Robert enters into a contract to purchase a retro video game from Scarlettr who lives in the United States of America, After the contract rs formed, but before dispatch of the game 5 due, the United States Postal Service suspends deliveries to Austratia. which of the following rs CORRECT? C a, The contract has been frustrated, because performance of the contract is now impossible, O b There is frustration here, if the use of a courier rm is signicantly more expensive than regular post a} c. There is no frustration here' because Scarlett has the option to use a courier rm rather than regular post. even though the is likely to be more expensive. 0 cl. There is no frustration here' because the change in circumstances occurred before performance was due. 1iI'ifhich of the following is CORRECT, in relation to anticipatory breach? 0 a. Anticipatory breach gives the innocent party the right to terminate the contract. C) b. Anticipatory breach is an indication that a contract will not be performed. before the time for performance has begun, ;.J c. Anticipatory breach is a type of repudiation. C d. All of the other options listed for this question are correct. Kylo is purchasing a new winter coat from Rey's online store. Which of the following is CORRECT in relation to this online contract? Select one: Q a. Roy's terms and conditions, made available on a different webpage to the one through which Kvlo places his order, will be binding. 0 b. Roy's terms and conditions, provided on the same webpage to the one through which Kylo places his order, will be binding. 2-. -.J c. Rey's terms and conditions are automatically binding, and do not need to be placed on her website. Q d. Roy's terms and conditions will only be binding if they are provided to Kvlo via a hyperlink Kit Kitchens has instalied several new kitchens for clients, and payment is clue upon completion of each installation, but it is discovered that some of the kitchens have defects that need xing. In which of the following situations would Kit Kitchens be most likely able to claim part of the contract price on the basis of substantial performance? Select one: Q a. The contract price is $4,000 and the cost of rectifying the defects is 92000. p \\. b The contract price is $3,500 and the cost of rectifying the defects is $200 0 c. Kit Kitchens would not be able to recover the contract price in any of the situations listed in this question because exact performance of the contract is required in all cases. 0 d The contract price is $1000 and the cost of rectifying the defects is $1500. If a contract between a social media influencer and a cafe does not set out the timeframe for when the social media influencer should be paid, a court may: Select one: O a. Make an order to immediately terminate the contract on the basis of it being an incomplete bargain. O b. Imply a term into the contract that the social media influencer's fees would be paid within a reasonable time. O c. Imply a term into the contract, but only if the implied term is not obvious for the purposes of the contract. O d. Only consider the express terms of the contract and determine that the social media influencer is not entitled to any payment because the timeframe was not set out expressly in the contract.In which of the following scenarios, involving the breach of a contract between Elaine and Charles, would a court be likely to order specific performance rather than awarding damages? Select one: O a. A contract where Elaine agrees to deliver office supplies to Charles for one year. O b. A contract for a musical performance by Elaine at Charles' work function. O c. A contract where Elaine agrees to sell a rare painting to Charles, for display in the boardroom at his office. O d. A contract where Elaine agrees to print brochures advertising Charles' business.Rey and Lando enter into a contract, under which Lando will provide strategic marketing advice for Rey's business. Lando fails to provide Rey with his advice at the time required under the contract, and Rey is disappointed by his failure to comply with the terms of their arrangement. Which of the following is CORRECT in relation to the damages Rey might seek for Lando's breach of contract? Select one: O a. Rey's damages will consist of expectation losses for both monetary loss suffered, and Rey's disappointment. O b. Rey's damages will consist of any expectation losses that are caused by Lando's breach and which are not too remote, but will not include compensation for her disappointment. O c. Rey's damages will primarily consist of compensation for her disappointment. O d. Rey's damages will consist of expectation losses relating to Lando's breach, and reliance losses relating to her disappointment.questions 11 -15 relate to the scenario about Hi-Tech Industries and Lost Stars Pty Ltd, set out below. These facts are the same for all of Questions 11 -15. Hi-Tech Industries is developing a new handheld personal computer systemi alloWing high-end computer gaming anywhere, anytime It negotiates with Lost Stars Pty Ltd, for the purchase of suitable electronic components. Betore signing the contract Hi-Tech Industries asks Lost Stars Pty Ltd whether thecentral processing unit selected can withstand hightemperatures. {It expects that its customers will use the new gaming dance in popular. and very hot, holidaydestinations.) Lost Stars Pty Ltd assures