need help with the following questions

QUESTION 1 An express term of a contract can only be: () Oral or verbal () Implied by conduct () Stated in writing or in oral/spoken form () Mone of the above QUESTION 2 When a contract is reduced to writing: () The parol evidence rule permits the admission of further evidence to add to, vary or change the agreement. ) The parol evidence rule will only permit the admission of further evidence to add to, vary or change the agreement if the contract is also partly oral. () The parol evidence rule is strictly applied with no exceptions. () The parol evidence rule prevents the admission of any further evidence to add to, vary or change the agreement, unless the party can prove the contract was partly written and partly oral. QUESTION 3 The difference between a condition and a warranty in a contract is; () Acondition is a fundamental term that goes to the heart of the contract the breach of which allows the innocent party to rescind the contract and or claim damages, while a warranty is a term of lesser important the breach of which only provides a remedy in damages. (_) Condition and warranties are both terms of a contract and there is no real difference between them. () While a condition is a more important term than a warranty, a breach of a condition gives the innocent party more options by way of a remedy. (") That you have more time to decide to take an action for a breach of a condition as compared to a breach of a warranty. QUESTION 4 Jess signed a written contract containing an exclusion clause and believes under the law that: () She is not bound by the exclusion clause even though she signed the contract. ) When a person signs a contract containing and exclusion clause, they are deemed to have knowledge of the contents of the contract and subject to fraud or misrepresentation they are bound by the confract they signed including the exclusion clause. (") She will only be bound by the exclusion clause if she signed the confract in the presence of an independent adult witness, which she did not () She will be bound by the exclusion clause only if she read the contract before she signed it, which she did not. QUESTION 5 A person will only be bound by an exclusion clause contained in an unsigned document when: () Areasonable person could regard the document as being contractual in nature and not merely a voucher or a receipt () Where reasonable notice of the exclusion clause contained in the document was given prior to or at the time the contract was made (_) That reasonable notice of the clause has been established as a result of a prior course of dealing between the parties () All the above. QUESTION 6 Courts are generally hostile of exclusion clauses and in construing what they mean they will apply the "Contra Preferentum\" rule which means: () They will interpret the clause to give effect to the parties intension () They will interpret the clause solely based on existing case law () They will interpret the clause least favourably to the person seeking to rely on the clause (Z) They will interpret the clause most favourably to the person seeking to rely on the clause. QUESTION 7 Courts will imply terms into a contract between the parties (_) Based on precedent case law dealing with implied terms (") Through convention, customn and trade usage; based on prior dealings between the parties; to give business efficacy to the contract and implied by statute ) When the courts interpret statutory terms only () When the courts are seeking to clarify the meaning of express terms in the contract. QUESTION 8 The Australian Consumer Law (ACL) introduced a national consumer regulatory regime replacing the State Goods Acts, Fair Trading Acts and the Trade Practices Act and introducing some of the following changes: () Replacing implied terms in contracts for sale of good with 'consumer guarantees (_) Enhancing manufacturers liability and product safety provisions () Giving the ACCC enhanced enforcement and powers of investigation ) All the above QUESTION 9 Certain persons under the law have restricted contractual capacity. Persons who are mentally incapacitated or intoxicated can avoid a contract they entered into in that state if they prove: (") That they were mentally incapacitated or intoxicated and they did not have the capacity to understand what they were doing at the time the contract was made and the person with whom they were dealing with was aware of their impaired condition () That they were mentally incapacitated or intoxicated by swearing a statutory declaration as to their condition () That there were witnesses present when they signed the contract who could confirm they were mentally incapacitated or intoxicated (_) That they were mentally incapacitated or intoxicated as well as being under the age of majority which is 21 years of age QUESTION 10 Minors do not have full contractual capacity but they may be liable for contracts they make for necessaries and beneficial contracts of service. In Proform Sports Management Ltd v Proactive Sports Management Ltd [2007] 1 All ER a two year management contract signed by Wayne Rooney when he was 15 years old was not enforceable as a contract for necessaries or a beneficial contract of service because (") Mecessaries are goods and services such as food, shelter, clothing and such like that are necessary to allow a minor to live reasonably in society and a management agreement does not provide this (") The management agreement did not provide Wayne Rooney with instruction, education and the skills to earn a living as compared to a professional football club () Because the contract was signed by Wayne Rooney's parents () Answers (1) and (2) above