victim may bring a civil action.
63. Which of the following is most likely to be considered an offer, “I’ll pay you $3,000
if you complete a total rewrite of chapters 12 and 15 of this textbook.”
64. Hierarchy of courts: Which of the following is higher than the Federal Court of
Australia in the federal court system? High Court.
65. The Executive Power: The Executive power is administered by the Queen, the
Prime Minister, and the Cabinet.
66. Contracts voidable by a minor do not include, those not binding unless ratified by
the minor during their minority.
67. The postal acceptance rule, can be impliedly excluded by offeror specifying
actual receipt of acceptance.
68. With respect to the contractual capacity of corporations, s 124 of the
Corporations Act 2001 (Cth) gives them, all the legal capacity of a natural person
(together with some additional powers that can only be exercised by a
corporation)
69. In which of the following situations is the offer most likely not to have lapsed?
Where Wrench had an option to purchase land but, unknown to Wrench, the
seller died prior to Wrench’s acceptance.
70. Where an agreement has been made during the course of trade or commerce
between businesses, the situation will commonly indicate that the parties,
intended to create binding legal relations.
71. Criminal offences: Which of the following is incorrect with respect to criminal
offences, A committal hearing is held before most summary offence matters.
72. Peter verbally offers Tara his car for $5000. Tara refuses saying it’s not worth
that, but she will pay $4000. What is the status of Peter’s first offer, It has lapsed
because of Tara’s counteroffer.
73. Constitution: Which of the following statements about constitutions in Australia is

NOT correct, Australia has one constitution only (States have no constitutions).
74. What was one of the “practical benefits” received by Roffey in Williams v Roffey
Bros & Nicholls (Contractors) Ltd [1990] 1 All ER 512, Roffey did not need to find
another subcontractor.
75. In Elizabeth City Centre Pty Ltd v Corralyn Pty Ltd (1995) 63 SASR 235, the
option to exercise renewal of the lease, Negated the postal rule because the
notification was not sent by certified mail as required.
76. Australian Constitution : Which Act established the federal legal and political
system and converted the separate colonies into states, commonwealth of
Australia Constitution Act 1900.
77. Common law: Which one of the following statements about common law is
correct, Common law is judge made law.
78. Business law: which of the following no longer regulates business or commercial
law, trade Practices Act 1974 (Cth).
79. Which of the following facts about a “contract under seal” is incorrect, It must
always be supported by consideration to be enforceable.
Quiz 5-13
1. A party in breach of contract is liable to pay damages for, losses occurring in the
usual course of things from the breach.
2. Which of the following statements is correct, A contract may be illegal as

performed where only one party performs it in an illegal manner.
3. Which of the following is not accurate? Duress involves, Duress must be the only
reason for entering into a contract.
4. Which of the following is not one of the six elements required for a claim of
fraudulent misrepresentation to succeed, The representation must be in writing
(cannot be verbal only). 3 of the 6 elements are required for a claim of fraudulent
misrepresentation to succeed: 1. The representation must be false, 2. the
representation must have been acted upon by the other party, and 3. the
representation must be one of fact.
5. Which of the following is not true, economic duress was found in North Ocean
Shipping Co Ltd v Hyundai Construction Co Ltd [1979] 1 QB 705 and the
threatened party was able to recover the payments made under duress.
6. Which of the following is not usually recoverable by way of damages,

Compensation for mere inconvenience or disappointment.
7. No fault on the part of either party is an element required for the doctrine of
frustration to operate.
8. In Howe v Teefy (1927) 27 Sr (NSW) 301 where a leased racehorse was retaken
three months into a three-year lease, the fact that assessment was difficult did
not prevent a court from granting damages where the plaintiff had been deprived
of something of value.
9. The term “transparency” in unfair contracts means, it is expressed in reasonably
plain language that is readily available to the affected party.
10. Where a contract restricts one party from exercising their trade, it may be valid
provided it was e reasonable as between the parties and the public.
11. Janine has sold her business to Simone. Simone insists on inserting a clause in
the agreement that Janine cannot open a similar business within 10 km of her
former business, for the next two years. Which of the following is not true, The
court will always uphold restraint of trade provisions in contracts for sale of
business.
12. In determining whether a statement has become a term of the contract, the key
test applied by the courts is, contractual intention.
13. In which case did the court recognise that damages for disappointment and
distress could be available subject to certain limitations, Baltic Shipping Co v
Dillon (1993) 176 CLR 344.
14. Which of the following is not an example of an unfair contract term, the specifics
of Rose’s situation were not taken into consideration by Melton Apartment
Construction Ltd.
15. Unliquidated damages are, damages where the court is to determine the amount.
16. Which of the following is NOT a requirement for an assignment of a debt or other
chose in action under various State statutes, Fourteen days’ notice in writing is
provided to debtor.
17. Which of the following statements about the parol evidence rule is true, It does
not apply where it can be shown that the written contract was not intended to be
a complete record of the agreement.
among other things, the little dry nut cakes on his holiday, damages were
awarded partly for disappointment.
19. With respect to substantial performance and partial performance, partial

performance is where a party voluntarily accepts less than full performance by
the other party.
20. How is the Australian Consumer Law structured into the Competition and
Consumer Act 2010 (Cth), The Australian Consumer Law is Sch 2 to the
Competition and Consumer Act 2010 (Cth).
21. Century Dragon Pty Ltd is contracted to export 1000 beach balls to Minerva
Beach Surf Club by 1 January, with payment due by 1 April. Which of the
following is correct, the time of delivery is likely to be considered an essential
term.
22. A term that is vital to a contract is known as, a condition.
23. Which of the following is NOT a method of termination, rectification.
24. Parol evidence may not be admitted in which of the following circumstances, to
contradict an unambiguous term.
25. The test of whether a statement is a term or a representation is not dependent on

which of the following, whether the party making the statement believed in the
truth of the statement or not.
26. In Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR
107, it was held that the subcontractor could get an indemnity even though the
subcontractor had given no consideration under the contract
27. Which of the following is not correct, an action in restitution cannot be brought
where there is no contract between the parties.
28. In Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982)
149 CLR 337, the High Court found that the contract was frustrated.
29. Compensatory damages are also known as, actual/ordinary damages.
30. Which of the following is not a type of termination, Where an event occurs that is
not the fault of either party that causes a fundamental change to the nature of the
contract and the parties obligations and although the contract covers that
eventuality, it would cause hardship to one party to enforce it.
31. Which of the following is a circumstance where specific performance would be

ordered, Where the subject matter of the contract is an apartment in a complex of
20 apartments.
32. The remedy of restitution is based on the concept of, unjust enrichment where
the defendant is unjustly enriched at the plaintiff’s expense.
33. Which of the following are not usually compensated for with payment of
damages, Injured feelings/ disappointment.
34. Which of the following is not correct with respect to the Australian Consumer
Law, Owing to the Commonwealth’s limited lawmaking powers under s51 of the
Constitution, it applies only to corporations.
35. Which of the following is not one of the four ways a statute may render a contract
illegal set out in Yango Pastoral Co v First Chicago Australia Ltd (1978) 139 CLR
410,The contract may set out an unreasonable restraint.
36. Jacq and Jack robbed the Commercial Bank. Jacq thinks that Jack was too
aggressive with the tellers and the robbery could have gone very wrong. Jacq is
now refusing to give Jack his share of the takings. Which of the following is
correct, The contract involved the commission of a crime and is therefore illegal
and unenforceable.
37. Janey takes her fur stole to the dry cleaner. When she returns to collect it, there
is a black mark in the shape of an iron in the middle of her stole and it is ruined.
The dry cleaner tells Janey that he is not liable for the damage to her fur stole as
there was an exemption clause in their agreement. Which of the following is not
correct,If the exemption clause was merely contained within a notice on the wall,
the dry cleaner will be liable for the damage.
38. Criminal proceedings may be brought for, unfair practices.
39. Chris maintains that a document that he and Kathy have signed is a binding
contract. Kathy maintains that it is merely a receipt and does not include all the
terms of their agreement. Which of the following statements is correct, Parol
evidence may be admissible.
40. In which of the following circumstances is the court likely to order specific
performance rather than damages, the contract involved the sale of an expensive
waterfront mansion on Sydney Harbour.
41. In the case of restraint of trade with respect to employment, the court does not
easily allow parties to contract out of their means of employment.
42. The general principle with respect to damages for breach of contract is, damages
are to place the innocent party in the same position they would have been in if
the contract had been performed.
43. Which of the following is not correct with respect to the prohibition of
unconscionable conduct within the meaning of the unwritten law,Unequal
bargaining power of itself is enough to constitute a special disadvantage.
44. Which of the following is correct, damages must not be too remote from a
breach.
45. James, a chef, tells Laura, who is looking to buy his antique lounge chair, that the
chair is of Spanish origin. Three weeks later a written contract is drafted that
makes no mention of the chair’s origin. The statement that the chair is of Spanish
origin is most likely to be a/an mere puff, representation.
46. Which of the following is not true? A signature on a contract containing an

exemption clause guarantees that an exemption clause will be effective.
47. Which of the following is not a requirement of a valid collateral contract, the
consideration must be of higher value than the main contract.
48. In Victoria Laundry (Windsor) Ltd v Newman Industries Ltd [1949] 2 KB 528, only
the ordinary loss related to the delay in installation of the boiler was recoverable
because the defendant was not made aware that additional lucrative contracts
had been negotiated.
49. Which of the following statements is correct with respect to mistake, rectification
is a remedy for certain types of mistakes in written contracts.
50. The definition of “consumer” is limited by what amount, recently increased to

$100,000.
51. Which of the following are sources of illegality, statute and common law.
52. When a contract is made orally, the question of what the express terms are, is a
question of fact.
53. Which of the following would not constitute the unfair practice of harassment or
coercion under the Australian Consumer Law? Where there is a debt in
connection with the possible of goods and the creditor, Tells the debtor, among
repeated demands for payment give the debtor a discount for early payment.
54. Smithy Builders have a contract with Big Bank Pty Ltd which contains the
following clause: “Where Smithy Builders fails to complete the contract by 7
December, it will pay a sum of $300,000 in full and final satisfaction of its liability.”
Smithy Builders fails to complete by 7 December. If Smithy Builders wishes to
avoid paying the sum of $300,000, what must it prove, that the clause is a
penalty clause (to punish the builders).
the top receive most of the benefits, pyramid selling.
56. Sharma was selling his secondhand vacuum cleaner to Natasha and told
Natasha that it could “do all the rooms in the house ten times over without the
filter needing to be changed”. Natasha spent a few weeks shopping for other
vacuum cleaners but eventually returned and purchased Sharma’s, telling
Sharma it was the cheapest she had seen in two weeks and she liked the colour.
When Natasha took it home she soon discovered that the vacuum cleaner could
only do one room at a time and then the filter would need changing. Natasha
cannot rely on Sharma’s statement for breach of contract because, natasha did
not attach any importance to the statement when it was made.
57. Which of the following is not a circumstance where the court would award
specific performance, where the contract would require constant supervision by
the court.
58. In which case did the court recognise that damages for disappointment and
distress could be available subject to certain limitations, baltic Shipping Co v
Dillion (1993) 176 CLR 344.
That the goods are acceptably, fit for the consumer’s purpose.
60. Which of the following is not a type of contract illegal at common law on the
grounds of public policy, contracts to oust the jurisdiction of the courts.
61. Non est factum means, it is not [my] deed.
62. Which of the following is an element required for the doctrine of frustration to
operate, no fault on the part of either party.
63. Sandy is selling her horse, Flossy. Miranda is interested in buying Flossy. Sandy
tells Miranda that Flossy is the best little racehorse in Australia and has all the
registrations, licences and permits required to race in the current season but that
Miranda should probably get this checked herself. These two statements are,
mere puff and representation.
64. Where a contract has not been completed within the specified time, the innocent
party will be entitled to terminate the contract upon giving notice that time is of
the essence.
65. Which of the following statements is correct, an exemption clause is a term that
excludes or limits the liability of one or more parties.
66. Which of the following actions is unlikely to constitute duress, a threat to contact
police if stolen moneys were not repaid to the employer.
67. How may a court view substantial performance of a contract, the contract is
complete, but the uncomplete portion may be allowed for as a reduction of the
full contract price.
68. Where a contract is made in writing, the express terms of that contract, are
generally to be found in the writing.
69. Which of the following matters is least likely to contribute to a finding of

