Question 10 Which of the following will vitiate a contract between parties in a relationship of trust and confidence? A Privity B Duress C Estoppel D None of the other answers are correctQuestion 1 Which of the following statements is incorrect? A The High Court of Australia has the power to hear appeals from lower courts B The lowest courts in the hierarchy of courts in Australia have no power to hear appeals C The High Court of Australia has been the highest court since Federation D The High Court of Australia is a Federal courtQuestion 2 What is the main legal principle to come from a judgment? A Obiter dicta B An Act C Ratio decidendi D StatuteQuestion 3 Which of the following statements is true of the adversarial system for resolving disputes? A It involves a third party, judge or magistrate, hearing arguments from different parties and making B It is the same as the inquisitorial approach It is non-combative D All of the other answers are correctQuestion 4 Which of the following can be seen as a benefit of using ADR instead of court proceedings? A ADR gives more control to parties in respect to the outcome of the dispute B ADR usually resolves matters faster than litigation C ADR can help parties maintain their relationships D All of the other answers are correctQuestion 5 1 Point Ben writes to Phil offering to sell him a container of bicycles. In his letter of offer he states that he wants a written acceptance. Phil receives the letter and immediately telephones Ben to advise of his acceptance. Ben then withdraws his offer. Which of the follow statements is correct? A Ben must sell Phil the bicycles because he has accepted the offer unconditionally B Ben is not required to sell Phil the bicycles because the acceptance was not in the prescribed manner Ben must sell Phil the bicycles because telephone is merely a faster form of communicating acceptance D Ben is not required to sell Phil the bicycles because his offer lacked the requisite legal intentionQuestion 6 1 Point John enters a department store and he sees some shirts hanging on a rack with a price tag of $200. What does this constitute in contract law? A An offer B Acceptance of an offer An agreement None of the other answers are correctQuestion 7 1 Point Wayne, a prodigious 15-year old soccer player enters into a five-year contract with Perform Pty Ltd ('PPL'), a sporting management company to provide management and advice. Two years later, he decides to give up soccer and play rugby union instead. PPL wants to sue Wayne for breach of contract. Which legal rule applies? A PPL can sue for breach of a condition B PPL can sue for breach of a warranty PPL cannot sue as the contract was not for the necessities of life D PPL cannot sue as the contract was not a beneficial contract for serviceQuestion 8 Which of these is not an example of valid consideration? A A promise to discharge debts that are owed to a third party B A promise to refrain from standing on one leg next Tuesday C A promise to not breach an existing contract with the same person D A promise to supply a third party with illegal methamphetaminesQuestion 9 Which of the following occurs where a condition in a contract is breached? A The party who did not cause the breach may terminate the contract and sue for damages B The party who did not cause the breach may terminate the contract but has no right to sue for damages C The party who did not cause the breach may not terminate the contract but can sue for damages D The party who did not cause the breach may not terminate the contract or sue for damages