'i'bu take your carto a mechanic for repairs. There is a large sign at his worksth I:1oor(clearlyI yisnle} saying '11" vehicles are left here at owner's risk and no responsibility is accepted for loss or damage'. The mechanic fails to lock his workshop (with your car in it] overnight and vandals enter. They damage your car. 'fou make a claim for compensation on the mechanic He relies on the prominent notice as a reason to refuse compensation. Which of the following legal arguments could you use to bring a claim in court against the mechanic for compensation?: IE a. such notices are prohibited by the Australian Consumer Law C} b. the notice is not a bean ofthe contact with the mechanic 0 c. a contract term {the notice} which tries to avoid liability for failure bythe mechanic to lock his premises to ensure theyI are secure overnight is unconscionable C} d. the mechanic's failure to keep your vehicle secure is a breach of 'ulInost good faith' The requirement in Australian lamI that a court must be satised an arrested person is being lawfullyI held in custody, by bringing the arrested person before a court not later than a. day alter the arrest, is part of C} a. natural justice 0 lo. the rule of law [habeas corpus} C} 1:. separation of powers 0 d. 'o'ansparency under the law \fDimitri arrived in Australia three months ago. He does not speak or read English very well. An estate agent, who is aware of Dimitri's language problem, persuades him to sign a lease which contains harsh conditions but assures Dimitri they are just "standard terms in all leases." Dimitri signs the lease. The lease would probably be O a. voidable for duress O b. voidable for unconscionablety O c. voidable for undue influence O d. enforceableA letter from Visa telling a card holder that as a Christmas gesture the card holder's credit limit is now increased by $5,000 would be an example of O a. bait advertising O b. invitation to treat O c. unsolicited credit O d. unconscionable conductTwo people at a concert discuss an intended deal. They agree on some tenns and one ofthem malce-s notes of their agreement on the back of a printed programme she boug ht. In this situation C} a. an oral contract has been made C} b. an implied contract has been made 0 c. a contract evidenced in writing has been made 0 d. no contract is made until they later write out the deal in full and both sign it The Federal Court has temporarily refused to allow the Federal government to deport to a family of Tamils to Sri Lanka because one child was born in Australia, This blocking by a court of a government minister's decision is an example of what feature in the Australian Constitution? O a. judicial review O b. separation of powers O c. rule of law O d. estoppelReg is a gambler. He has lost money at the casino and betting on horses. His rent is overdue. His landlord oers to louyI Reg's car for a price which the landlord lo1ows is half its lIue value so Reg will have money to pay his overdue renl. Reg does not wantto sell but feels he has no choice. If Reg accepls the offer but later changes his mind the sale corIlIact would he C} a. voidable for misrepresentation by the landlord about the real value of the car C} b. voidable because commercial pressure is duress O c. voidable for undue influence Cl cl. enforceable, because commercial pressure is not duress Angus hires a car from Ajax Car Rentals for a 14 day motoring holiday and pays the full hiring fee in advance. The car, which has not been recently serviced by Ajax, breaks down on the second day of his holiday, which he has to abandon. Angus wants to cancel the hire contract and get a full refund. Ajax refuses to do this but offers Angusa free car at a later date. In this situatior: C} a. There is no breach; Angus must accept Max's offer of a free car at a later date. C} b. The breakdown of the car is a breach bfwarramg by Ajay: so Angus cannot cancel 0 c. The breakdown of the car is frustration of the contact 0 d. The breakdown is a breach of condition by Ajax so Angus can cancel An appliances stone advertises a sale of clothes dryers as 'half price special'. 1|"oI.I go to- the store one hour after opening time to buy a clothes dryer and are told that only two were available at half price and they were sold in the rst 15 minutes of binding. The salesman shows you other clothes dryers which are not being discounted. This is an example of C} a. inertia selling C} b. bait advertising Cl 1:. mere puff C} d. misrepresentation A men's toiletries manufacturer advertises its aer shave lotion as 'The after shave no woman can resist.' Romeo buys a bottle and uses it. His girlfriend says it malces him smell like polished iumiture and refuses to go out with him until he wash it off. In this situation C} a. Romeo cannot malce a claim against the toiletries manufaclurer because it is a mere puff C} in. Romeo can maloe a claim against the toiletries manufacturer for bait advertising 0 1:. Romeo can maloe a claim against the toiletries manufacturer for misrepresentation C} d. Romeo cannot malce a claim against the toiletries manufacturer because the claim is onlyI a warranty and not a condition Your house is worth $900,000. You insure it for $600,000. The insurance policy has a "subject to average" clause in it. The house is damaged in a fire and repairs will cost $750,000. The maximum benefit which the insurer will pay you is: O a. $600,000 O b. $500,000 O C. $750,000 O d. nothing, because the house has been "under insured"In a shop window an overcoat is displayed with a price card reading: "End of winter special - reduced from $350 to $200." The shop has a large number of these coats available for sale. The window display is: O a. an offer to sell; O b. an invitation to treat O c. bait advertising O d. a counter offerA building company signs a contract to construct two classrooms on land owned by a school. The contract contains a term which specifies the classrooms must be completed by the first week of the next school trimester. This term in the contract is an example of: O a. condition precedent O b. duress O c. time of the essence and is a condition O d. time of the essence and is a warrantyIn May 2021 a popular American singer signed a contract to travel to Sydney to perform in three concerts in August. Because of the NSW's government's lockdown and border closure the concerts had to be cancelled. This is an example of: O a. a void contract O b. an unenforceable contract O c. anticipatory breach of contract O d. frustration of contract