1 5 marks 2 Part A What is a federal system of government and what effect does it have on the structure of the court system in Australia? Question 2 5 marks What is the constitutional principle of separation of powers and why is it important to the rule of law? Question 3 5 marks Business agreements are usually arrived at through negotiations. How does the law analyse negotiations in order to work out whether agreement has been reached between the parties as part of the formation of a contract? Question 4 5 marks What factors will a court consider in deciding whether a contract is an employment contract or an independent contract? Question 5 What factors should a client consider in deciding between a company and a partnership as a business structure? Part B Question 1 Explain how a court determines whether a term should be implied into a contract to make the contract viable and give it business efficacy. Your explanation should refer to relevant case law. Question 2 10 marks What are the similarities and differences between terms implied under the Sale of Goods Acts and the statutory guarantees under the Australian Consumer Law