unconscionable conduct in connection with goods or services, Where the
supplier makes a commercial decision to breach the contract knowing that the
customer will seek a legal remedy for the breach.
70. Which of the following is incorrect, Repudiation, is the same as termination; the
contract is at an end.
71. Which of the following statements is not correct, A breach of a warranty entitles
the innocent party to be compensated with damages and termination of the
contract.
72. Which of the following statements is not correct? With respect to legality of
object,illegal objectives will not affect a contract provided both parties have
agreed to it.
73. Chris and Tama buy a noodle bar from Udon4U Pty Ltd. In the course of
negotiations, Udon4U Pty Ltd’s agent, Nadia, misrepresents the turnover of the
noodle bar, stating an amount that is double the actually turnover. Nadia herself
received this information on turnover from Geoff, a director of Udon4U Pty Ltd. In
making the misrepresentation, what sections has Nadia likely contravened, as
she merely passed on the information with no intention to procure a
contravention, she probably will not be personally liable.
74. Which of the following is not correct? With respect to s 18 of the Australian
Consumer Law, silence, is not relevant in considering the contravention.
75. A divisible contract, is one that provides expressly or impliedly that performance
is due after the other party has performed stages of the contract.
76. Which is not an enforcement measure under the Australian Consumer Law,
Disqualification from managing corporations for a period of time for a breach of s
18.
77. In which of the following cases would a plea of frustration not succeed? Where
the event should have been foreseen. Succeed: 1. Where no specific provision
was made for the event in the contract, 2. Where performance is still possible but
would be pointless, and 3. Where performance has become fundamentally
different from what was contemplated by the parties.
78. Ben planned the perfect surprise birthday party for his mother. He hired a hall, he
hired a violinist and he organised catering. Two weeks prior to the event, the
violinist called to cancel. Ben was so upset at the loss of what he thought would
be the highlight of the evening that he called the whole event off. Ben lost both
the deposit on the hall and the deposit for the catering. Which of the following is
correct, Ben has a duty to mitigate his losses.
79. Which of the following constitutes pyramid selling, Jaz is approached by her
neighbour to join the sales team of Thames Beauty Products. Thames sells its
products door-to-door through agents and is a close-knit family type of company.
Agents that introduce other agents to “the family” are rewarded with a finders’
fee. It is only $500 to join the Thames family, and Jaz only has to spend $400 on
products in her first month.
80. What is the main difference between the misleading or deceptive conduct
provisions in the Trade Practices Act 1974 (Cth) and in the Australian Consumer
Law, the Australian Consumer Law refers to a person.
81. The plaintiff in an action under s18 of the Australian Consumer Law is required to
prove what, The conduct is misleading or deceptive or likely to mislead or
deceive.
82. Which of the following guarantees applies to a sale by auction, guarantee as to

title.
83. When are nominal damages awarded, a legal right has been infringed but there
is no actual loss.
84. A unilateral mistake does not include mistake as to capacity of the parties.
85. A consumer contract with respect to unfair contract terms does not involve wholly
for personal, domestic or household use or resupply.
86. Which of the following is a way that a contract may be terminated by operation of
law, Where a party to a delivery of goods contract becomes bankrupt.
87. Which of the following statements is incorrect, The remedies available for breach
of an intermediate term depend on their classification as an intermediate term,
not the effect of the particular breach.
83. Which of the following is not correct, an injunction is sometimes granted to
compel a party to do something they would not have been ordered to do by
specific performance.
84. Which of the following is not correct, Parol evidence is not admissible to evidence
whether a document constitutes a contract or merely a note.
85. Exemplary damages, might be ordered as a penalty where there has been an
intentional breach.
91. In considering whether a contract is a standard form contract, which of the

following is not something that the court must consider? Whether the price
payable takes into account the specifics of the party and the transaction.
92. Which of the following is not correct, the Australian Consumer does not have any
provision for unconscionable conduct.
93. John tells Cara that the car he has for sale is “as is, where is” and “only needs
the oil filter changed and she’s good to go”. John made this statement based on
the fact he has had the car checked by a mechanic a few weeks ago.
Unfortunately, the car required more significant repairs before it was roadworthy.
What remedies are available for Cara under the common law, Cara has no
remedy under the common law (if John’s statement was not a term in the
contract).
94. Which of the following is correct, When the parties’ obligations under a contract
have been discharged then so has the contract.
95. In which one of the following cases was it held that damages are not recoverable
for distress or disappointment unless the contract promised to provide pleasure,
enjoyment or relaxation or where the distress or disappointment arises from
physical injury or physical inconvenience, Baltic Shipping Co v Dillon (1993) 176
CLR 344.
96. Which of the following is not an equitable remedy, Exemplary damages.
97. In which one of the following cases was it held that for a loss in the contemplation
of the parties to be recoverable it must be “a serious possibility”, “a real danger”,
“liable to result” or “not unlikely” to occur, Koufos v Czarnikow Ltd [1969] 1 AC
350.
98. How is repudiation determined by the court, objectively.
99. Tom agrees to fix Richie’s car for $1,000. Richie pays a deposit of $200 and Tom
guarantees the job will be completed within two weeks. Before Tom commences
the repairs, the car is stolen from Richie’s locked garage and destroyed by fire.
Richie demands the return of his $200 deposit and Tom refuses to give it to him.
Which of the following is not correct, under the Australian Consumer Law and
Fair Trading Act 2012 (Vic), Tom is entitled to retain the $200 deposit.
100. Which of the following statements about damages is not correct, damages are
awarded to compensate a party for all losses caused by breach of contract.
101. Where one party believes the contract refers to the Bonny Lass, a freight ship
based out of Norway, and the other party believes the contract refers to the
Bonny Lass, a freight ship based out of Hong Kong, this is an example of a,
mutual mistake.
24(1) of the Australian Consumer Law? Where, the term is not transparent.
98. In Shevill v Builders Licensing Board (1982) 149 CLR 620 at 625, Gibbs CJ listed
all but the following various ways that a contract may be repudiated, “[I]f one
party discharges [themself] from performance by agreeing to a new agreement
that supersedes the previous one”.
104. In Barton v Armstrong [1976] AC 104, the court held that, the threats to the
plaintiff’s life contributed to the plaintiff’s decision to sign the contract and
therefore constituted duress.
105. Which of the following is not correct with respect to mitigation of loss, the
burden of proving that losses were mitigated falls upon the party claiming the
damages ie. the defendant.
106. Which of the following is the general position of the courts when awarding
damages, Where it is possible to place an innocent part in the position he/she
would have been in if the breach had not occurred.
107. With respect to consumer guarantees, which of the following is not correct,
With respect to fitness for purpose, a “disclosed purpose” relates to the supplier
only - the manufacturer may make representations to the consumer, but the
consumer cannot disclose a purpose to the manufacture and receive a guarantee
in return.
108. Consumer guarantees as to title are contained within, sections 51-56 and ss
60-61 of the Australian Consumer Law.
109. Which of the following is not an unfair practice under the Australian Consumer
Law, Where a television advertisement for a chocolate bar shows teddy bears
working the manufacturing lines.
110. Which of the following is not a type of contract void at common law, An
agreement that offends the Australian Consumer Law (ACL).
111. What does the concept “quantum meruit” mean, The innocent party would be
unjustly enriched if they were able to retain the benefit without compensating the
party in breach for the “amount he deserves”.
112. In Hadley v Baxendale (1854) 9 Exch 341; 156 ER 145 the court recognized
“reasonably foreseeable losses” as being, Losses that arise naturally from a
breach of contract, and Losses that are actually contemplated by the parties.
113. Which of the following is correct with respect to privity of contract, Despite
the doctrine, a new owner of land is able to enforce a covenant between the
previous owner and another party.
114. Why are late payment charges on credit cards not penalties, Banks penalties
on cards are legitimate to cover their costs.
115. In Curtis v Chemical Cleaning & Dyeing Co Ltd [1951] 1 KB 805, the
exemption clause in the sales agreement for the drycleaning was not sufficiently
explained to the customer.
116. Which of the following is not a situation where frustration would occur, Where
the performance of the contract is rendered illegal by the destruction of the
subject matter of the contract by one of the parties. A situation where frustration
would occur
117. When considering whether a contract is a standard form contract, the court
does not have to consider, whether one party’s vicarious liability for its agents is
limited.
119. Chung is looking to purchase a carwash business from Terry. Terry tells
Chung that she serves 100-150 cars per day and that she has just concluded an
agreement to service the fleet of cars of a local business. In reality, Terry has only
served around 15 cars per day since her customer service received a bad review
in the local newspaper and a competing carwash business opened one street
away. Terry intends for Chung to buy her business based on what she has
stated. This is an example of, fraudulent misrepresentation
120. Undue influence differs from duress in that with undue influence, no unlawful
act is required
121. If one party has completed its obligations under the contract, and the other
has not, the contract cannot be terminated by simple agreement without
consideration
122. In ACCC v Turi Foods Pty Ltd [2012] FCA 19, the statement that the chickens
were “free to roam” was misleading as there were too many chickens pr square
metre for the chickens to easily move.
123. Can a person use an official position they hold for their financial advantage,
No because if a contract is involved, this could lead to the promoting of
corruption in public life.
124. Marnie loans Bill $1000 so that Bill can pay a local politician to ensure his
tender will be the winning tender. The contract between Marnie and Bill is, an
illegal contract.
125. Which of the following is not a valid assignment of a contract, A contract for
personal services.
126. Which of the following is correct, When the parties’ obligations under the
contract have been discharge, then so has the contract
127. Matt sells his car to Tabitha, who purchases it on the condition that she can
continue to: keep it in his garage at no cost for the next six months. Tabitha pays
in full. Two months later, Matt tells Tabitha she will have to remove her car from
his garage as he has bought a: new car and wants to keep it in the garage.
Which of the following statements is correct, If Tabitha promises to remove her
car, Matt will not be able to enforce the promise: unless the promise is supported
by consideration or made under seal.
128. In which case was it that held that where an exemption clause is in a
non-contractual document, the clause must be brought to the other party’s
attention for it to be effective, Causer v Browne [1952] VLR 1.
129. A liquidated damages clause in a written contract, Sets out the amount
agreed payable to the innocent party if there is a breach of contract
130. In which case did the court find that passing off had been engaged in and the
misleading and deceptive conduct provisions had been contravened, Apand Pty
Ltd v The Kettle Chip Co Pty Ltd (1994) 52 FCR 474.
131. Which of the following sections of the Australian Consumer Law are relevant
to misrepresentation, Sections 18 and 29.
132. Terms may not be implied into a contract by, representations
133. In Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB
26, the court recognised which of the following terms which later became part of
Australian law in Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd
(2007) 233 CLR 115, Innominate term
134. Fraser crashes his car with his friend Angus as a passenger. Angus is injured.
Angus was not wearing a seatbelt. Which of the following is not correct,
Damages cannot be apportioned for breach of contractual duty of care where
there is contributory negligence.
135. Which of the following is not a restraint of trade, An agreement by which

