need help on the following questions

QUESTION 1 A misrepresentation is a representation that is untrue. To bring a successful action for misrepresentation you must: () Prove that the statement was one of fact and not law () Prove that the statement was false Prove that the statement induced the other party to enter into the contract () Prove all of the above QUESTION 2 Misrepresentation can occur (C) Where cne party has been fradulent. () Where one party has been negligent. () Where one party has made a false statement of fact. ) All of the above. QUESTION 3 Which of the following statement is incorrect? () Silence is not normally misrepresentation () Where silence distorts the truth of a situation, then it might be misrepresentation () Where a statement is made which is subsequently discovered to be wrong, then to remain silent and not correct the statement may be a misrepsentation () Silence is not a positive statement of fact and therefore cannot be misrepresentation QUESTION 4 Esso Petroleum Co Ltd v Mardon [1976] QB 801 is an example of negligent misrepresentation. Which party made the incorrect statement and what was the misrepresentation? O The incorrect statement was made by a senior Esso representative as to the estimated future volume of petrol sales. The incorrect statement was made by a senior Esso representative as to the future price of petrol. The incorrect statement was made by Mardon as to his retail experience. The incorrect statement was made by a senior Esso representative as to the financial viability of the service station site. QUESTION 5 The most important statutory provision for statutory misrepresentation under the new Australian Consumer Law (ACL) is: O Section 53 of the TPA O Section 18 of the ACL O Section 29 of the ACL O Section 30 of the ACL QUESTION 6 Duress means O You exert inappropriate influence on someone to get them to sign a contract. O You unfairly influence on someone to get them to sign a contract O You exert actual or threaten physical violence against a person or their close relative in order to get them to sign a contract. O You threaten not to have any further commercial dealings with them.QUESTION 7 Unconscionable conduct is conduct that is against good conscience. In Commercial Bank of Australia Ltd v Amadio's the court found the conduct of the bank was unconscionable for which reason: () Because Mrand Mrs Amadio had little command of English and little business experience () They did not have sufficient understanding of the terms or the nature and effect of the mortgage document they signed () Because the bank knew of the Amadic's special disability as set out in the items above and to allow them to enforce the mortgage would have been unconscionable. ) All the above. QUESTION 8 Under Section 21 of the Australian Consurmer Law, which of the following criteria will the courts consider to determine unconscionable conduct? () The relative strengths of the bargaining positions of the supplier and the consumer. (") Whether, as a result of conduct engaged by the person, the consumer was required to comply with conditions that were not reasonably necessary for the protection of legitimate interests of the supplier. () Whether the consumer was able to understand any documents relating to the supply or possible supply of the goods or services. ) All of the above. QUESTION 2 In Louth v Diprose: () The defendant's conduct was unconscionable. () The defendant's conduct was not unconscionable. ) The strang party did not take advantage of the weak party. () The defendant was the weak party. QUESTION 10 A unfair contract under ACL: () Is void if it causes significant imbalance in the parties rights and obligations. () Is never void () Is only unfair if it is a standard form contract. () Is void only if a strong party has taken advantage of a weak party