Hi-Tech Industries that it can. Hi-Tech Industries tells Lost Stars Pty Ltd that this is the decisive factor in its conclusion of the contract, as Lost Stars Pty Ltd's competitors could not proVide this assurance. Hi-Tech Industries signs the contract. but does not read it. The contract states that payment must be made in full, upon delivery of the electrical components [which are listed in the contract) in three months' time The contract does not contain any heat guarantees regarding the central processing units. After the computer system is released into the market, Hi- Tech Industries receives many reports of central processing unit failures from customers using the device in very hot regions of the world. In determining if Hi-Tech Industries and Lost Stars Ply Ltd have formed a legally binding contract. which of the following is CORRECT? Select one'. ..J a. The contract will become legally binding when Lost Stars Pty Ltd delivers the electrical components, as this will be the time at which consideration is prou'ided by both parties. '1 b. The contract will not be legally binding if Hi-Tech Industries did not read the contract before signing it. C' c. The contract will only become legally binding when Hi-Tech Industries pays lor the electronic components, as without payment being made there is no consideration. '0 d. The contract is immediately legally binding, as the exchange of promises by the parties to each do things in the future is good consideration Questions 11 -15 relate to the scenario about Hi-'I'ech Industries and Lost Stars Pty Ltd, set out below. These facts are the same for all of Questions 11-15. Hi-Tech Industries is developing a new handheld personal computer system, allowing high-end computer gaming anywhere, any time. It negotiates with Lost Stars Pty Ltd, for the purchase of suitable electronic components. Before signing the contract. Hi-Tech Industries asks Lost Stars Pty Ltd whether the central processing unit selected can withstand high temperatures. (It expects that its customers will use the new gaming deVice in popular. and very hot, holiday destinations.) Lost Stars Pty Ltd assures Hi-Tech Industries that it can. Hi-Tech Industries tells Lost Stars Pty Ltd that this is the decisive factor in its conclusion of the contract as Lost Stars Pty Ltd's competitors could not pIOVIdE this assurance. Hi-Tech Industries Signs the contract. but does not read it The contract states that payment must be made in full, upon delivery at the electrical components {which are listed in the contract] in three months' time. The contract does not contain any heat guarantees regarding the central processing units Alter the computer system is released into the market, Hi- Tech Industries receives many reports of central processing unit failures from customers using the device in very hot regions of the world Which oi' the following statements is INCORRECT? Select one: TJ a. Since contracts may be partly oral and partly written, Lost Stars Pty Ltd's oral statement about the engines may possibly be a term 01 the contract. 0 b. Hi-Tech Industries is bound by its Signature, unless the document signed did not appear to be contractual in nature (which does not: appear to be the case here). . J c. Hi-Tech Industries is bound by its signature, regardless of whether it read the contract or not. .3 d. Business contracts must be entirely in writing, and as a result, this contract cannot be partly oral and partly written. Questions 11-15 relate to the scenario about Hi-Tech Industries and Lost Stars Pty Ltd, set out below. These facts are the same for all of Questions 11-15. Hi-Tech Industries is developing a new handheld personal computer system, allowing high-end computer gaming anywhere, any time. It negotiates with Lost Stars Pty Ltd, for the purchase of suitable electronic components. Before signing the contract, Hi-Tech Industries asks Lost Stars Pty Lid whether the central processing unit selected can withstand high temperatures. (It expects that its customers will use the new gaming device in popular, and very hot, holiday destinations.) Lost Stars Pty Ltd assures Hi-Tech Industries that it can. Hi-Tech Industries tells Lost Stars Pty Ltd that this is the decisive factor in its conclusion of the contract, as Lost Stars Pty Ltd's competitors could not provide this assurance. Hi-Tech Industries signs the contract, but does not read it. The contract states that payment must be made in full, upon delivery of the electrical components (which are listed in the contract) in three months' time. The contract does not contain any heat guarantees regarding the central processing units. After the computer system is released into the market, Hi- Tech Industries receives many reports of central processing unit failures from customers using the device in very hot regions of the world. According to the parol evidence rule, which of the following statements is CORRECT? Select one: O a. The parol evidence rule allows parties to put forward evidence of oral promises made before and after written contracts are signed. For this reason, Lost Stars Pty Ltd's statement about the central processing units is incorporated into the contract. O b. Where contracts are in writing, and appear to be the parties' complete agreement, it is presumed that the written document is the entire agreement between the parties, and evidence that would add