Steve agrees to repay his daughter’s loan debt in return for the person who
advanced the loan to his daughter agreeing not to report Steve’s daughter to the
police for fraud.
136. Which of the following constitutes referral selling, Jaz purchases a painting
through a new art gallery that has just opened in town. The price is high and Jaz
is at first uncertain about the expense, but the art dealer promises Jaz a
commission on sales to any of Jaz’s friends who she sends along to the gallery.
Jaz has a lot of art collector friends so is sure that she will receive some
commission from the gallery in the near future.
137. Ella contracted Anasaki to build a balcony for her house to certain
specifications. When Anasaki had finished, Ella was shocked to see that the
balcony was much bigger than she had specified. Ella refused to pay Anasaki.
Which of the following is incorrect, It would be unjust for Ella to have to pay any
money for a balcony that was not built to her specifications under the contract.
138. Cathy and Mel entered into a contract where Cathy was to steam clean seven
rooms in Mel’s house at $200 per room. After cleaning three rooms, Cathy
abandoned the job for a more valuable contract. Which of the following is true, If
the contract is divisible, Cathy is entitled to payment for the work she has done.
139. Chang wants the court to imply an engineering custom into a term of a
contract to which he is a party. The other party has no knowledge of this custom.
It is not contrary to any of the express terms of the contract. The court, may imply
the term.
140. Jong complains that the barbecue he bought is not fit for purpose because
the metal sides melted the first time he cooked with it. The manufacturer
maintains that Jong should not have used the barbecue for slow cooking and that
it never represented that the barbecue would be fit for the purpose of slow
cooking. What are the circumstances in which the guarantee as to fitness for
purpose would apply, Where Jong made known to the supplier that he was going
to use the barbecue for slow cooking meals.
141. It is important to distinguish between representations and terms because,

damages can only be awarded for fraudulent or negligent misrepresentation.
142. Which of the following is not an enforcement measure under the Australian
Consumer Law, A disclosure order issued by the ACCC
143. Which of the following is not an exception to privity, Employment.
144. James is going through a difficult time and does not feel he can confide in
anyone. Eventually he confides in the priest of his church and asks for support.
The priest forcefully tells James to turn over all of his money to the church or he
will be struck down by lightening. The priest does not believe that James will be
struck down. James makes the payments. Which of the following is most likely
legal grounds for James to avoid the transaction, Undue influence.
145. In which High Court decision was it said: “[T]here are two relevant
circumstances in which a breach of contract by one party may entitle the other to
terminate. The first is where the obligation [is] essential ... The second relevant
circumstance is where there has been a sufficiently serious breach of a
non-essential term ...we rest our decision in the appeal not upon the ground of
breach of an essential obligation, but upon application of the doctrine respecting
intermediate terms.”, Koompahtoo Local Aboriginal Land Council v Sanpine Pty
Ltd (2007) 233 CLR 115.
strawberries as he likes each strawberry season”. This contract, is valid as the
parties’ intention is clear.
147. Which of the following is not a way that a person seeking to rely on an
exemption clause can show that the clause has become part of the contract, by
showing it was brought to the notice of the other party at the time of, or
subsequent to, entering into the contract.
148. Which of the following is not correct, It is prohibited to offer goods at a special
price and not have a sufficient amount of those goods available for a long period
of time.
149. Which of the following is not a way to discharge a contract, through breach.
150. Who/what are exempt from the provisions of s18 of the Australian Consumer
Law, Information providers such as media outlets.
146. Krell v Henry [1903] 2 KB 740 illustrated what point, that the parties are
discharged if an event occurs which forms the basis of the contract, but which
prevents performance at no fault of either party.
147. Contingent conditions include, conditions subsequent and conditions

precedent.
153. Which of the following is not one of the special relationships in which the onus
of proving that undue influence was not employed shifts to the denying Party,
Paren and child where the child is living independently.
154. Which of the following is not correct with respect to termination by subsequent
agreement, A subsequent simple contract can cancel a contract where one party
has completed their obligations and the other has not.
155. The parol evidence rule performs much the same function as, a merger
clause.
156. A party repudiates contract when, the party is able but unwilling to perform
their obligations under it.
157. Where a loan contract allows for termination by the loan provider in the event
of default by the borrower. this is, an express power to terminate.
158. If the court held the sum the parties inserted into their contract ($100,000) to
be a penalty, and the actual loss determined by a court was $30,000, the plaintiff
would be able to recover $30,000 only.
159. Which of the following statement is not correct, A breach of a warranty entitles
the innocent party to be compensated with damages and termination of the
contract.
160. Which of the following is not correct with respect to misleading conduct under
the Australian Consumer Law as compared with the common law of
misrepresentation, the person does not necessarily have to engage in the
conduct.
161. Which of the following is not a remedy for unconscionable conduct, A criminal
prosecution
162. Which of the following is not correct, A criminal penalty can be sought for a
breach of s18
163. Which Australian case is most similar to H Parsons (Livestock) Ltd v Uttley
Ingham & Co Ltd [1978] QB 791 in relation to applying foreseeability to limit
claims for damages, Day v O’Leary (1992) 57 SASR 206
164. Which of the following is not correct? Restitution, was not awarded in the
case of Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221 as the contract
was not in writing as required by statute and therefore not enforceable.
165. Coulls v Bagot’s Executor & Trustee Co Ltd (1967) 119 CLR 460; Beswick v
Beswick [1968] AC 58 and Tweddle v Atkinson (1861) 1 B & S 393 all relate to
the doctrine of, privity.
166. The Australian Consumer Law definition of “supply” does not include gift.
167. When it was said in Re Hall & Barker [1878] 9 Ch D 538, “if a shoemaker
agrees to make a pair of shoes, he cannot offer you one shoe and ask you to pay
one half the price”, this is referring to, the court’s tendency to regard contracts as
entire.
168. Which of the following is most correct? If an amount of $5,000 is specified in a

written contract as the agreed genuine pre-estimate of damages in the event the
contract is breached then this is commonly referred to as, liquidated damages.
169. Which of the following is not true with respect to misleading or deceptive
conduct, A person acting as a “mere conduit” in passing on representations may
also be liable.
170. Which of the following constitutes bait advertising, Jaz approaches a

salesperson on the forecourt to buy the car package she saw advertised on
television and is told that there were only two cars for sale as a part of that deal
and there are now none left. The salesperson tells Jaz that she would look much
better in the convertible model and although there is no deal on that car, it is only
$50,000 more.
Quiz 14-15
1. To claim damages a causal link must be established between what two things?
The defendants breach and the plaintiff’s injury.
2. Which of the following is not correct? The reform to the law of negligence that
took place in Australia in the early 2000s, does not apply to claims in contract
law.
a false blood alcohol reading, part of the test of reasonable foreseeability is a
question of fact.
4. In Australian Safeway Stores v Zaluzna (1987) 162 CLR 479, the respondent
was a lawful entrant upon the land of the respondent, establishing a relationship
between them and there was therefore a duty of care owed by the appellant to
avoid a foreseeable risk of injury.
5. Which of the following is not a provision of the Wrongs Act 1958 (Vic) relating to
professional liability, the court must rely on peer professional opinion even where
it considers that opinion irrational.
incorrect, the person giving the advice may be liable in negligence. Which of the
following is incorrect, the duty of care only arises where the “special relationship”
involves a person seeking advice from the advice-giver, not where the advice
was given unrequested and merely accepted.
7. The “neighbour principle” is often viewed as, a test of the foreseeability of harm.
Steamship Co Pty Ltd (The Wagon Mound No 2) [1967] AC 617 (PC) when
another plaintiff failed in the earlier related Wagon Mound case, In the first case,
the plaintiffs failed to show that a reasonable man would have foreseen the risk
of damage from the oil spill.
leaves the forklift in a certain place where she has been told to leave it, with the
forks up off the ground. One afternoon a customer who is collecting goods from
the workshop reverses his car into the forks on the forklift. He is injured and his
car is damaged. What is the principle that would make Nicola’s employer liable
for her actions, Vicarious liability.
10. Which of the following is not correct, In The Wagon Mound No 1 and The Wagon
Mound No 2, where there was an unfortunate combination of an oil spill, welding
sparks and floating cotton waste, the loss was found to be not reasonably
foreseeable in the circumstances.
Quiz 16-17
1. Which of the following statements regarding the dissolution of a partnership is

incorrect, A firm’s assets as contributed by partners to make up capital losses
need not be applied to pay the firm’s debts/liabilities to non-partners.
2. The incorrect statement is, The owners of a corporation have unlimited liability.
3. The incorrect statement? If the giving of investment advice is within the scope of
the firm’s business then all partners are jointly and severally liable for advice that
is not in a client’s best interests
4. Find a statement that is incorrect, A wrongful act/omission includes breach of
contract or of fiduciary duty, negligent misrepresentation, and misleading or
deceptive conduct.
5. Which finding is correct?: In Popat v Schonchhatra (1997) 3 All ER 800, the
Court decided, Popat was entitled to half the profits on the sale of the business
and to a share of the profits that had accrued after the dissolution of the
partnership, but before the final settlement of accounts.
6. Which statement regarding partnership is incorrect, Partnerships do not avoid

taking on the formality and expense of an incorporated company
7. Which below is incorrect? A firm is not bound by the acts of a partner if, the
person with whom the partner is dealing knows or believes him/her to be a
partner.
8. Which of the below statement is incorrect, Partnership property is liable to be

seized for the private (personal) debt of a partner and made liable on a judgment
against the partnership.
9. Which legislation regulates partnerships in NSW, Partnership Act 1892 (NSW)
10. Legislation in Victoria: What Act regulates partnerships in Victoria, Partnership

Act 1958 (Vic)
11. Which below statement is incorrect, In a partnership, partners have limited

liability for the business debts.
12. Which of the below statements is incorrect, A written and signed notice of a
partner’s intention to dissolve the partnership is required where no fixed term has
been agreed upon for the duration of the partnership.
13. Which of the statements below is incorrect, A partner’s express authority must be
in writing.
14. Which of the below does not apply to the Partnership Act, The partnership under
the Act must be registered with ASIC.
15. How would a partner pledge the firm’s credit? Only for a purpose directly
connected to the firm’s business but must have express authority to do so.
16. Which of the following is NOT a ground for termination of a partnership, Partner
leaves the jurisdiction.
17. The incorrect statement is, A partner cannot pledge/sell partnership property,
incur and pay debts on partnership accounts or hire employees.
18. Which of the following statements regarding limited partners is incorrect, If a

limited partner has suffered his/her share of the partnership property to be
charged for a separate debt, the other partners are entitled to dissolve the
partnership.
19. Which of the following statements regarding partnerships is incorrect? Each
partner must take an active part in the direction and management of the firm.
20. Find incorrect statement. A partnership cannot be dissolved because the
business is carried on at a loss.

partners, The Corporations Regulations 2001 (Cth) provide greater numbers in
certain specified professions.
22. Which court decision regarding fiduciary duties is incorrect, In Harvey v Harvey
(1970) 120 CLR 529, the Court held that if a partner receives an additional
annual fee to be “on call” for that client, the fee belongs to the partnership.
23. Which is incorrect statement? If a member of a firm of solicitors acting for a

vendor in a sale absconds with the deposit, his/her partners are not liable to
refund the money.
24. Which of the following statements is incorrect, a partnership must be in writing.
25. Find one incorrect statement, A creditor can enforce liability against an incoming
partner whether or not he/she is a party to the contract.
26. Which statement regarding dissolution of a partnership is incorrect, After
payment of the firm’s liabilities, partners do not have the right to have surplus
assets applied in payment of what may be due to the partners respectively / A
firm’s asset as contributed by partners to make up capital losses need not to be
applied to pay the firm’s debt/liabilities to non-partners
27. Cribb v Korn (1911) 12 CLR 205 established, the sharing of joint returns does not
in itself create a partnership.
28. Regarding partnerships, which of the following statements is incorrect,

Partnerships are created with a view to profit, so partners must make a profit b A
partner does not have to have a direct claim to a share of the profits.
29. Which statements is incorrect, more complex business organisations are

unsuitable for larger businesses.
30. Which statements is not correct, A partnership agreement must be in writing; it
cannot be reached orally or by a course of conduct.
31. Which statement regarding persons of unsound mind and minors is incorrect, if a
partner who is a minor enters into a contract with a third party on behalf of the
firm, the minor is liable as far as private assets are concerned.
32. Which of the following statements is not correct, Incorporated limited
partnerships have been introduced in all Australian States and Territories.
33. Which of the following statements regarding the written law is incorrect, The
Corporations Regulations 2001 (Cth), reg 2A.1.01 does not set a maxima of
partners for architects and accountants.
34. Which is incorrect statements regarding limited partnerships, A limited partner

does not have the right to inspect the books of the firm.
35. Which of the following statements regarding dissolution of partnership is

incorrect, A firm’s assets as contributed by partners to make up capital losses
need not be applied to pay the firm’s debts/liabilities to non-partners.
36. Which statement regarding an outsize partnership is incorrect, Its partnership

agreement is invalid. Correct: 1. it has more than 20 partners, 2. it is liable to a
criminal penalty ($500), and 3. its agreement does not affect the enforceability of
contracts or other arrangements made.
37. Which statement is incorrect, Partnership may be formed in order to undertake a

