Question 11 Under which of the following actions can a plaintiff claim damages? A Fraudulent, negligent and innocent misrepresentation B Only fraudulent misrepresentation C Fraudulent and negligent misrepresentation D Only negligent misrepresentationQuestion 12 Which of the following statements best describes mutual mistake? A It occurs when parties make the same mistake B It occurs when parties misunderstand one another and deal at cross purposes It occurs when one party is mistaken and the other side takes advantage of that mistake D It occurs when the mistake is fundamentalQuestion 13 1 Point It has been said that the common law doctrine of duress is similar to the equitable doctrine of undue influence. In which aspect are the doctrines different? A Undue influence is concerned with the fairness of a contract, whereas duress involves force applied to one party B Undue influence is concerned with trust and confidence, whereas duress involves illegitimate pressure Undue influence is concerned with one party's particular disadvantage, whereas duress involves actual pressure D Undue influence is concerned with dishonesty by family or friends, whereas duress involves threats of violence1 Point Question 14 Which of the following terms describes what happens when each party follows the requirements of a contract and fulfils all of their obligations? A The contract has been rescinded B The contract has been discharge through performance C The contract has been reminded D The contract has been reservedQuestion 15 Which of the following is not a remedy for breach of contract? A Damages B Injunction C Repudiation Specific performanceQuestion 16 Which of the following cannot discharge obligations incurred by parties to a contract? A Performance B Frustration Substitution D Operation of law1 Point Question 17 John enters a car park. At the entrance to the car park is a flashing sign, which states in bold large print: 'You park at your risk. The owner of the car park is not liable for any damage to you or your vehicle howsoever caused whilst on the premises'. He is then confronted by an employee of the car park who says to John 'Do not proceed past here or enter the car park unless you have read the sign and agreed to the terms'. The employee then hands him a ticket to enter, which he will have to present again when he leaves. Whilst in the car park John s car is vandalised. Which of these statements best describes the common law rule governing this exclusion clause? A It would not be binding on John as actual notice of its existence has not been provided B It would be binding on John as reasonable notice of its existence has been provided It would be declared void by the court because it was not a term of the contract D None of the other answers are correct1 Point Question 18 How can the rule in Dunlop Pneumatic Tyre Co Ltd v new Garage & Motor Co Ltd (1915) AC 79 be described? A term in a contract outlining damages for breach must be a genuine estimate and not for the purpose of making the A other party comply B Where any amount claimed is unconscionable, it will be unenforceable in equity Damages may be sought for failure to perform a contract where one party is to pay a fixed sum Stating that a pre-estimated damages clause is payable by way of liquidated damages and not as a penalty will prever it from being deemed a penalty clauseQuestion 19 What is the purpose of damages awarded for breach of contract? A To compensate an innocent party for all loss arising naturally and consequentially out of a breach of c B To compensate an innocent party for foreseeable loss arising naturally and consequentially from the C To compensate an innocent party for substantial loss arising naturally and consequentially from the D None of the other answers are correct1 Point Question 20 Which of these statements is correct? Fraudulent misrepresentation allows the wronged party to rescind the contract and seek damages in the tort of deceit, A whereas innocent misrepresentation only allows them to seek damages at common law Fraudulent misrepresentation allows the wronged party to seek damages in the tort of deceit, whereas innocent B misrepresentation only allows them to obtain nominal damages under the Australian Consumer Law Fraudulent misrepresentation allows the wronged party to rescind the contract and seek damages in the tort of deceit, whereas innocent misrepresentation only allows the wronged party to rescind the contract D Fraudulent misrepresentation allows the wronged party to rescind the contract and seek damages in the tort of deceit, whereas innocent misrepresentation only allows them to seek damages in equity