to, vary, or contradict the terms of the written document cannot be introduced by the parties. As a result, Lost Stars Pty Ltd's statement about the central processing units would be excluded from the written contract. O c. Since the parol evidence rule is always strictly applied, Lost Stars Pty Ltd's oral statement about the central processing units cannot be legally binding under any circumstances. O d. Signing a written document is conclusive proof of an intention to be bound, regardless of the nature of the document and regardless of whether or not the document was read. For this reason, Lost Stars Pty Ltd's oral statement is binding.Questions 11 -15 relate to the scenario about Hi-Tech Industries and Lost Stars Pty Ltd, set out below. These facts are the same for all at Questions 11 -15. Hi'Tech Industries is developing a new handheld personal computer system. allowing high-end computer gaming anywhere, anytime. It negotiates with Lost Stars Pty Ltd, for the purchase of suitable electronic components. Belore signing the contract. Hi-Tech Industries asks Lost Stars Pty Ltd whether thecentral processing unit selected can withstand hightemperatures. {It expects that its customers will use the new gaming device In popular. and \\ier},r hot, holiday destinations.) Lost Stars Pt).r Ltd assures Hi-Tech Industries that it can. Hi-Tech Industries tells Lost Stars Pty Ltd that this is the decisive factor in its conclusion ol the contract. as Lost Stars Pty Ltd's competitors could not provide this assurance. Hi-Tech Industries signs the contract. but does not read it. The contract states that payment must be made in full, upon deliveryI of the electrical components {which are listed in the contract) in three months' time The contractdoes not contain any heat guarantees regarding the central processing units After the computer system is released into the market, Hi- Tech Industries receives many reports of central processing unit failures Irom customers using the device in veryr hot regions of the ivor1d. Hi'Tech Industries may be able to establish that Lost Stars P'Iy Ltd's oral statement amounts to a collateral contract. Which of the following is CORRECT with respect to the collateral contract? Select one: C) a. The statement made by Lost Stars Pty Ltd must be promissory in nature and must have been intended have contractual effect for a collateral contract to exist. 0 b. The parol evidence rule would prevent Hi-Tech Industries from establishing a collateral contract. and as a result, its claim would be unsuccessful O c. Hi-Tech Industries agreeing to enter into the main contract is not good consideration for the collateral contract. Hi-Tech Industries must provide some additional consideration. even if it is nominal. for a valid collateral contract to exist. 0 d Lost Stars Pty Ltd's promise can be a term of the collateral contract even if it is found to contradict the terms of the main contract. if the circumstances are found to he exceptional. Questions 11-15 relate to the scenario about Hi-Tech Industries and Lost Stars Pty Lid, set out below. These facts are the same for all of Questions 11-15. Hi-Tech Industries is developing a new handheld personal computer system, allowing high-end computer gaming anywhere, any time. It negotiates with Lost Stars Pty Ltd, for the purchase of suitable electronic components. Before signing the contract, Hi-Tech Industries asks Lost Stars Pty Ltd whether the central processing unit selected can withstand high temperatures. (It expects that its customers will use the new gaming device in popular, and very hot, holiday destinations.) Lost Stars Pty Ltd assures Hi-Tech Industries that it can. Hi-Tech Industries tells Lost Stars Pty Ltd that this is the decisive factor in its conclusion of the contract, as Lost Stars Pty Ltd's competitors could not provide this assurance. Hi-Tech Industries signs the contract, but does not read it. The contract states that payment must be made in full, upon delivery of the electrical components (which are listed in the contract) in three months' time. The contract does not contain any heat guarantees regarding the central processing units. After the computer system is released into the market, Hi- Tech Industries receives many reports of central processing unit failures from customers using the device in very hot regions of the world. Applying the reasonable person test to see whether Lost Stars Pty Ltd's oral statement was promissory, which of the following is CORRECT? Select one: O a. Whether Lost Stars Pty Ltd is an experienced seller of electrical components is irrelevant, as courts will consider the circumstances as a whole objectively, and find that Lost Stars Pty Ltd's oral statement was just an opinion and therefore was not promissory. O b. The statement may be classified as promissory due to the close proximity of when it was made relative to when the contract was formed. O c. The statement was not important to Hi-Tech Industries in the overall context of the contract as Hi-Tech Industries needed to buy central processing units and this was its priority, so Lost Stars Pty Ltd's statement is less likely to be promissory. O d. The statement will be found to be promissory and a term of a collateral contract because it has been incorporated by giving reasonable notice, before the time at which the contract for the electrical components was made