questions 1

Which one of the following defines "representation"?

1)A statement which is false and it induces the other party to enter into the contract.

2)A statement made during negotiations which induces another party to enter into the contract.

3)A statement containing promises which forms part of a contract.

4)A statement which is a term of the contract and it induces the other party to enter into the contract.

question 2

Albert knowingly or recklessly made a false statement to Benjamin. Which type of statement is this?

1)Express misrepresentation

2)Innocent misrepresentation

3)Negligent misrepresentation

4)Fraudulent misrepresentation

question 3

Under S.2(2) of the Misrepresentation Act, a court may

1)Order that a contract to be rescinded where there has been a fraudulent misrepresentation.

2)Order that a contract to be rescinded where there has been a negligent misrepresentation.

3)Order that a contract to be upheld even if there had been a misrepresentation.

4)Order that compensation be paid in lieu of rescission of contract if it is of opinion that it would be equitable to do so.

questions 4

What is the element to be established in a claim for damages in the tort of negligence?

1)A breach of a statutory duty of care.

2)A legal duty on the part of the defendant to exercise care owed to the plaintiff.

3)The existence of a special relationship between the plaintiff and the defendant.

4)The defendant has held himself as a person with skill reasonably expected of him.

questions 5

How does the court use "public policy" considerations in the tort of negligence action?

1)It allows the court to be the executive of policies on the public.

2)It allows the court to view the entire case before deciding whether to impose a duty of care.

3)It gives the court the power to be the voice of the public.

4)It gives the court the right to embark on "defensive policing" in the interest of public policy.

questions 6

What is the first step in determining duty of care under the Spandeck's test?

1)"Factual" determination.

2)"Proximity" test to determine existence of a proximate relationship.

3)Public policy consideration to negate the finding of a duty of care.

4)Existence of a contractual relationship between the plaintiff and the defendant.

questions 7

In general, an agent is entitled to a lien.What does this mean?

1)The agent has the right to sell all the principal's goods.

2)The agent has the right to sell some of the principal's goods.

3)The agent has a right of possession of goods as security for payment.

4)The agent has the right to cancel all contracts entered on behalf of the principal.

questions 8

What is the reason to impose a duty on the agent to act personally and not to delegate?

1)The third party only deals with the agent authorised by the principal.

2)The relationship of trust and confidence between principal and agent.

3)The agent is specifically mentioned in the agency agreement.

4)The agent is expressly prohibited by principal from delegating his authority to another person.

questions 9

What is the presumption of law in an agency created by cohabitation?

1)The wife is living with her husband.

2)The husband has impliedly authorised the retailer to supply all goods to his wife.

3)The wife is entitled to pledge her husband's credit for the purchase of necessaries.

4)The wife was not sufficiently supplied with sufficient allowance to cover necessaries.

questions 10

Which of the following isNOTan exception to the general rule that discharge of a contract by performance must be exact and precise?

1)Substantial performance of the contract.

2)Frustration of the contract

3)Divisible contracts.

4)Acceptance of partial performance of the contract.

i do not need a detail explain, just answer will do (;