A7

Contributory negligence was found in which of the following cases?

a.Rasbora v JCL Marine

b.Harris v Bulldogs Rugby League Club

c.Insurance Commissioner v Joyce

d.March v Stramare

A8

Tom owns a shop in Burwood. Tom bought a new van for $50,000 to make deliveries of products he sells from his shop.Will the sale of the van be a consumer contract and so be covered by the statutory guarantees in the Australian Consumer Law? Select the one best answer.

a.The statutory guarantees do not apply because Tom operates a business

b.The statutory guarantees do not apply because the van cost more than $40,000

c.The statutory guarantees do not apply because the van is not being used for personal, domestic or household use by Tom

d.The statutory guarantees will apply to this contract

A9

Which Australian case first adopted the principle from Donoghue v Stevenson that manufacturers owe a duty of care to the users of their products:

a.Stennett v Hancock and Peters

b.Strong v Woolworths Ltd

c.Grant v Australian Knitting Mills Ltd

d.Modbury Triangle Shopping Centre Pty Ltd v Anzil

A10

The decision in the Federal Court case of Glendale Chemical Products Pty Ltd v Australian Competition and Consumer Commission:

a.Means that there is no duty for manufacturers of products to warn of potential injuries from the use of their products

b.Means that manufacturers of products have a duty to warn consumers of every potential risk of using their products no matter how unlikely

c.Means that manufacturers have a duty of care to warn consumers of foreseeable risks of using their products

d.None of these answers is correct

A11

If there is a breach of a statutory guarantee that is not major, which of the following is NOT a way the supplier may remedy the breach?

a.Repairing the goods

b.Replacing the goods with goods of an identical type

c.Directing the consumer to the manufacturer to deal with the problem

d.Providing the consumer with a refund

A12

The required elements to prove fraudulent misrepresentation are:

a.The defendant making a false representation of fact, the representation causing the plaintiff to act, the defendant acting dishonestly or recklessly and the plaintiff suffering a loss

b.The defendant owing the plaintiff a duty of care, the defendant exercising the required duty of care and the plaintiff suffering a loss as a result of the defendant's negligence

c.The plaintiff owing the defendant a duty of care, the plaintiff exercising the required duty of care and the defendant suffering a loss as a result of the plaintiff's negligence

d.The plaintiff making a false representation of fact, the representation causing the defendant to act, the plaintiff acting dishonestly or recklessly and the defendant suffering a loss

A13

Robco Ltd sold a machine to a client. The client signed a contract with a term that stated they not been induced to enter into the contract by any representations other than those included in the contract. Before the sale Robco's salesperson stated the machine could produce 1000 units per hour. When installed, the machine could only produce half that amount. Which one of the following cases would be relevant to this situation?

a.Sweetman v Bradfield Management Services Pty Ltd

b.Bateman v Slatyer

c.Peek v Gurney

d.Krakowski v Eurolynx Properties Ltd

A14

To constitute fraud, there must be more than negligence. The defendant must have intended the false representation, or at least been reckless as to its truth. Which one of the following cases would be relevant to this situation?

a.Sweetman v Bradfield Management Services Pty Ltd

b.Bateman v Slatyer

c.Derry v Peek

d.Krakowski v Eurolynx Properties Ltd

A15

Which one of the following is NOT a factor in determining if there has been a breach of s 18 ACL?

a.Was the conduct made in trade or commerce

b.Was the conduct misleading or deceptive

c.Was the conduct likely to be misleading or deceptive

d.Was the conduct intentional

A16

Which one of the following falls within the definition of a consumer under section 3 of the Australian Consumer Law:

a.A Porsche car sold for $400,000 by a Brisbane luxury car company.

b.Timber purchased for $10,000 to be used by a furniture company to make cupboards

c.A 1999 Commodore car sold by a university lecturer for $3000 (cheap!)

d.All of these answers

A17

The case of Jaensch v Coffey:

a.related to a physical injury suffered by a person that witnessed an accident

b.related to a physical injury suffered by a person that did not witness an accident

c.related to a psychiatric injury suffered by a person who did not witness an accident

d.related to a psychiatric injury suffered by a person who witnessed an accident

A18

What is the key principle arising from the decision in Modbury Triangle Shopping Centre Pty Ltd v Anzil?

a.In general, there is no duty to control persons from inflicting harm upon others

b.It is not reasonably foreseeable that a person would sustain a recognisable psychiatric illness from a clerical error which had quickly been rectified

c.A class of plaintiffs can be large, as long as it is not indeterminate

d.The mere fact that an industry generally follows the same procedure does not necessarily prove that such conduct is not negligent

A19

Which one of the following is correct?

a.The consumer guarantee provisions of the ACL can be limited in certain circumstances

b.The consumer guarantee provisions of the ACL can be excluded and limited

c.The consumer guarantee provisions of the ACL can be excluded in certain circumstances

d.The consumer guarantee provisions of the ACL cannot be excluded or limited

A20

Which one of the following statements is FALSE?

a.A court of equity may award quantum meruit

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

c.Where the loss arising from the breach is exceptional, the court may award extra penalty damages as a warning to others

d.Specific performance may be granted in cases involving rare or unique subject matter.