Question
hi there i have these question mid quiz due in 35 mins please help me get it done on time thanks you so much multiple
hi there i have these question mid quiz due in 35 mins please help me get it done on time thanks you so much
multiple choice no need explanation
1) In establishing a breach of statutory duty, which of the following tests is incorrect?
Select one:
a.
The claimant suffered loss irrespective of whether this was a consequence of the defendant's breach.
b.
The statute places an obligation (duty) on the defendant that he/she owed to the claimant
c.
The defendant breached the duty
d.
The damage suffered was of a kind contemplated by the statute, and the claimant was a member of a class that the statute was designed to protect
2) In cases where consideration is not specified
Select one:
a.
Consideration will be determined by courts as a reasonable price if a request has been made for goods and services
b.
There is an assumption that the good Samaritan rule applies and monetary payment is not required
c.
The contract is not valid
d.
The surrounding circumstances will govern the amount to be paid
3)Which statement is not a rule of consideration?
Select one:
a.
Consideration is the price you pay or the value you give for another person's promise or act
b.
Past consideration is not valid
c.
Consideration must be lawful and possible to perform
d.
Consideration must have legally recognized value
4) Sachin, a minor (15 years of age), entered into an apprenticeship contract for three years, which required him to train for 8 hours a day and five days a week and perform in shows arranged by the trainer. Sachin could participate in other shows if the timings of other shows do not clash with the performances arranged by the trainer. In return, the trainer promised to provide Sachin with room and board plus $150 per week as a stipend and $100 for each performance as well. The trainer had an option to renew the contract for another three years. When Sachin turned 16, he missed some training lessons and performances arranged by the trainer because of some other shows which were in the clash, and also because of his part-time position in a restaurant. Trainer sued him for breach of contract of service.
Required:
Advise Sachin whether his trainer is likely to succeed in suing him for the breach of contract or would Sachin be allowed to take the benefit of his minority? Justify your answer by giving legal reasoning and mention at least one precedent to support your answer. (Jurisdiction of VIC applies) (10 marks)
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