A1

Which of the following statements is always true?

a.Remedies for a breach of a condition include damages only

b.Remedies for a breach of a condition could include damages and termination

c.Remedies for a breach of a warranty could include damages and termination

d.Remedies for a breach of an intermediate term include damages only

A2

In which of the following examples could a court decide that the contract is frustrated?

a.A hall is hired, but before you can use it the hall burns down

b.You pay for a ship to transport a container of furniture from China to Australia but the ship sinks in a terrible storm

c.You undertake to construct a tunnel, working 24 hours a day, the work to be completed in 130 weeks. A short time later, local residents complain about the noise you are making at night. A court orders that you cease your construction for at least eight hours every day

d.All of these are examples of frustration

A3

In the High Court case of Associated Newspapers Ltd v Bancks the High Court:

a.Found for Bancks on the basis that Associated Newspaper's undertaking was a condition

b.Found for Associated Newspapers on the basis that Banck's undertaking was an intermediate term

c.Found for Associated Newspapers on the basis that Banck's undertaking was a warranty

d.Found for Bancks on the basis that Associated Newspaper's undertaking was an exception to the Parol Evidence Rule

A4

Under s18 of the Australian Consumer Law (ACL):

a.the giving of an opinion can amount to misleading or deceptive conduct

b.the giving of an opinion can never amount to misleading or deceptive conduct

c.it is permissible for a person to engage in misleading or deceptive conduct

d.the scope of misleading and deceptive conduct is very narrow

A5

Which one of the following is FALSE?

a.Damages are not the only possible remedy for a breach of contract

b.In Lumley v Wagner, the court made an order for specific performance on the grounds that it was a contract for personal services

c.In an action for damages, loss arising from special or exceptional circumstances is only recoverable where such loss was made known to the offending party at the time the contract was entered into

d.If A agrees to sell B a sofa for $5000 and then refuses to go ahead with the sale, the measure of damages would be the difference between the original contract price and the price B has to pay to get an equivalent sofa from someone else

A6

In striving to prove negligence the first thing that must be done is to:

a.Establish that there was a breach of a duty of care

b.Establish that there was damage resulting from the breach of the duty of care

c.Establish that there was a duty of care

d.Establish that the damage which resulted from the breach of the duty of care was foreseeable