BLAW212 Test Questions with All Correct Answers

BLAW212 Test Questions with All Correct Answers Misrepresentation Section & Act - Answer-Section 35 of the contract and commercial law act Misrepresentation Law - Answer-A party to a contract will be entitled to damages they was induced to enter into the contract by misrepresentation made by or on behalf of the other party Misrepresentation test - Answer-1. False statement of past or present facts 2. The statement was material in inducing the plaintiff into entering the contract 3. In reliance on the truth of the statement the plaintiff suffered a loss Capacity Law & Section - Answer-Contract and commercial act 2017 Definition of a minor - Answer-Is under 18 years old Exceptions of a minor - Answer-life insurance and employment contracts where minors are considered below the age of 16 Minors capacity - Answer-Minors have no capacity to contract, and the contract unenforceable against minors unless the court decides its fair and reasonable. Fair Trading Act 1986 - Answer-focusses on consumer protection, and statements made before goods and services have been exchanged. Section 9 of the Fair Trading Act - Answer-No person shall, in trade, engage in conduct that is misleading and deceptive or likely to mislead or deceive Test for Section 9 of the Fair Trading Act - Answer-1. Needs to be a person 2. The person needs to be in trade 3. Have engaged in conduct 4. Misleading and deceptive, or is likely to mislead or deceive Fair Trading Act Remedies - Answer-- Refunds - Repairs - Return of property - Order to provide services - Injunctions - Contract void Unconscionable bargains - Answer-the vitiating factors that affect the validity of the contract. the contract is on that is clearly unfair and harsh. This leads to on one party having a special disadvantage Test for unconscionable bargains - Answer-1. Special disadvantage 2. Knowledge of the disadvantage 3. Victimisation: Active extortion or passive acceptance Examples of special disadvantage - Answer-Poverty, Need, Sickness, Age, Mental illness, Drunkenness, Lack of education, Illiteracy, Language Formation of a contract - Answer-Offer, Acceptance, Intention to be bound, consideration Difference between executed and executory consideration - Answer-Executed consideration is when something is given or done at the moment the contract comes into existence, and executory consideration is when it is a promise to do something or not to do something in the future Doctrine of Part Performance - Answer-A legal doctrine that allows a court to enforce an oral agreement that should have been in writing, when one party has taken irrevocable steps to perform his or her side of the bargain, and failure to enforce the contract would result in an unjust benefit for the other party. Doctrine of part performance test - Answer-1. Is there an enforceable agreement but for section 24 of the property law act 2. Has there been part performance of the oral agreements 3. Do the circumstances in which part performance took place make it unconscionable for the defendant to take advantage of section 24 of the property law act. Unilateral Mistake - Answer-Where the mistaken party was influenced to enter into the contract by mistake that was material to that party, and the mistake was known by the other party Common mistake - Answer-Where all parties are influenced to enter into the contract by the same mistake Mutual mistake - Answer-Where the complaining party and at least one other party were influenced to enter the contract by different mistakes about the same matter Mistake reliefs - Answer-Cancel contract, vary contract, compensation, vesting of property Vicarious liability steps - Answer-1. Employer or Contractor 2. Link the tort with the job Vicarious liability - Answer-When a employer is responsible for the actions of an employee acting in the course of their employment. Employee or Independent contractor tests - Answer-1. the intention test 2. Control vs independence 3. The integration test 4. The economic reality test