single business transaction.
38. Which legislation controls the actual registration of the firm name, Business
Names Registration Act 2011 (Cth).
39. Which court finding is incorrect, In Mercantile Credit Co Ltd v Garrod [1962] 3 All
ER 1103, damages were not recovered even though, from the plaintiff’s
perspective, the sale of the car was within the usual course of business.
QUIZ 1:
The rule of law: Which of the following concepts is closely related to the rule of law,
Dueprocess
If one party has threatened another party to enter into a contract, the element that is :
missing is, Real/genuineconsent
Section 15AA of the Acts Interpretation Act: Section 15AA of the Acts Interpretation Act
1901 (Cth), Provides that the purpose of the statute or it subject should be the preferred
method of : determining the statute’s meaning.
Criminal proceedings: An indictable oence is, Amoreseriouscriminaloence
Sources of law: Sources of law in Australia do not include, Repealedstatutes
Criminal oences: Which of the following is incorrect with respect to criminal oences,
Acommittalhearingisheldbeforemostsummaryoencematters.
Common law: Which one of the following statements about common law is,
CommonlawisjudgemadelawCorrect!
The High Court’s decision in Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR
387, Extendedthedoctrineofequitableestoppelssuchthatitappliesevenwhere there is no :
pre-existing contractual relationship between the parties
Which are some of the main features of the Electronic Transactions Act 1999 (Cth),
Alloftheabove
In Ashton v Pratt [2015] NSWCA 12 what was the main reason for the court deciding
that : there was no intention to create a legally binding contract,
Theverballanguageoftheagreementgreatlylackeddetailfromeitherparty and did not :
indicate definite obligations
Which of the following statements about bilateral and unilateral contracts is not correct,
Aunilateralcontractdoesnotrequireconsiderationbutsimplyapromiseto perform an : act is
sucient
Which of the following is not a class of persons regarded by the law as wholly or partly :
incapable of entering into legally binding contracts, Women
Which of the following is not one of Brennan J’s six criteria for estoppel from Waltons:
Stores (Interstate) Ltd v Maher (1988) 164 CLR 387, The promise enacted in reliance
on that assumption
Interpretation : Which of the following is not correct?: With respect to interpretation, the
main approach used by courts is, The Purposive Approach
Simone advertises a car for $4,000. John responds to the advertisement and asks :
whether Simone will take $3,000. Simone says ‘no’, but that she will hold the oer open
for : a week. The next day she sells it to Samantha. : Which of the following statements
is correct, Simone does not have to hold the oeropenasno consideration was given
Ratio decidendi*: The ratio decidendi of a case, Is there a son given for deciding the
case
The legislature: Exclusive powers are those that, can be exercised only by the
Commonwealth
Why are illusory terms in a contract problematic, they are vague ambiguous so they fail
to create legal obligation
Delegated legislation: Which of the following is not correct?: Delegated Legislation, Can
only be made Government Ministers
Native Title: Native Title was first recognised in which of the following cases, Mabob
State of Queensland (No2) (1992) 175CLR1
Jack was subpoenaed to give evidence on Rods behalf. Jack claimed Rod promised
him : $2000 to give evidence. Would Jack recover that money, No - Jack’s public duty is
to give evidence in response to that subpoena.Correct!
Business law: Which of the following no longer regulates business or commercial law,
Trade Practices Act 1974(Cth)
The main legal issue in Felthouse v Bindley (1862) 11CB (NS) 869 was, generally
silence/lack of action does not constitute acceptance of another
Sally puts up a sign stating that she has lost her dogs and will pay a reward of $100 for :
their return to her within three days. Which of the following statements is correct, Chang
will not get there ward because here turned the dog knowing it was Sally’s, but : was
unaware of her or of a reward
Reporting obligations: What is a binding precedent, A decision of a court that binds

judges in a lower court in the same court hierarchy
Which are some of the main features of the Electronic Transactions Act 1999 (Cth), all
Peter verbally oers Tara his car for $5000. Tara refuses saying it’s not worth that, but :
she will pay $4000. What is the status of Peter’s first offer, It has lapsed because of
Tara’s counteroffer
What was one of the “practical benefits” received by Roey in Williams v Roey Bros &:
Nicholls (Contractors) Ltd [1990] 1 All ER 512, Roey did not need to find another
subcontractor
Sources of law – statute: Which of the following is incorrect?: Statutes may,

Notoverruleexistingcommonlaw
Changing the Constitution : Section 128 of the Commonwealth Constitution provides

that the Constitution can be: changed by referendum that requires a “yes” vote, by the
majority of voters and in a majority of States
Substantive and procedural law: Substantive law, Refers to actual rights under the law
In which of the following situations is the oer most likely not to have lapsed, Where
Wrench had an option to purchase land but, unknown to Wrench, the seller died : prior
to Wrench’s acceptance
Reception of English law in Australia: Which Latin phrase explained the rationale for
applying English laws to the new Colony of : New South Wales, terra nullius
Andy promises Ellie $100 on her 21st birthday. If this promise was contained in a simple
: contract, the legal position is that such a promise is, never binding as it must have
consideration supplied by Ellie
In Elizabeth City Center Pty Ltd v Corralyn Pty Ltd (1995) 63 SASR 235, the option to :
exercise renewal of the lease, Negated the postal rule because the notification was not
sent by certified mail as : required
Interpretation – extrinsic materials: In interpretation, extrinsic materials, are required to

be referred to by a court
With respect to revocation, which of the following statements is not correct, The offeror
must personally communicate the revocation to the offeree
Which of the following circumstances are likely to aect the consent of one or both :
parties to a contract, Mistake & Duress And Undue Influence
Civil and criminal law: Which of the following is not correct with respect to civil law, The
document filed by the defendant is called a writ
Equitable remedies: Which of the following is incorrect?: Equitable remedies, Must be

awarded in a separate proceeding to common law remedies such as damages
Simon and Stella, both of full legal capacity, agree to go on a date. Stella is to pay for
the : dinner, but she is running late and does not meet Simon at all. Simon is
embarrassed and : angry and calls Stella the next day to threaten to sue her for his taxi
fares and dinner : expenses. Will Simon succeed in his claims, No, because Simon and
Stella did not intend the Agreement Create Legally enforceable : obligations
Royal Assent: Who or what gives Royal Assent to an Act of the Commonwealth
Parliament, The Governor - GeneralontheQueen’sbehalf
In Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016] HCA 26 why did the :
High Court disagree with the decision of the Victorian Court of Appeal in finding there
was : no case for promissory estoppel The plainti could not establish that the statement
that it would be“looked after at : renewal time” was capable of conveying to a
reasonable person that it was a genuine offer : of a further lease, There was a need for
certainty as to what the parties had agreed on at the end of the: negotiations to found a
claim for estoppel
A contract dividing the proceeds of a cocaine importing venture that has no technical :
defects and that is not overly harsh/unfair to either party is, void
Sources of law: The two main types of law in Australia are, Statute law and judge-made
law
Farah agreed to take care of an elderly woman Marge and in return was provided with a
: house to live in that was promised by Marge to be Farah’s after she died. Farah cared
for the : woman for 23 years, but upon Marge’s death Farah discovered that their oral
agreement : was never put into writing. The woman’s son moved into the house and
Farah made a claim : to the house. The court, Is likely to apply the doctrine of part
performance
Which of the following is most likely to be considered an offer, “I’ll pay you $3,000 if you
complete a total rewrite of chapters 12 and 15 of this : textbook.”
Australian Constitution : Which Act established the federal legal and political system
and converted the separate : colonies into states, Commonwealth of Australia
Constitution Act1900
Contracts voidable by a minor do not include, those not binding unless ratified by the
minor during their minority
Where an agreement has been made during the course of trade or commerce between
businesses, the situation will commonly indicate that the parties, intended to create
binding legal relations
Which of the following is not a class of persons regarded by the law as wholly or partly:
Separation of powers: Which of the following is not one of the three branches of the
Commonwealth government : in Australia, The Governor
Federal system: Which of the following statements is correct, Australia is a federal

system,with two legal systems foreach citizen.
Native Title: Native Title was first recognised in which of the following cases, Mabo v
State of Queensland (No 2) (1992) 175 CLR 1
Separation of powers: Which of the following statements about separation of powers in

Australia is correct, The executive is the body that administers the law .
The postal acceptance rule, can be impliedly excluded by offeror specifying actual
receipt of acceptance
to give evidence in response to that subpoena.
Law Reports: Where are decisions of the High Court of Australia found?: only online, In
the Commonwealth Law Reports
The Age of Majority Act 1977 (Vic) reduced the age for contractual capacity of a minor,
18
With respect to the contractual capacity of corporations, s 124 of the Corporations Act :
2001 (Cth) gives them, All the legal capacity of a natural person (together with some
additional powers that can : only be exercised by a corporation)
Delegated legislation: An example of delegated legislation is the, Corporations

Regulations 2001 (Cth)
In which of the following types of agreements is there a presumption that parties intend :
to be legally bound, Partnership Between Husband And Wife
The Executive Power : The Executive power is administered by, The Queen, the Prime
Minister and the Cabinet
Common law: Which one of the following statements about common law is correct,
Common law is judge made law
Public and private law: Which of the following is not classified as private law, Criminal
law
Criminal proceedings: An indictable offense is, A more serious criminal offense
A qualified acceptance may also be known as a/an, Counteroer
Court hierarchy: Local or Magistrates Courts, Are the lowest courts in the state
hierarchy
The legislature: Exclusive powers are those that, Can be exercised only by the
Commonwealth
Contracts voidable by a minor do not include, Those not binding unless ratified by
theminorduringtheirminority
Which of the following statements about contracts is true, It is a statutory requirement

throughout Australia that some contracts must be in writing : and others must be
evidenced in writing
In which of the following situations is the offer most likely not to have lapsed, Where
Wrench had an option to purchase land but,unknown to Wrench,the seller died : prior to
Wrench’s acceptance
Interpretation – extrinsic materials: In interpretation, extrinsic materials, Are required to

be referred to by acourt
Sources of law: Sources of law in Australia do not include Repealed statutes
Which of the following statements about acceptance is false, acceptance can be in any
manner chosen by the offeree
The main legal issue in Felthouse v Bindley (1862) 11CB (NS) 869 was, Generally
silence/lack of action does not constitute acceptance of an offer
Which of the following statements about the contractual obligations of government :

policy proposals is incorrect, Where the government makes a policy promise and a
citizen relies on it the court will : always regard that policy commitment as a binding
contractual obligation
to give evidence in response to that subpoena. Nothisisillegal
Which of the following is not true? A signature on a contract containing an exemption :

clause: Guarantees that an exemption clause will be active
Which of the following would not constitute the unfair practice of harassment or :
coercion under the Australian Consumer Law? Where there is a debt in connection with
the : possible of goods and the creditor, Tells the debtor, among repeated demands for
payment give the debtor discount for : early payment
When considering whether a contract is a standard form contract, the court does not :
have to consider, Whether one party's vicarious liability for its agents is limited
The definition of “consumer” is limited by what amount, recently increased to $100,000
When a contract is made orally, the question of what the express terms are, Is a
question of fact
Non Est Factum Means, It is not [my] deed
Tom agrees to fix Richie’s car for $1,000. Richie pays a deposit of $200 and Tom :
guarantees the job will be completed within two weeks. Before Tom commences the
repairs, : the car is stolen from Richie’s locked garage and destroyed by fire. Richie
demands the : return of his $200 deposit and Tom refuses to give it to him. Which of the
following is not : correct? Under the Australian Consumer Law and Fair Trading Act
2012(Vic),Tomis entitled to:retain the $200 deposit
SharmawassellinghissecondhandvacuumcleanertoNatashaandtold Natasha that it :
could “do all the rooms in the house ten times over without the filter needing to be :
changed”. Natasha spent a few weeks shopping for other vacuum cleaners but
eventually : returned and purchased Sharma’s, telling Sharma it was the cheapest she
had seen in two : weeks and she liked the colour. When Natasha took it home she soon
discovered that the : vacuum cleaner could only do one room at a time and then the
filter would need changing. : Natasha cannot rely on Sharma’s statement for breach of
contract because: Natasha did not attach any importance to the statement when it was
made
Whereacontracthasnotbeencompletedwithinthespecifiedtime, The innocent party will be

