Question
true or false (with explanation) 20* Separation of powers involves government, Parliament, and the judiciary whereby power is distributedbetween all three entities to avoid too
true or false (with explanation)
20* Separation of powers involves government, Parliament, and the judiciary whereby power is distributedbetween all three entities to avoid too much power to be held by any one of them, essentially to avoidexcessive State control over citizens
21* In New Zealand a draft Act of Parliament is a Bill which passes through various stages of discussionand becomes law when signed by the British Queen's representative in NZ, the solicitor-general
22* A building contract over $20,000 in value is not legally enforceable unless it is in writing
23* Terms of a contract have to be made by prior express agreement as terms cannot be impliedinto a contract
24* A term that is necessary for business efficacy can be implied into a contract
25* If an agreement has been entered into in writing and both parties signed the agreement but oneparty did not willingly sign the agreement, the agreement is unenforceable
26* It automatically follows that if one party to an agreement has used its economic position topersuade the other party to agree to disadvantageous terms, that the agreement is not enforceable
27* Being in breach of a contract by not doing what a party agreed to do, makes a party liable to the otherparty in damages as money to compensate that party for the harm or loss caused by the breach
28* Once an agreement is made between two parties then providing there is an agreement for thepayment of some money, the agreement is always a legally enforceable contract
29* The element of "consideration" in a contract means that the parties have thought about it and haveconsidered their intentions under the agreement
30* An agreement may have the basic components of a contract but unless there was an intention tocreate legal relations when it was made, it is not a legally enforceable agreement
31* Capacity to contract concerns a party's mental ability to be able to know what they are doing whenmaking a contract for example by reason of age or mental state, either permanent or temporarytherefore it is impossible to make a legally binding contract after drinking alcohol
32* A deed is an agreement made in a specific form which, unlike a contract, can create legallybinding obligations without the presence of consideration
33* Before legislation changed the position, an advertisement offering to sell an article at a certainprice did not bind the seller to have to sell at the advertised price because it was not an offer butwas only an invitation to treat inviting the buyer to offer to buy at the advertised price which theseller could accept or reject
34* If an offer is accepted by post then the 'postal rule' says the offer is accepted when the letteris put into the letter box by the offeree regardless of whether the offeror ever received that letter
35* Even if the Courts consider the parties real intention was to enter into a binding agreement unlessthe nature of the agreement is 100% certain on every point they will not enforce an agreement
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