Question
1) In a dispute with his landlord over the lease of residential premises (not exceeding 2 years), George Teo, the tenant, wishes to take his
1) In a dispute with his landlord over the lease of residential premises (not exceeding 2 years), George Teo, the tenant, wishes to take his landlord to court. Suggest the legal venue for George to bring his case.
a. The High Court
b. The Small Claims Tribunal
c. The Coroners Court
d. The Court of Appeal
2) What is a statute?
a. Laws passed by the courts when handing down decisions.
b. A branch of family law.
c. A law that applies only to the Commonwealth.
d. An Act passed by the country's parliament.
3) What Rule is used by the courts when seeking to determine the intention of Parliament when it passed a particular Act?
a. The Literal Rule.
b. The Golden Rule.
c. The Mischief Rule.
d. None of the above.
4) Why would shopkeepers who display liquor and cigarettes on their premises not be charged with selling liquor and cigarettes to minors when such minors walk into such shops.
a. Such displays are considered advertisements to attract shoppers.
b. Such displays are auctions that attract the highest bidder.
c. Such displays are offers to the world at large.
d. Such displays do not amount to offers; they are merely invitations to treat
5) What is meant by the duty of care in the tort of negligence?
a. That there is a duty of care only when it is necessary.
b. That there is a duty imposed on a person by law to act with care towards others.
c. That carelessness on the part of a person is taken as foreseeable.
d. That there is no duty of care owed to those not in close proximity.
6) Which statement best explains the Doctrine of Vicarious Liability?
a. A person can be held responsible for the acts or omissions (i.e. torts) of another person.
b. A person cannot be held responsible for the acts or omissions (i.e. torts) of another person.
c. A person can be criminally liable if his acts intentionally cause harm to another person.
d. A person can be held liable for the statements of another person.
7) What is the difference between an Executed Consideration and Executory Consideration?
a. Executed Consideration is given after a contract is made; and Executory Consideration is given before a contract is made.
b. Executed Consideration is legally binding; and Executory Consideration is only legally binding in the future.
c. An Executed Consideration is done in the absence of any promise; and in Executory Consideration, the promise is for some act to be done in the future.
d. In Executed Consideration, one party to a contract has completed their part of the contract; and in Executory Consideration, both parties have obligations to perform.
8) Which statement best defines Promissory Estoppel?
a. A person is stopped from going back on his promise when that promise has been acted upon.
b. A person is stopped from making promises he or she does not intend to keep.
c. A person must not make empty promises.
d. A person is not liable for promises made in the absence of consideration.
9) When his old freezer broke down, Jim ordered a new freezer to be delivered to his restaurant. Given the nature of his business, he stipulated that the freezer must be delivered in two-days' time and that "time was of the essence". What is the nature of Jim's term?
a. It is a condition.
b. It is a warranty.
c. It is an innominate term.
d. It is an issue that can be contested.
10) Adam breached his contract with Sam, and as the result of this, Sam lost several thousand dollars. Sam plans to bring action against Adam for unliquidated damages. Which statement best describes 'unliquidated damages'?
a. Punish the party breaching the contract.
b. Prevent either party from breaching the contract.
c. Restore the party who has suffered the loss to the same position as if the contract had been performed properly.
d. Compensate the injured party
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