entitled to terminate the contract upon giving notice that time : is of the essence
In which case did the court recognise that damages for disappointment and distress :
could be available subject to certain limitations, Baltic Shipping Cov
Dillon(1993)176CLR344
Chris maintains that a document that he and Kathy have signed is a binding contract. :
Kathy maintains that it is merely a receipt and does not include all the terms of their :
agreement. Which of the following statements is correct, Parol evidence may be
admissible
That : the goods are acceptably, Fit for the consumer’s purpose
13. When it was said in Re Hall & Barker [1878] 9 Ch D 538, “if a shoemaker agrees to
make : a pair of shoes, he cannot oer you one shoe and ask you to pay one half the
price”, this is : referring to, The court’s tendency to regard contracts as entire
14. Which of the following statements about the parol evidence rule is true, It does not
apply where it can be shown that the written contract was not intended to : be a
complete record of the agreement
15. Which of the following is not a circumstance where the court would award specific :
performance, Where the contract would require constant supervision by the court
Angus was : not wearing a seatbelt. Which of the following is not correct, Damages can
not be apportioned for breach of contractual duty of care where there is : contributory
negligence
17. Which of the following is not correct? An action in restitution, Cannot be brought
where there is no contract between the parties
19. Is often brought where one party has been unjustly enriched at the expense of the
other, Cannot be brought where there is no contract between the parties
Which of the following is not true with respect to misleading or deceptive conduct, A
person acting as a ”mere conduit” in passing on representations may also be liable
Chris and Tama buy a noodle bar from Udon4U Pty Ltd. In the course of negotiations, :
Udon4U Pty Ltd’s agent, Nadia, misrepresents the turnover of the noodle bar, stating an
: amount that is double the actually turnover. Nadia herself received this information on :
turnover from Geo, a director of Udon4U Pty Ltd.: In making the misrepresentation,
what sections has Nadia likely contravened, As she merely passed on the information
with no intention procure a contravention : she probably will not be personally liable
20.Which of the following is not a type of termination, Where an event occurs that not
the fault of either party that causes a fundamental : change to the nature of the contract
and the parties obligations and although the contract : covers that eventuality, it would
cause hardship to one party to enforce it
21. Which of the following statements is correct, A contract may be illegal as performed
where only one party performs it in an illegal : manner
22. Compensatory damages are also known as, Actual /ordinary damages
23. In Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982)
149 CLR : 337, The High Court found that the contract was frustrated
24. Which of the following guarantees applies to a sale by auction, Guarantee As Title
25. Unliquidated damages are, Damages where the court is to determine the amount
26. In which one of the following cases was it held that for a loss in the contemplation of
the : parties to be recoverable it must be “a serious possibility”, “a real danger”, “liable to
result” : or “not unlikely” to occur, KoufosvCzarnikowLtd[1969]1AC350
28. Matt sells his car to Tabitha, who purchases it on the condition that she can
continue to: keep it in his garage at no cost for the next six months. Tabitha pays in full.
Two months: later, Matt tells Tabitha she will have to remove her car from his garage as
he has bought a: new car and wants to keep it in the garage. Which of the following
statements is correct, If Tabitha promises to remove her car,Matt will not be able to
enforce the promise: unless the promise is supported by consideration or made under
seal
24(1) : of the Australian Consumer Law? Where, The term is not transparent
the : top receive most of the benefits, pyramid selling
31. Janey takes her fur stole to the dry cleaner. When she returns to collect it, there is a
: black mark in the shape of an iron in the middle of her stole and it is ruined. The dry
cleaner : tells Janey that he is not liable for the damage to her fur stole as there was an
exemption : clause in their agreement. Which of the following is not correct, If the
exemption clause was merely contained within a notice on the wall,the dry : cleaner will
be liable for the damage
32. Criminal proceedings may be brought for, Unfair Practices

34. Which of the following is a circumstance where specific performance would be
ordered, Where the subject matter of the contract is an apartment in a complex of 20
apartments
35. The remedy of restitution is based on the concept of,

Unjust enrichment where the defendant is unjustly enriched at the plainti’s expense
36. Which of the following are not usually compensated for with payment of damages,
Injured feelings/disappointment
37. Which of the following is not usually recoverable by way of damages, Compensation
For Mere Inconvenience Or Disappointment
38. A party repudiates a contract when, They are no longer able or are unwilling to
39. Chung is looking to purchase a carwash business from Terry. Terry tells Chung that
she : serves 100-150 cars per day and that she has just concluded an agreement to
service the : fleet of cars of a local business. In reality, Terry has only served around 15
cars per day since : her customer service received a bad review in the local newspaper
and a competing carwash : business opened one street away. Terry intends for Chung
to buy her business based on : what she has stated. This is an example of, fraudulent
misrepresentation
40. Undue influence differs from duress in that, With undue influence, no unlawful act is
required
41. Which of the following constitutes referral selling, Jaz purchases a painting through
a new art gallery that has just opened in town. The : price is high and Jaz is at first
uncertain about the expense, but the art dealer promises Jaz a : commission on sales to
any of Jaz’s friends who she sends along to the gallery. Jaz has a lot : of art collector
friends so is sure that she will receive some commission from the gallery in : the near
future.
In Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107, It
was held that the subcontractor could get an indemnity even though the : subcontractor
had given no consideration under the contract
Jacq and Jack robbed the Commercial Bank. Jacq thinks that Jack was too aggressive :
with the tellers and the robbery could have gone very wrong. Jacq is now refusing to
give : Jack his share of the takings. Which of the following is correct, The contract
involved the commission of a crime and is therefore illegal and : unenforceable
44. If one party has completed its obligations under the contract, and the other has not,
The contract cannot be terminated by simple agreement without consideration
45. Ella contracted Anasaki to build a balcony for her house to certain specifications.
When : Anasaki had finished, Ella was shocked to see that the balcony was much
bigger than she : had specified. Ella refused to pay Anasaki. Which of the following is
incorrect, It would be unjust for Ella to have to pay any money for a balcony that was not
built to : her specifications under the contract
46. Which of the following is an element required for the doctrine of frustration to
operate, No fault on the part of either party
47. Which of the following is not correct with respect to the prohibition of
unconscionable : conduct within the meaning of the unwritten law, Unequal bargaining
power of itself is enough to constitute a special disadvantage
49. With respect to substantial performance and partial performance, Partial

performance is where a party voluntarily accepts less than full performance by : the
other party
50. How is the Australian Consumer Law structured into the Competition and Consumer
Act : 2010 (Cth), The Australian Consumer Law is Sch 2 to the Competition and
Consumer Act 2010 (Cth)
51. Century Dragon Pty Ltd is contracted to export 1000 beach balls to Minerva Beach
Surf : Club by 1 January, with payment due by 1 April. Which of the following is correct,
The time of delivery is likely to be considered an essential term .
52. Which of the following is not true? Economic duress, Was found in North Ocean
Shipping Co Ltd v Hyundai Construction Co Ltd [1979] 1 QB : 705 and the threatened
party was able to recover the payments made under duress
53. A term that is vital to a contract is known as, A condition
54. A party in breach of contract is liable to pay damages for, Losses occurring in the
usual course of things from the breach
55. Which of the following is NOT a method of termination, Rectification
56. Parol evidence may not be admitted in which of the following circumstances, To
contradict an unambiguous term
57. The test of whether a statement is a term or a representation is not dependent on

which : of the following, Whether the party making the statement believed in the truth of
the statement or not
58. Chung is looking to purchase a carwash business from Terry. Terry tells Chung that
misrepresentation
unjustly enriched if they were able to retain the benefit : without compensating the party
in breach for the “amount he deserves”
60.Cathy and Mel entered into a contract where Cathy was to steam clean seven rooms
in : Mel’s house at $200 per room. After cleaning three rooms, Cathy abandoned the job
for a : more valuable contract. Which of the following is true? If the contract is divisible,
Cathy is entitled to payment for the work she has done Courts are inclined to treat
contracts as indivisible and to require exact performance
61. Chang wants the court to imply an engineering custom into a term of a contract to
which : he is a party. The other party has no knowledge of this custom. It is not contrary
to any of : the express terms of the contract. The court, May imply the term
62. Jong complains that the barbecue he bought is not fit for purpose because the metal
in which : the guarantee as to fitness for purpose would apply, Where Jong made known

unconscionable : conduct in connection with goods or services?
Where the supplier makes a commercial decision to breach the contract knowing that :
the customer will seek a legal remedy for the breach
It is important to distinguish between representations and terms because, Damages can

only be awarded for fraudulent or negligent misrepresentation
Which of the following is not an enforcement measure under the Australian Consumer :
Law, A disclosure order issued by the ACCC
Which of the following is not an exception to privity, Employment
67. James is going through a diffcult time and does not feel he can confide in anyone. :
Eventually he confides in the priest of his church and asks for support. The priest
forcefully : tells James to turn over all of his money to the church or he will be struck
down by : lightening. The priest does not believe that James will be struck down. James
makes the : payments. Which of the following is most likely legal grounds for James to
avoid the : transaction, Undue influence
34 In which High Court decision was it said: “[T]here are two relevant circumstances in
which : a breach of contract by one party may entitle the other to terminate. The first is
where the : obligation [is] essential ... The second relevant circumstance is where there
has been a : suciently serious breach of a non-essential term ...we rest our decision in
the appeal not : upon the ground of breach of an essential obligation, but upon
application of the doctrine : respecting intermediate terms.”, Koompahtoo Local
Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR 115
Which of the following are sources of illegality, Statute and common law
What is the main dierence between the misleading or deceptive conduct provisions in :
the Trade Practices Act 1974 (Cth) and in the Australian Consumer Law, The Australian
Consumer Law refers to a person
37. Non est factum means, It is not [my] deed
38. With respect to consumer guarantees, which of the following is not correct, With
manufacturer may make representations to the consumer, but the consumer cannot :
39. Which of the following is not a type of contract illegal at common law on the grounds
of : public policy, Contracts to oust the jurisdiction of the courts
40. The term “transparency” in unfair contracts means, It is expressed in reasonably

plain language that is readily available to the aected party
41. Undue influence diers from duress in that, With undue influence, no unlawful act is
required
42. In Howe v Teefy (1927) 27 SR (NSW) 301 where a leased racehorse was retaken
three : months into a three-year lease, The fact that assessment was dicult did not
prevent a court from granting damages : where the plainti had been deprived of
something of value
intention is clear
44. Which of the following is not an equitable remedy, Exemplary damages

unconscionable : conduct in connection with goods or services, Where the supplier
makes a commercial decision to breach the contract knowing that : the customer will
seek a legal remedy for the breach
46. Consumer guarantees as to title are contained within, Sections 51- 56 and ss 60-61
of the Australian Consumer Law
illegal : set out in Yango Pastoral Co v First Chicago Australia Ltd (1978) 139 CLR 410?
The contract, May set out an unreasonable restraint
48. Which of the following is not correct with respect to the Australian Consumer Law,
Owing to the Commonwealth’s limited law making powers under s51 of the
:Constitution, it applies only to corporations
fraudulent : misrepresentation to succeed, The representation must be in writing (cannot
be verbal only)
50. Which of the following is not a way that a person seeking to rely on an exemption
clause : can show that the clause has become part of the contract, By showing it was
the contract
51. Ben planned the perfect surprise birthday party for his mother: He hired a hall, he
hired : a violinist and he organized catering. Two weeks prior to the event, the violinist
called to : cancel. Ben was so upset at the loss of what he thought would be the
highlight of the : evening that he called the whole event o. Ben lost both the deposit on
the hall and the : deposit for the catering. Which of the following is correct, Ben has a
duty to mitigate his losses
tells : Miranda that Flossy: : • Is the best little racehorse in Australia: • Has all the
registrations, licences and permits required to race in the current season but : that
Miranda should probably get this checked herself: These two statements are, Mere puff
& representation
Which of the following is not an unfair practice under the Australian Consumer Law,
Whereatelevisionadvertisementforachocolatebarshowsteddybearsworking the :
manufacturing lines

plain language that is readily available to the aected party
55. Can a person use a social position they hold for their financial advantage,No
because if a contract is involved, this could lead to the promoting of corruption in : public
life
56. Smithy Builders have a contract with Big Bank Pty Ltd which contains the following :
clause: “Where Smithy Builders fails to complete the contract by 7 December, it will pay
a : sum of $300,000 in full and final satisfaction of its liability.” Smithy Builders fails to
complete : by 7 December. If Smithy Builders wishes to avoid paying the sum of
$300,000, what must it : prove, That the clause is a penalty clause (to punish the
builders)
58. Which of the following is correct, It is prohibited to offer goods at a special price, not
have a sufficient amount of those : goods available and then attempt to upsell to
customers who are drawn to the shop for the : special price deal

