Week 12 Contracts PASS

Question 1

Which cases outline the 5 rules for implying a term on the basis of business efficacy?

Accepted Answer

BP Refinery (Westernpoint) Pty Ltd v Shire of Hastings, Codelfa v State Rail Authority

Question 2

Regarding the interpretation of contracts, what are some exceptions to the parol evidence rule?

Accepted Answer

all of the above

Question 3

Mere puff and representations can be regarded as...

Accepted Answer

Non-promissory statements

Question 4

The Sale of Goods Act 1896 (Qld) applies to goods, hires and leases

Accepted Answer

false

Question 5

Can you contract out of the provisions outlined in the Sale of Goods Act 1896 (Qld)?

Accepted Answer

Yes

Question 6

Collateral contracts must be consistent with the main contract

Accepted Answer

true

Question 7

A warranty goes to the "heart" of the contract

Accepted Answer

false

Question 8

Which of the following are types of terms?

Accepted Answer

all of the above

Question 9

Does a printed name suffice as a signature?

Accepted Answer

Yes

Question 10

Which section of the Property Law Act 1974 (PLA) states that guarantees must be in writing?

Accepted Answer

section 56

Question 11

A breach of a condition gives the innocent party the right to terminate the contract

Accepted Answer

true

Question 12

Regarding the content of contracts, which of these is an exception to the parol evidence rule?

Accepted Answer

all of the above

Question 13

What are the statutory exceptions to the general rule that third parties can't sue or be sued?

Accepted Answer

Insurance Contracts Act 1984 (Cth) - section 48, Property Law Act 1974 (Qld) - section 55

Question 14

A duty to cooperate is implied into all contracts

Accepted Answer

true

Question 15

Which of these contracts must be in writing?

Accepted Answer

contracts relating to land, guarantees

Question 16

All conditions are terms, but not all terms are conditions

Accepted Answer

true

Question 17

For a statement to be considered part of a collateral contract, there must be...

Accepted Answer

all of the above

Question 18

Which of these best describes an intermediate term?

Accepted Answer

A term that is capable of both major and minor breaches

Question 19

As discussed in Gibbons v Wright (1954), what is the test of capacity?

Accepted Answer

capacity to understand the transaction when it is explained

Question 20

Which section of the PLA states that contracts relating to land must be in writing?

Accepted Answer

section 59

Question 21

Which case states the 4 things needed so that an exemption clause can protect a third party?

Accepted Answer

Scruttons v Midland Silicones

Question 22

Is an indemnity considered a guarantee?

Accepted Answer

No

Question 23

Can you contract out of the consumer guarantees outlined in the Australian Consumer Law (ACL)?

Accepted Answer

No

Question 24

What test is applied when determining if a term is a condition?

Accepted Answer

test of essentiality

Question 25

A definition of 'warranty' can be found in which section of the Sale of Goods Act 1986 (Qld)?

Accepted Answer

section 3(1)

Question 26

Generally, third parties cannot sue or be sued

Accepted Answer

True

Question 27

A case authority for the test of essentiality is....

Accepted Answer

Tramways v Luna Park

Question 28

What are the common law exceptions to the general rule that third parties can't sue or be sued?

Accepted Answer

all of the above

Week 12 Contracts PASS

Questions 28

Week 12 Contracts PASS

Questions 28