1.Which of the following statements is NOT correct in respect to determining when an agreement is a contract?

a.It is generally not necessary that a contract be in writing to be enforceable.

b.The courts are not concerned with the intention of the parties as it is a private matter.

c.Sometimes the law implies the existence of a valid contract.

d.The parties in an agreement do not always intend to create legal relations.

2.In the context of contract law, which of the following best describes the element of 'agreement'?

a.Something of value passing from one party to another in return for a promise to do something.

b.An offer by one party and an acceptance by the other.

c.The parties must intend that their promises create legally enforceable obligations.

d.All of the above.

3.Which of the following conditions is NOT an essential requirement for all contracts?

a.The contract must be in written form.

b.The parties must consent to the contract.

c.The purpose of the contract must be legal.

d.The parties must have capacity to contract.

4.The power of a court to hear a case for the first time or at first instance is called

a.present jurisdiction

b.first justice

c.original jurisdiction

d.instant justice

5.A civil claim for $900,000 damages in a breach of contract case could be heard at first instance

a.only in the District Court

b.only in the Magistrates Court

c.only in the Supreme Court

d.only in the High Court as it exceeds the maximum set for the Supreme Court

6.Which of the following statements best describes the meaning of "Appellate jurisdiction"?

a)The power of the Magistrates Court to hear any case

b)The power of a court to hear a case for the first time.

c)The power of a court to hear a case on appeal from a lower court

d)The power of the District Court to hear cases on appeal from the Supreme Court

7.According to the postal rule:

a)An acceptance will only be effective if it is sent by post.

b)Revocation of an offer is effective as soon as it is posted.

c)Offer and acceptance are only effective when received.

d)An acceptance will be effective immediately it is posted.

8.2. The Egg Shell Skull Rule is best described by which of the following:

a)'the defendant must take their victim as they find them'

b)'the defendant must accept liability for all loss they cause'

c)'the defendant will be liable if the loss is not too remote'

d)'the defendant is only liable for the loss which is reasonably foreseeable'

9.When a business advertises their product, the courts generally presume that:

a)The merchant did not intend to enter into contracts with purchasers of their product.

b)The merchant did not intend to immediately create legal relations with viewers of the advertisement.

c)The merchant intended any contract with a purchaser to be legally binding.

d)The merchant intended their statements to be legally binding.

10.Which of the following statements is correct in respect to the nature of a contract?

a)All agreements are legally enforceable contracts.

b)Not all contracts are agreements.

c)The terms 'contract' and 'agreement' mean the same thing.

d)A contract is a type of agreement.

11. Which of the following is NOT relevant in establishing Negligence?

a) the defendant failed to show the required standard of care

b)the defendant owed the plaintiff a duty of care

c)the defendant intended to harm the plaintiff

d)none of the above.

12.Which of the following involves the discharge of a contract by performance?

a)One of the parties becomes bankrupt.

b)Each party discharges the obligation of the other to perform the contract.

c)The parties carry out exactly the terms of the contract.

d)Performance of the contract becomes impossible due to the occurrence of an unforeseen event.

13.Which of the following will NOT result in the discharge of a contract by operation of law?

a)The merger of a simple contract into a formal contract.

b)The death of one of the parties to a contract other than for personal services.

c)The material alteration of a written contract without the consent of the other party.

d)The bankruptcy of one of the parties.

14.Which of the following is the best description of discharge by waiver?

a)One party leads the other to reasonably believe that strict performance will not be insisted upon.

b)A new agreement is substituted for the old by the parties.

c)Both parties abandon their original agreement while it is still xecutor.

d)A party who has already performed their obligation agrees to relieve the other party from performing their obligation in return for their doing something different.

15.Statute law refers to:

a)laws enacted by State Parliaments

b)rules and regulations enacted by Commonwealth Parliament

c)delegated legislation enacted by subordinated bodies

d)all of the above