Please type your answers on this exam paper and submit to Turnitin by
Friday, 26 June 2020 at 5:00pm AEST
BUS107 Commercial Law – T1 2020 – Final Examination Pape
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Part A – Multiple Choice – 10 Questions (1 mark each)
IMPORTANT: You must answer all 10 questions – highlight the co
ect answe
1. The courts will presume that a written contract which appears complete on its face contains the whole agreement and will not permit a party to add to or vary or contradict the written agreement. This is called the…
A. parol evidence rule
B. postal acceptance rule
C. business judgment rule
D. privity of contract rule
2. An injunction is a…
A. court order requiring a person to fulfil their agreement under a contract
B. remedy available where someone has benefited at the expense of someone else and it would be unjust to allow that person to keep the benefit
C. wa
anty in a contract with a mino
D. court order to stop a person
eaching their contract
3. The
each of what kind of contractual term gives the innocent party the right to terminate the contract and sue for damages?
A. An exemption clause
B. A wa
anty
C. A condition
D. A post contractual statement
4. What is an exemption clause?
A. A term not explicitly written or spoken but put into the contract by legislation
B. A term that limits the liability of one of the parties
C. A statement, promise, or representation made after the contract has been formed
D. A clause that specifies the amount of damages recoverable by one party if the other party
eaches the contract
5. Compensation or damages for
each of contract are viewed as…
A. monetary compensation awarded to punish the defendant for their actions
B. a ‘substitute’ for performance of the contract
C. an opportunity for the plaintiff to enrich themselves at the expense of the defendant
D. a reward given to the plaintiff for taking legal action
6. The test from the case of Donoghue v Stevenson that is applied to establish a duty of care between two people is called the…
A. neighbour test
B. reasonable person test
C. ‘but for’ test
D. rorschach test
7. What is the first element of negligence that must be proven by a plaintiff when suing a defendant in negligence?
A. The defendant
eached a condition of the contract
B. The defendant owed the plaintiff a fiduciary duty
C. The defendant owed the plaintiff a duty of care
D. The defendant is jointly liable for the wrongful acts of the partnership
8. For a plaintiff to be able to recover losses from a defendant in an action for negligence the losses must not be too remote. This means the losses must be …
A. not insignificant
B. apportioned between the plaintiff and the defendant
C. related to a recognised duty of care
D. reasonably foreseeable
9. What is the name of the state legislation that places a statutory cap on general damages for claims for personal injury and death?
A. Sale of Goods Acts
B. Civil Liability Acts
C. Partnership Acts
D. Contract Review Acts
10. Where a person is also careless regarding their own safety the court will apportion the negligence between the plaintiff and the defendant and award damages accordingly. This is called…
A. voluntary assumption of risk
B. negligent misstatement
C. contributory negligence
D. standard of care