exemption : clause, Guarantees that an exemption clause will be effective
Who/what are exempt from the provisions of s18 of the Australian Consumer Law,
Information Providers Such As Media Outlets
Which of the following is not a way to discharge a contract, Through breach
Which of the following statements about the parol evidence rule is true, It does not apply
where it can be shown that the written contract was not intended to : be a complete
record of the agreement
4, In Curtis v Chemical Cleaning & Dyeing Co Ltd [1951] 1 KB 805, The exemption
clause in the sales agreement for the dry cleaning was not suciently : explained to the
customer
5. Which of the following is not correct with respect to mitigation of lose, The burden of
proving that losses were mitigated falls upon the party claiming the : damages ie the
defendant
7. In the case of restraint of trade with respect to employment, The court does not easily
allow parties to contract out of their means of employment
8. Krell v Henry [1903] 2 KB 740 illustrated what point, That the parties are discharged if
an event occurs which forms the basis of the contract, : but which prevents performance
at no fault of either party
9. Contingent conditions include, Conditions Subsequent And Condition Precedent
10. .Which of the following is NOT a requirement for an assignment of a debt or other
chose : in action under various State statutes, Fourteen days’notice in writing is
provided to debtor;
13. Which of the following is not one of the special relationships in which the
onus of : proving that undue influence was not employed shifts to the denying Party,
Parent and child where the child is living independently
14. How may a court view substantial performance of a contract, The contract is
complete,but the uncomplete portion may be allowed for as a reduction : of the full
contract price
15. How is repudiation determined by the court, Objectively
To claim damages a causal link must be established between what two things, The
Defendants breach and the plaintiff's injury
The “neighbour principle” is often viewed as, At est the foreseeability of harm
In Tame v State of New South Wales (2002) 211 CLR 317 where Tame was given a
false : blood alcohol reading, Part of the test of reasonable foreseeability is a question
of fact
Which of the following is not correct, In The Wagon Mound No1 and The Wagon Mound
No2,where there was an: unfortunate combination of an oil spill, welding sparks and
floating cotton waste, the loss : was found to be not reasonably foreseeable in the
circumstances
Why was the plainti successful in Overseas Tankship (UK) Ltd v Miller Steamship Co
Pty : Ltd (The Wagon Mound No 2) [1967] AC 617 (PC) when another plainti failed in
the earlier : related Wagon Mound case, In the first case, the plaintiff failed to show that
a reasonable man would have foreseen : the risk of damage from the oil spill
Nicola drives the forklift at her place of work, Rooze’s Roofing. Nicola always leaves the
: forklift in a certain place where she has been told to leave it, with the forks up o the :
ground. One afternoon a customer who is collecting goods from the workshop reverses
his : car into the forks on the forklift. He is injured and his car is damaged.: What is the
principle that would make Nicola’s employer liable for her actions, Vicarious Liability
Where a person gives advice, that advice is relied upon and the advice is incorrect, the :
person giving the advice may be liable in negligence. Which of the following is incorrect,
The duty of care only arises where the “special relationship” involves a person seeking :
advice from the advice-giver, not where the advice was given unrequested and merely :
accepted
In Australian Safeway Stores v Zaluzna (1987) 162 CLR 479, There Respondent was a
lawful entrant uponthelandoftherespondent, establishing a : relationship between them
and there was therefore a duty of care owed by the appellant to : avoid a foreseeable
risk of injury
Which of the following is not correct? The reform to the law of negligence that took:
place in Australia in the early 2000s, Does not apply to claims in contract law
Which of the following is not a provision of the Wrongs Act 1958 (Vic) relating to:
considers that opinion : irrational
No2, where there was an: unfortunate combination of an oil spill, welding sparks and
floating cotton waste, the loss :was found to be not reasonably foreseeable in the
circumstances
Which statements is incorrect, More complex business organizations are unsuitable for
larger businesses
Which statement regarding dissolution of a partnership is incorrect, After payment of the

firm's liabilities,partners do not have the right to have surplus assets : applied in
payment of what may be due to the partners respectively
Find one incorrect statement, A creditor can enforce liability against an incoming partner
whether or not he/she is a party to : the contract
The incorrect statement, If the giving of investment advice is within the scope of the
firm’s business then all partners : are jointly and severally liable for advice which is not
in a client’s best interests
Which of the below statements is incorrect, a written and signed notice of a partner’s
intention to dissolve the partnership is required, : where no fixed term has been agreed
upon for the duration of the partnership
Which legislation controls the actual registration of the firm name, Business Names
Which of the following statements regarding partnerships is incorrect, Each partner

Which of the following statements regarding dissolution of partnership is incorrect, A

Which is incorrect statement, If a member of a firm of solicitors acting for a vendor in a
sale absconds with the deposit, : his/her partners are not liable to refund the money
Which of the following statements is not correct, incorporated limited partnerships have
been introduced in all Australian States and Territories
What constitutes an exception to the usual number of a partnership being 20 partners,

The Corporations Regulations 2001 (Cth) provide greater numbers in certain specified :
professions
Which statement regarding an outsize partnership is incorrect, its partnership

Which finding is correct?: In Popat v Schonchhatra (1997) 3 All ER 800, the Court
decided, Popat was entitled to half the profits on the sale of the business and to a share
of the profits : that had accrued after the dissolution of the partnership, but before the
final settlement of : accounts
Which of the below does not apply to the Partnership Act, a partnership must be in
writing
Which of the following statements regarding the written law is incorrect, The
Which court finding is incorrect, In Mercantile Credit Co Ltd v Garrod [1962] 3 All ER
1103, damages were not recovered even : though, from the plainti’s perspective, the
sale of the car was within the usual course of : business.
Cribb v Korn (1911) 12 CLR 205 established, The sharing of joint returns does not in
itself create a partnership
The incorrect statement is A partner cannot pledge/sell partnership

property,incurandpaydebtson partnership : accounts or hire employees
Which is incorrect statements regarding limited partnerships, A limited partner does not
have the right to inspect the books of the firm
Regarding partnerships, which of the following statements is incorrect, Partnerships are
created with a view to profit, so partners must make a profit:b A partner does not have
to have a direct claim to a share of the profits
Which of the below statement is incorrect, Partnership property is liable to be seized for
the private (personal) debtof a partner and : made liable on a judgment against the
partnership

The Corporations Regulations 2001 (Cth) provide greater numbers in certain specified :
professions
Which statement is incorrect partnership may be formed in order to undertake a single

business transaction
Find incorrect statement A partnership cannot be dissolved because the business is

carried on at a loss
Which below is incorrect? A firm is not bound by the acts of a partner if, the person with
whom the partner is dealing knows or believes him/her to be a partner
Legislation in Victoria: What Act regulates partnerships in Victoria, Partnership Act 1958
(Vic)
Which statements below are incorrect, In a partnership, partners have limited liability for
the business debts
Which of the below statement is incorrect, partnership property is liable to be seized for
the private (personal) debt of a partner and : made liable on a judgment against the
partnership
Which of the following statements regarding limited partners is incorrect, If a limited

Which legislation regulates partnerships in NSW, Partnership Act 1892 (NSW)*

Which is incorrect statement, If a member of a firm of solicitors acting for avendor in a
Find a statement that is incorrect, A wrongful act/omission includes breach of contract

of fiduciary duty, negligent : misrepresentation and misleading or deceptive conduct
Which statement regarding partnership is incorrect, Partnerships do not avoid taking on

the formality and expense of an incorporated company
Which statement regarding persons of unsound mind and minors is incorrect, if a

partner who is a minor enters into a contract with third party on behalf of the firm, the :
minor is liable as far as private assets are concerned

The Corporations Regulations 2001(Cth) provide greater numbers in certain specified :
professions
Which court decision regarding fiduciary duties is incorrect? In Harvey v Harvey (1970)
120CLR529, the Court Held That If Partner Receives an additional : annual fee to be
“on call” for that client, the fee belongs to the partnership.
How would a partner pledge the firm’s credit, Only for a purpose directly connected to
the firm’s business but must have express authority : to do so
Which statements is not correct, a partnership agreement must be in writing; it cannot

be reached orally or by course of : conduct
Which of the statements below is incorrect, A partner’s express authority must be in

writing

partner hassueredhis/hershare of the partnership property be charged for a : separate
debt, the other partners are entitled to dissolve the partnership
Which of the following is NOT a ground for termination of a partnership, Partner leaves
the jurisdiction
Which of the below statements is incorrect, Partnership property is liable to be seized
for the private (personal) debtof a partner and : made liable on a judgment against the
partnership
Incorrect statement is, The Owners Of A Corporation Have Unlimited Liability
Reporting obligations: What is a binding precedent, A decision of a court that binds

judges in a lower court in the same court hierarchy
Peter verbally offers Tara his car for $5000. Tara refuses saying it’s not worth that, but :
she will pay $4000. What is the status of Peter’s first offer, It has lapsed because of
Tara’s counteroffer
What was one of the “practical benefits” received by Roffey in Williams v Roffey Bros &:
Nicholls (Contractors) Ltd [1990] 1 All ER 512, Roffey did not need to find another
subcontractor

Substantive and procedural law: Substantive law, Refers to actual rights under the law
Wrench had an option to purchase land but, unknown to Wrench, the seller died : prior
to Wrench’s acceptance
Reception of English law in Australia: Which Latin phrase explained the rationale for
applying English laws to the new Colony of : New South Wales, actus reus terra nullius
ratio decidendi prima facie
Andy promises Ellie $100 on her 21st birthday. If this promise was contained in a simple
: contract, the legal position is that such a promise is, Never binding as it must have
consideration supplied by Ellie
In Elizabeth City Center Pty Ltd v Corralyn Pty Ltd (1995) 63 SASR 235, the option to :
exercise renewal of the lease, Negated the postal rule because the notification was not
sent by certified mail as : required
Interpretation – extrinsic materials: In interpretation, extrinsic materials, Are required to

be referred to by a court
With respect to revocation, which of the following statements is not correct, The offeror
must personally communicate the revocation to the offeree
Which of the following circumstances are likely to affect the consent of one or both :
parties to a contract, a&b
Simon and Stella, both of full legal capacity, agree to go on a date. Stella is to pay for
the : dinner, but she is running late and does not meet Simon at all. Simon is
embarrassed and : angry and calls Stella the next day to threaten to sue her for his taxi
fares and dinner : expenses. Will Simon succeed in his claims, No, because Simon and
Stella did not intend the agreement to create legally enforceable : obligations
Royal Assent: Who or what gives Royal Assent to an Act of the Commonwealth
Parliament, The Governor-General on the Queen’s behalf
In Crown Melbourne Ltd v Cosmopolitan Hotel (Vic) Pty Ltd [2016] HCA 26 why did the :
High Court disagree with the decision of the Victorian Court of Appeal in finding there
was : no case for promissory estoppel, The plaintiff could not establish that the
statement that it would be “looked after at : renewal time” was capable of conveying to a
reasonable person that it was a genuine offer : of a further lease & There was a need
for certainty as to what the parties had agreed on at the end of the : negotiations to
found a claim for estoppel
Which of the following is not a way in which an offer can be terminated, Revocation after
acceptance has been mailed where the postal rule applies
Farah agreed to take care of an elderly woman Marge and in return was provided with a
: house to live in that was promised by Marge to be Farah’s after she died. Farah cared
for the : woman for 23 years, but upon Marge’s death Farah discovered that their oral
agreement : was never put into writing. The woman’s son moved into the house and
Farah made a claim : to the house. The court, Is likely to apply the doctrine of part
performance
Which of the following is most likely to be considered an offer, “I’ll pay you $3,000 if you
complete a total rewrite of chapters 12 and 15 of this : textbook.”
Australian Constitution : Which Act established the federal legal and political system
and converted the separate : colonies into states, Commonwealth of Australia
Constitution Act 1900
Contracts voidable by a minor do not include, Those not binding unless ratified by the
Which of the following is not a class of persons regarded by the law as wholly or partly:
Criminal offences: Which of the following is incorrect with respect to criminal offences, A
committal hearing is held before most summary offence matters
Federal system: Which of the following statements is correct, Australia is a federal

system,with two legal systems foreach citizen.
Native Title: Native Title was first recognised in which of the following cases, Mabo v
State of Queensland (No 2) (1992) 175 CLR 1

Australia is correct, The executive is the body that administers the law.
The postal acceptance rule, Can be impliedly excluded by offeror specifying actual
receipt of acceptance
to give evidence in response to that subpoena.
Law Reports: Where are decisions of the High Court of Australia found?: only online, he
Commonwealth Law Reports
The Age of Majority Act 1977 (Vic) reduced the age for contractual capacity of a minor,
18
Delegated legislation: An example of delegated legislation is the, Partnership Act 1958

(Vic)
The Executive Power : The Executive power is administered by, The Queen, the Prime
Minister and the Cabinet
Delegated legislation: Which of the following is not correct?: Delegated legislation, Can
only be made by Government Ministers
Common law: Which one of the following statements about common law is correct,
Common law is judge made law
that : there was no intention to create a legally binding contract, The verbal language of
the agreement greatly lacked detail from either party and did not : indicate definite
obligations
law
Criminal proceedings: An indictable offense is, A more serious criminal offence
A qualified acceptance may also be known as a/an Counteroffer

