CHOOSE THE CORRECT ANSWER

1. Correspondence with description, acceptable quality and correspondence with sample are all examples of:

Select one:

a. excludable statutory consumer guarantees as to the quality of goods

b. non-excludable statutory consumer guarantees as to the provision of services

c. excludable statutory consumer guarantees as to the provision of services

d. non-excludable statutory consumer guarantees as to the quality of goods

2.What is meant by the term 'privity of contract'?

Select one:

a. Only a person with a copy of the contract canenter intoit

b. If consideration is paid to a thirdpartythen thepromiseecannot enforce the promise

c. If a person is privy to acontractthey can enforce it even if they have not paid consideration for the promise

d. Only a person who is a party to a contract may enforce the contract

3. Why was thedecision inMabov Queensland (No. 2)(1992) 175 CLR 1so important in Australia? Which of the following is correct?

Select one:

a. The case was important because it was the first time that an Indigenous person had won a significant legal case against the government in Australia

b. The case determined that Indigenous people could live under their own legal system and not be subject to any other laws

c. The case meant that no English law now applies in Australia

d. The case was important because the court decided that the doctrine of terra nullius did not apply; recognising there was a system of Aboriginal customary law present when the English arrived in Australia

4.Which of the following is not one of the implications ofSalomon v Salomon & Co[1897] AC 22?

Select one:

a. The company is a separate legal entity from its owners

b. Salomon was not able to personally recover funds through the security (thedebentures)

c. Salomon was able to personally recover funds through the security (the debentures)

d. Salomon was able to recover as a creditor

5.What is an invitation to treat? Which of the following is correct?

Select one:

a. An invitation to treat is a direct offer to a member of the public, which can take place by the placement of goods on a supermarket shelf

b. Invitations to treat are a form of subtle offers, once an invitation to treat is accepted, a contract is formed

c. An invitation to treat is a statement, display of goods or advertising which invites a potential buyer to make an offer

d. An invitation to treat is an acceptance of an offer

6.What is the concept of agency? Which of the following is correct?

Select one:

a. An agent is any person who calls themselves an agent,whether or notthey work for themselves or as an employee

b. A person can only be an agent if they register as an agent,ega real estate agent.

c. An agent is a person who has been authorised to act on behalf of another (theprincipal) whereby that agent creates a legal relationship with a third party which is binding on the principal

d. Agents are anyone who is employed to carry out work for another

7. Jill has a contract with Ron to buy a unique Vincent van Gogh oil painting. The purchase price is $10,000,000 and the parties have a signed agreement. When the painting is to be delivered by Ron, he refuses to comply and says he has found someone else who is willing to pay a higher price. Jill goes to court to ask the court to tell Ron that he must supply the painting as promised. The court agrees with Jill and directs Ron to supply the painting. Thiscourt's actions arean example of:

Select one:

a. an injunction

b. disapproving

c. overruling

d. specific performance

8. If one of the parties to a case is referred to as the 'plaintiff' this means that the case:

Select one:

a. must be a criminal law matter

b. can be either a criminal or a civil law matter

c. is an appeal

d. must be a civil law matter

9.What is the doctrine of precedent? Which of the following is correct?

Select one:

a. Precedents refer to the decisions of a parliament

b. Precedent means that the High Court of Australia is bound to follow decisions of the English courts

c. Only the High Court of Australiais able toset a precedent; all other courts merely make decisions which are not precedents

d. A court will follow a precedent or principle in law set by a court, which is superior to itself in its own hierarchy

10. A statement will be incorporated into a contract:

Select one:

a. only where the statement is contained in a written and signed document

b. only where the statement occurs post-acceptance

c. only if the statement reflects the parties' actual intentions

d. only if the statement is made prior to or at the time of contracting

11. Which of the following statements is correct?

Select one:

a. Section 18 of the Australian Consumer Law applies only to purchases by consumers

b. Section 18 of the Australian Consumer Law applies to misleading conductwhether or notthere has been a purchase

c. Section 18 of the Australian Consumer Law applies only to supply by corporations

d. Section 18 of the Australian Consumer Law is limited to intentional conduct

12. Remedies for a breach of contract include:

Select one:

a. specific performance, injunctions and conviction

b. injunction, specific performance andgaol

c. damages, injunctions and specific performance

d. injunctions,damagesand repudiation

13. The Electronic Transactions Act 1999 (Cth) requirestheelectronic signature method:

Select one:

a. Sufficientto identify the person

b. Sufficient to indicate the person's intention regarding the information communicated

c. A& B are correct

d. Only A is correct

14. How might terms within a contract be classified? Which of the following is correct?

Select one:

a. The terms of a contract are classified into conditions, which allow for termination, and warranties, which are lesser terms that only allow for a claim for damages. Innominate terms may also allow for discharge or a claim for damages

b. Terms of a contract are classified into fundamental terms and inferior terms, breach of either will allow for a termination of a contract. Innominate terms are those terms are implied terms, they do not allow for discharge of a contract

c. Terms are only classified as conditions. If a term isbreachedthen the contract can be rescinded

d. The terms of a contract are classified as either contractual terms or non-contractual terms. Non-contractual terms, if breached, may still allow for a discharge of the contract

15. Cuddly Towels PtyLtd manufacturera range of towels and otherbathroom products. Theymakean agreement withRargetPty Ltd that they will supply them with towels to sell but that they cannot offer them for sale below a price of $30 a towel. This is an example of:

Select one:

a. resaleprice maintenance

b. price fixing

c. a legitimate business practice

d. exclusive dealing

16. BigworthsPty Ltd and Roles Pty Ltd are the two largest companies in the market who operate a chain of grocery stores. They compete on price on a weekly basis across a range of different products.

Select one:

a. This is an example of misuse of market power

b. This is an example of a legitimate business practice

c. This is an example of predatory pricing

d. This is an example of exclusive dealing

17. Which of the following would NOT be considered a consumer transaction?

Select one:

a. Jane purchased a fridge from BingWreeto use in her home. The fridgecost$2,200

b. William purchased a calculator from Office Wacks. He intended to give this to his friend. The calculator cost $25

c. Janet purchased some shampoo fromWagworthsto wash her dog. The shampoo cost $5

d. Jackowned a small plumbing supply business. He purchased10brackets for guttering from Snooze Warehouse. His intention was to sell them for a profit to new customers. The bracketsonlycost $15 each.