please help me answer these 10 mcq following australian law. thank you!
1. The parol evidence rule means that: A. Contracts need not be in writing B. A contract in writing precludes the use of oral evidence to explain an ambiguity in the contract C. Courts are reluctant to allow oral evidence to vary the words of a written contract. D. A contract will be rectified wherever there is a mistake (1 mark) 2. Which of the following conflicting precedents would a judge of the Victorian County Court be bound to follow: A. A previous decision of a judge of the Supreme Court of Tasmania B. A decision of the High Court of Australia C. A previous decision of the House of Lords D. A previous decision of the New South Wales Court of Appeal (1 mark) 3. The parties to a contract can mutually agree to replace the existing agreement with a new agreement on different terms. What is this called? A. Termination. B. Recession. C. Novation. D. Void. (1 mark)4. Grace and Joe agree that if Joe paints Grace's house, Grace will give James (Joe's son) a car. Which of the following is correct? A. James can enforce Grace's promise of a car B. James cannot sue Grace unless Joe dies C. There is no consideration for Grace's promise D. In general, James cannot sue Grace for the car (1 mark) 5. The authority for the proposition that there is no intention to be legally bound in social and domestic agreements is: A. Wakeling v Ripley. B. Sydney City Council v West. C. Balfour v Balfour. D. L'Estrange v Graucob. (1 mark) 6. Which of the following is the correct answer? Dan has signed a contract to purchase a vintage red Porsche tractor for $600,000. The owner of the tractor decided to sell her farm and use the money to buy a yacht and sail around the Greek islands for an extended holiday. She has now changed her mind and has decided she doesn't want to sell her farm or her favourite tractor. Can Dan take his case to be heard in the Victorian Magistrates' Court? A. Yes. B. No. C. If the parties consent in writing. D. If the higher court agrees. (1 mark) 7. Which of the following is incorrect? A. Exclusion clauses are terms in an agreement that attempt to limit or negate the liability of one of the parties to the contract if they are in breach.B. An exclusion clause must be a warrant of the contract. C. If the exclusion clause is contained in a signed document, the plaintiff will be bound by the clause unless it can be proven that the contents of the document were misrepresented to the plaintiff or the document appeared to be non-contractual. D. If the exclusion clauses are contained in unsigned documents such as receipts and tickets the courts are likely to decide that the ticket or receipt is not a contractual document and therefore the terms it contains have no contractual effect. (1 mark) 8 X agrees to sell his Porsche to Y. On the day of delivery the car is not washed even though X had promised to wash the car before delivery. Which of the following is a possible consequence? A. Y can terminate the contract for breach of condition and recover damages. B. Y must accept the car but may seek damages for breach of warranty. C. Y can refuse to accept the car since X has completely failed to perform his contractual obligations. D. Y must accept the car since failing to wash the car is not a breach of contract. (1 mark) 9 Consideration will be sufficient to establish a contract where: A. The price paid by the promisee is a vague promise to do something or refrain from doing something- B. The price paid for the promise had been paid before the promise was made. C. The price paid by the promisee was the fulfilment of a prior legal obligation, that is, the performance of something the promisee was already legally obliged to do. D. The price paid has some legal value even if it is not a fair or adequate price. (1 mark) 10 Which of the following is not a type of business structure? A. Sole trader. B. Partnership. C. Business. D. Company. (1 mark)