Court hierarchy: Local or Magistrates Courts, Are the lowest courts in the state
hierarchy
Commonwealth
Contracts voidable by a minor do not include, Those not binding unless ratified by the
Which of the following statements about contracts is true, It is a statutory requirement

throughout Australia that some contracts must be in writing : and others must be
evidenced in writing
Wrench had an option to purchase land but,unknown to Wrench,the seller died : prior to
Wrench’s acceptance
Interpretation – extrinsic materials: In interpretation, extrinsic materials, Are allowed to

be referred to by acourt
Sources of law: Sources of law in Australia do not include, Repealed statutes
law
Which of the following statements about acceptance is false, Acceptance can be in any
manner chosen by the offeree
The main legal issue in Felthouse v Bindley (1862) 11CB (NS) 869 was: generally
silence/ lack of action does not constitute acceptance of an offer

to give evidence in response to that subpoena. Nothisisillegal
Australia is correct, The executive is the body that administers the law.
Which of the following is not true? A signature on a contract containing an exemption :

clause, Guarantees that an exemption clause will be effective
2. Which of the following would not constitute the unfair practice of harassment or :
coercion under the Australian Consumer Law? Where there is a debt in connection with
the : possible of goods and the creditor, Tells the debtor, among repeated demands for
payment give the debtor a discount for : early payment
3. When considering whether a contract is a standard form contract, the court does not :
have to consider, Whether one party’s vicarious liability for its agents is limited
4. Non est factum means: It is not [my] deed
5. Tom agrees to fix Richie’s car for $1,000. Richie pays a deposit of $200 and Tom :
guarantees the job will be completed within two weeks. Before Tom commences the
repairs, : the car is stolen from Richie’s locked garage and destroyed by fire. Richie
demands the : return of his $200 deposit and Tom refuses to give it to him. Which of the
following is not : correct, Under the Australian Consumer Law and Fair Trading Act 2012
(Vic), Tom is entitled to:retain the $200 deposit
6. Which of the following is not correct? An action in restitution, Cannot be brought

where there is no contract between the parties
Chris and Tama buy a noodle bar from Udon4U Pty Ltd. In the course of negotiations, :
Udon4U Pty Ltd’s agent, Nadia, misrepresents the turnover of the noodle bar, stating an
: amount that is double the actually turnover. Nadia herself received this information on :
turnover from Geoff, a director of Udon4U Pty Ltd.: In making the misrepresentation,
what sections has Nadia likely contravened, As she merely passed on the information
with no intention to procure a contravention : she probably will not be personally liable
8. Which of the following is not one of the three elements of an unfair term under s 24(1)
: of the Australian Consumer Law? Where, The term is not transparent
9. Which unfair practice involves participation in a trading scheme where persons at the
: top receive most of the benefits, pyramid selling
10.Janey takes her fur stole to the dry cleaner. When she returns to collect it, there is a :
black mark in the shape of an iron in the middle of her stole and it is ruined. The dry
cleaner : tells Janey that he is not liable for the damage to her fur stole as there was an
exemption : clause in their agreement. Which of the following is not correct, In order for
the exemption clause to be effective where it was not in a signed document, : it had to
have been brought to Janey’s attention
11. Which of the following statements is correct, An exemption clause is a term that
excludes or limits the liability of one or more parties
12.Which of the following is not usually recoverable by way of damages, Compensation

for mere inconvenience or disappointment
14.Chung is looking to purchase a carwash business from Terry. Terry tells Chung that
misrepresentation
15.Undue influence differs from duress in that, with undue influence, no unlawful act is
required
16.Which of the following constitutes referral selling, Jaz purchases a painting through a
new art gallery that has just opened in town. The : price is high and Jaz is at first
uncertain about the expense, but the art dealer promises Jaz a : commission on sales to
any of Jaz’s friends who she sends along to the gallery. Jaz has a lot : of art collector
friends so is sure that she will receive some commission from the gallery in : the near
future.
17.In Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107, it
was held that the subcontractor could get an indemnity even though the : subcontractor
had given no consideration under the contract
18.Jacq and Jack robbed the Commercial Bank. Jacq thinks that Jack was too
aggressive : with the tellers and the robbery could have gone very wrong. Jacq is now
refusing to give : Jack his share of the takings. Which of the following is correct, The
contract involved the commission of a crime and is therefore illegal and : unenforceable
19.If one party has completed its obligations under the contract, and the other has not,
the contract cannot be terminated by simple agreement without consideration
20. Ella contracted Anasaki to build a balcony for her house to certain specifications.
When : Anasaki had finished, Ella was shocked to see that the balcony was much
bigger than she : had specified. Ella refused to pay Anasaki. Which of the following is
incorrect, It would be unjust for Ella to have to pay any money for a balcony that was not
built to : her specifications under the contract
21.Which of the following is an element required for the doctrine of frustration to

operate, no fault on the part of either party
22.Which of the following is not correct with respect to the prohibition of unconscionable
: conduct within the meaning of the unwritten law, Unequal bargaining power of itself is
enough to constitute a special disadvantage
23.In Jarvis v Swans Tours Ltd [1973] QB 233, where Jarvis was disappointed by,
24.Chung is looking to purchase a carwash business from Terry. Terry tells Chung that
misrepresentation
25.What does the concept “quantum meruit” mean, The innocent party would be
26.Cathy and Mel entered into a contract where Cathy was to steam clean seven rooms
in : Mel’s house at $200 per room. After cleaning three rooms, Cathy abandoned the job
for a : more valuable contract. Which of the following is true, If the contract is divisible,
Cathy is entitled to payment for the work she has done
27.Chang wants the court to imply an engineering custom into a term of a contract to
which : he is a party. The other party has no knowledge of this custom. It is not contrary
to any of : the express terms of the contract. The court, May imply the term
28.Jong complains that the barbecue he bought is not fit for purpose because the metal
in which : the guarantee as to fitness for purpose would apply Where Jong made known
29.Which of the following matters is least likely to contribute to a finding of

unconscionable : conduct in connection with goods or services, where the supplier
30.It is important to distinguish between representations and terms because, damages

can only be awarded for fraudulent or negligent misrepresentation
31. Which of the following is not an enforcement measure under the Australian
Consumer : Law, A disclosure order issued by the ACCC
32.Which of the following is not an exception to privity, Employment
33. James is going through a difficult time and does not feel he can confide in anyone. :
Eventually he confides in the priest of his church and asks for support. The priest
forcefully : tells James to turn over all of his money to the church or he will be struck
down by : lightening. The priest does not believe that James will be struck down. James
makes the : payments. Which of the following is most likely legal grounds for James to
avoid the : transaction, Undue influence
34 In which High Court decision was it said: “[T]here are two relevant circumstances in
which : a breach of contract by one party may entitle the other to terminate. The first is
where the : obligation [is] essential ... The second relevant circumstance is where there
has been a : sufficiently serious breach of a non-essential term ...we rest our decision in
the appeal not : upon the ground of breach of an essential obligation, but upon
application of the doctrine : respecting intermediate terms, Koompahtoo Local
Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR 115
35. Which of the following are sources of illegality, statute and common law
36. What is the main difference between the misleading or deceptive conduct provisions
in : the Trade Practices Act 1974 (Cth) and in the Australian Consumer Law, the
Australian Consumer Law refers to a person
37. Non est factum means, It is not [my] deed
38. With respect to consumer guarantees, which of the following is not correct, With
manufacturer may make representations to the consumer, but the consumer cannot :
39. Which of the following is not a type of contract illegal at common law on the grounds
of : public policy, champertous contracts
40. The term “transparency” in unfair contracts means:
It is expressed in reasonably plain language that is readily available to the affected party
41. Undue influence differs from duress in that, With undue influence, no unlawful act is
required
42. In Howe v Teefy (1927) 27 SR (NSW) 301 where a leased racehorse was retaken
three : months into a three-year lease, the fact that assessment was difficult did not
prevent a court from granting damages : where the plaintiff had been deprived of
something of value
intention is clear
44. Which of the following is not an equitable remedy, Exemplary damages

unconscionable : conduct in connection with goods or services, Where the supplier
46. Consumer guarantees as to title are contained within, Sections 51-56 and ss60-61of
the Australian Consumer Law
illegal : set out in Yango Pastoral Co v First Chicago Australia Ltd (1978) 139 CLR 410?
The contract, may set out an unreasonable restraint
48. Which of the following is not correct with respect to the Australian Consumer Law,
Owing to the Common Limited Lawmaking Powers Under S51of the :Constitution, it
applies only to corporations
fraudulent : misrepresentation to succeed, The representation must be in writing (cannot
be verbal only)
50. Which of the following is not a way that a person seeking to rely on an exemption
clause : can show that the clause has become part of the contract, by showing it was
the contract
51. Ben planned the perfect surprise birthday party for his mother: He hired a hall, he
hired : a violinist and he organised catering. Two weeks prior to the event, the violinist
called to : cancel. Ben was so upset at the loss of what he thought would be the
highlight of the : evening that he called the whole event off. Ben lost both the deposit on
the hall and the : deposit for the catering. Which of the following is correct, Ben has a
duty to mitigate his losses
tells : Miranda that Flossy: : • Is the best little racehorse in Australia: • Has all the
registrations, licences and permits required to race in the current season but : that
Miranda should probably get this checked herself: These two statements are, mere puff
& representation
53. What does the concept “quantum meruit” mean, the innocent party would be
in breach for the “amount he deserves” Voluntarily accepting a contractual benefit

plain language that is readily available to the affected party
55. Can a person use an official position they hold for their financial advantage, No
because if a contract is involved, this could lead to the promoting of corruption in : public
life
56. Smithy Builders have a contract with Big Bank Pty Ltd which contains the following :
clause: “Where Smithy Builders fails to complete the contract by 7 December, it will pay
a : sum of $300,000 in full and final satisfaction of its liability.” Smithy Builders fails to
complete : by 7 December. If Smithy Builders wishes to avoid paying the sum of
$300,000, what must it : prove, That the clause is a penalty clause (to punish the
builders)
57. Which of the following is not correct? An action in restitution, Can not be brought
where there is no contract between parties
58. Which of the following is correct, it is prohibited to offer goods at a special price, not
have a sufficient amount of those : goods available and then attempt to upsell to
customers who are drawn to the shop for the : special price deal

exemption : clause, Guarantees that an exemption clause will be effective
The “neighbour principle” is often viewed as, a test of the foreseeability of harm
fact
Which of the following is not correct, In The Wagon Mound No 1 and The Wagon Mound
No 2, where there was an :
unfortunate combination of an oil spill, welding sparks and floating cotton waste,
the loss : was found to be not reasonably foreseeable in the circumstances

professional liability, the court must rely on peer professional opinion even where it
Why was the plaintiff successful in Overseas Tankship (UK) Ltd v Miller Steamship Co
Pty : Ltd (The Wagon Mound No 2) [1967] AC 617 (PC) when another plaintiff failed in
the earlier : related Wagon Mound case, in the first case, the plaintiffs failed to show that
: forklift in a certain place where she has been told to leave it, with the forks up off the :
principle that would make Nicola’s employer liable for her actions, Vicarious liability
the duty of care only arises where the “special relationship” involves a person seeking :
accepted
Which of the following is not correct? The reform to the law of negligence that took :
place in Australia in the early 2000s, Does not apply to claims in contract law
In Australian Safeway Stores v Zaluzna (1987) 162 CLR 479, The respondent was a
lawful entrant upon the land of the respondent, establishing a : relationship between
them and there was therefore a duty of care owed by the appellant to : avoid a
foreseeable risk of injury
The duty of care only arises where the “special relationship” involves a person seeking :
accepted
place in Australia in the early 2000s, Does Not Apply To Claims In Contract Law
professional liability? The court must rely on peer professional opinion even where it
defendants breach and the plaintiff's injury
circumstances
The “neighbour principle” is often viewed as, A Test Of The Foreseeability Of Harm
the earlier : related Wagon Mound case, In the first case the plaintiffs failed to show that
false : blood alcohol reading, Part of the test of reasonable foreseeability ability is a
question of fact
The “neighbour principle” is often viewed as, At est of the foreseeability of harm
Which of the following is not correct, In The Wagon Mound No 1 and The Wagon Mound No
2, where there was an : unfortunate combination of an oil spill, welding sparks and floating
cotton waste, the loss : was found to be not reasonably foreseeable in the circumstances
The duty of care only arises where the“special relationship”involves person seeking :
accepted
defendant's breach and the plaintiff’s injury
fact
place in Australia in the early 2000s, does not apply to claims in contract law
the earlier : related Wagon Mound case, in the first case the plaintiffs failed to show that
The “neighbour principle” is often viewed as, A test of the foreseeability of harm
No2,where there was an:unfortunate combination of an oil spill, welding sparks and
circumstances
In Australian Safeway Stores v Zaluzna (1987) 162 CLR 479, the respondent was a
To claim damages a causal link must be established between what two things, the
false : blood alcohol reading, Part of the test of reasonable foreseeability is a question
of fact
the duty of care only arises where the “special relationship” involves a person seeking :
accepted The Advice-giver doesn't need to breathe business giving advice
Which legislation controls the actual registration of the firm name, Business Names
Which of the following statements regarding partnerships is incorrect, each partner must
take an active part in the direction and management of the firm
Which of the following statements regarding dissolution of partnership is incorrect, A


been introduced in all Australian States and Territories

the Corporations Regulations 2001 (Cth) provide greater numbers in certain specified :
professions

Which finding is correct?: In Popat v Shonchhatra (1997) 3 All ER 800, the Court
decided, Popat was entitled to half the profits on the sale of the business and to a share
of the profits : that had accrued after the dissolution of the partnership, but before the
final settlement of : accounts.
Which of the following statements is incorrect, a partnership must be in writing

Which of the below does not apply to the Partnership Act, The partnership under the Act
must be registered with ASIC
Which of the following statements regarding the written law is incorrect, the
Which court finding is incorrect, in Mercantile Credit Co Ltd v Garrod [1962] 3 All ER
1103, damages were not recovered even : though, from the plaintiff’s perspective, the
Cribb v Korn (1911) 12 CLR 205 established, The sharing of joint returns does not in
itself create partnership
The incorrect statement is, A partner cannot Pledge/sell partnership property, incurand
pay debt son partnership : accounts or hire employees
Regarding partnerships, which of the following statements is incorrect, Partnerships

Created With a view to profit, so partners must make a profit:b A partner does not have
to have a direct claim to a share of the profits
been introduced in al lAustralian States and Territories
Which of the below statement is incorrect, partnership property is liable to be seized for
partnership
The Corporations Regulations 2001(Cth)provide greater numbers in certain specified :
professions
Which of the following statements regarding partnerships is incorrect, Each partner


Which statement is incorrect, partnership may be formed in order to undertake a single

Which court finding is incorrect, In Mercantile Credit CoLtd v Garrod[1962]3 AllER1103,

damages were not recovered even : though, from the plaintiff’s perspective, the sale of
the car was within the usual course of : business.
Find incorrect statement, A partnership cannot be dissolved because the business is

whom the partner is dealing knows or believes him/her to be a partner
Find one incorrect statement, a creditor can enforce liability against an incoming partner
Legislation in Victoria: What Act regulates partnerships in Victoria, partnership Act 1958
(Vic)

Which court finding is incorrect, in Mercantile Credit Co Ltd v Garrod [1962] 3 All ER
1103, damages were not recovered even : though, from the plaintiff’s perspective, the
partner who is a minor enters into a contract with a third party on behalf of the firm, the :
Which statements below are incorrect, In a partnership, partners have limited liability for
the business debts
Which statement is incorrect, partnership may be formed in order to undertake a single

Which statement regarding dissolution of a partnership is incorrect, After payment of the

firm’s liabilities, partners do not have the right to have surplus assets : applied in
payment of what may be due to the partners respectively
Which of the below statement is incorrect, Partnership property is liable to be seized for
partnership
Which court decision regarding fiduciary duties is incorrect, in Harvey v Harvey (1970)
120 CLR 529, the Court held that if a partner receives an additional : annual fee to be
“on call” for that client, the fee belongs to the partnership.

Which legislation regulates partnerships in NSW, partnership Act 1892 (NSW)*
Find incorrect statement, a partnership cannot be dissolved because the business is

Sources of law: Sources of law in Australia do not include, Repealed Statutes
Common law: Which one of the following statements about common law is, Common
law is judge made law
The High Court’s decision in Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR
387, Extended the doctrine of equitable estoppel such that it applies even where there
is no : pre-existing contractual relationship between the parties
that : there was no intention to create a legally binding contract, The verbal language of
the agreement greatly lacked detail from either party and did not : indicate definite
obligations
Which of the following statements about bilateral and unilateral contracts is not correct,
A unilateral contract does not require consideration but simply promise to perform an :
act is sufficient
Which of the following is not a class of persons regarded by the law as wholly or partly :
Commonwealth
Why are illusory terms in a contract problematic, they are vague or ambiguous so they
fail to create legal obligation
Delegated legislation: Which of the following is not correct?: Delegated Legislation, Can
only be made Government Ministers
Native Title: Native Title was first recognised in which of the following cases, Mabob
State of Queensland(No2)(1992)175CLR1
him : $2000 to give evidence. Would Jack recover that money, No-Jack’s public duty is
to give evidence in response to that subpoena
Business law: Which of the following no longer regulates business or commercial law,
Trade Practices Act1974(Cth)
The main legal issue in Felthouse v Bindley (1862) 11CB (NS) 869 was, generally
silence/lack of action does not constitute acceptance of an offer
Who/what are exempt from the provisions of s18 of the Australian Consumer Law,
Information providers such as media outlets
Which of the following is not a way to discharge a contract, Through Breach

Which of the following statements about the parol evidence rule is true, It does not apply
where it can be shown that the written contract was not intended to : be a complete
record of the agreement
In Curtis v Chemical Cleaning & Dyeing Co Ltd [1951] 1 KB 805, The exemption clause
in the sales agreement for the dry cleaning wasn't sufficiently : explained to the
customer
Which of the following is not correct with respect to mitigation of loss, The burden of
proving that losses were mitigated falls upon the party claim in the: damages ie the
defendant
6. Which of the following is not correct with respect to termination by subsequent :

agreement, A Subsequent simple contract can cancel a contract where party completed
their : obligations and the other has not
7. In the case of restraint of trade with respect to employment, the court does not easily
allow parties to contract out of their mean of employment
8. Krell v Henry [1903] 2 KB 740 illustrated what point, That the parties are discharged if
an event occurs which forms the basis of the contract, : but which prevents performance
at no fault of either party
9. Contingent conditions include, Conditions subsequent and condition precedent
Angus was : not wearing a seatbelt. Which of the following is not correct, Damages
cannot be apportioned for breach of contractual duty of care where there is :
contributory negligence
11.Which of the following is NOT a requirement for an assignment of a debt or other

chose : in action under various State statutes, fourteen Days Notice In Writing Is
Provided To Debtor;
Which of the following is not one of the special relationships in which the
Onus of : proving that undue influence was not employed shifts to the denying Party,
Paren and child where the child is living independently
14. How may a court view substantial performance of a contract, The contract is
complete,but the uncomplete portion may be allowed forasa reduction : of the full
contract price
How is repudiation determined by the court, Objectively
defendant's breach and the plaintiff's injury
circumstances
the earlier : related Wagon Mound case, In the first case, the plaintiffs failed to show
that a reasonable man would have foreseen : the risk of damage from the oil spill
the duty of care only arises Where The“special relationship”involves person seeking :
accepted
The “neighbour principle” is often viewed as, A Test Of The Foreseeability Of Harm
fact
lawful entrant upon the land of the respondent,establishing a : relationship between
Which is incorrect statement, If a member of a firm of solicitors acting for avendor in a

Find incorrect statement, Partnerships can be dissolved because of mutual

incompatibility, making it impossible for partners : to carry on a business
Find a statement that is incorrect, a wrongful act/omission includes breach of contractor

of fiduciary duty,negligent: misrepresentation and misleading or deceptive conduct
Which statement regarding partnership is incorrect, A partnerships (or firm) is a way of

gathering resources or expertise for major projects
Which of the following statements regarding the written law is incorrect, The
Corporations Regulations 2001(Cth),reg2A.1.01 does not set maximum of partners for :
architects and accountants

partner who is aminorenters in to a contract with a third party on behalf of the firm, the :
Which of the following statements is not correct, Incorporated limited partnerships have
been introduced in Australia States and Territories
Which finding is correct?: In Popat v Shonchhatra (1997) 3 All ER 800, the Court
decided, popat was entitled to half the profits on the sale of the business and share of
the profits : that had accrued after the dissolution of the partnership, but
before the final settlement of : accounts.

The Corporations Regulations 2001(Cth) provide greater numbers in certain specified :
professions
Which court decision regarding fiduciary duties is incorrect, In Harvey v Harvey (1970)
120CLR529, the Court Held That If Partner receives an additional : annual fee to be “on
call” for that client, the fee belongs to the partnership.
whom partner is dealing knows that/she has exceeded his/her authority
How would a partner pledge the firm’s credit, Only for a purpose directly connected to
the firm’s business but must have express authority : to do so
Which statements is not correct, a partnership agreement must be in writing; it can not
be reached or all yorba course of : conduct
Which of the statements below is incorrect, a partner’s express authority must be in

writing

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CHAPTER 1-4:

2. Constitution: Which of the following statements about constitutions in Australia is

3. Extrinsic Materials: Which of the following is NOT an example of an extrinsic

6. Interpretation – extrinsic materials: In interpretation, extrinsic materials, are

7. Which of the following statements about acceptance is false, acceptance can be

8. Which of the following statements about consideration is correct, consideration

9. Delegated legislation: Which of the following is not correct: Delegated legislation,

15. Changing the Constitution: Section 128 of the Commonwealth Constitution

17. Equitable remedies: Which of the following is INCORRECT?: Equitable

24. Delegated legislation: An example of delegated legislation is the, corporations

26. With respect to the contractual capacity of corporations, s 124 of the

2. Which of the following is NOT a way to discharge a contract, through breach

3. Which of the following is NOT CORRECT with respect to misleading conduct

5. Which of the following is NOT a remedy for unconscionable conduct, A criminal

6. Which unfair practice involves participation in a trading scheme where persons at

16. How is repudiation determined by the court, Objectively

26. A term that is vital to a contract is known as, A condition

31. The definition of “consumer” is limited by what amount, Recently increased to

2. Which of the below statement is incorrect, Partnership property is liable to be

3. Which statement regarding an outsize partnership is incorrect, Its partnership

4. Which statement regarding persons of unsound mind and minors is

6. Regarding partnerships, which of the following statements is INCORRECT,

7. Which court finding is INCORRECT?

9. Incorrect statement is, The owners of a corporation have unlimited liability

12. Which of the following statements is incorrect, A partnership must be in writing

19. What constitutes an exception to the usual number of a partnership being 20

26. Which is INCORRECT statement regarding limited partnerships, A limited partner

27. Which of the following statements regarding dissolution of partnership is incorrect, A

30. Which statement regarding partnership is incorrect, Partnerships do not avoid

15. Compensatory damages are also known as, Actual/ordinary damages

25. Which of the following statement is incorrect, a partnership must be in writing

27. Which of the following statements is incorrect, incorporated limited partnerships

29. Which of the following statements is incorrect, a partnership agreement must be in

4. Extrinsic Materials: Which of the following is NOT an example of an extrinsic

6. Which of the following statements about consideration is correct, Consideration

9. Delegated legislation: Which of the following is not correct? Delegated legislation,

16. Changing the Constitution: Section 128 of the Commonwealth Constitution

19. Reporting obligations: What is a binding precedent, A decision of a court that

29. Separation of powers: Which of the following statements about separation of

37. Delegated legislation: An example of delegated legislation is, the Corporations

51. Interpretation: Which of the following is not correct? With respect to

53. Which of the following statements about the contractual obligations of

54. Constitution: Section 51 Commonwealth Constitution grants what type of

58. A qualified acceptance may also be known as a, counteroffer.

59. Which of the following statements about contracts is true, It is a statutory

73. Constitution: Which of the following statements about constitutions in Australia is

2. Which of the following statements is correct, A contract may be illegal as

6. Which of the following is not usually recoverable by way of damages,

19. With respect to substantial performance and partial performance, partial

22. A term that is vital to a contract is known as, a condition.

23. Which of the following is NOT a method of termination, rectification.

25. The test of whether a statement is a term or a representation is not dependent on

29. Compensatory damages are also known as, actual/ordinary damages.

31. Which of the following is a circumstance where specific performance would be

38. Criminal proceedings may be brought for, unfair practices.

46. Which of the following is not true? A signature on a contract containing an

50. The definition of “consumer” is limited by what amount, recently increased to

61. Non est factum means, it is not [my] deed.

69. Which of the following matters is least likely to contribute to a finding of

82. Which of the following guarantees applies to a sale by auction, guarantee as to

91. In considering whether a contract is a standard form contract, which of the

96. Which of the following is not an equitable remedy, Exemplary damages.

98. How is repudiation determined by the court, objectively.