Question 1

Acceptance of an e-contract occurs when the buyer clicks on the 'Send' button.

Accepted Answer

A) True 
 B)False  False

Question 2

Which of the following is NOT required to bring a simple contract into existence?

Accepted Answer

A)  There must be genuine consent. 
B)  There must be an agreement. 
C)  There must be valuable consideration. 
D)  There must be a real intention to be bound. 
A)  There must be genuine consent. 
B)  There must be an agreement. 
C)  There must be valuable consideration. 
D)  There must be a real intention to be bound. A

Question 3

What is a quasi-contract?

Accepted Answer

A quasi contract refers to a contract that arises as a result of an agreement that is imposed by law such as third party car insurance, irrespective of whether there is an agreement between the parties. Quasi means 'like.'

Question 4

Which of the following statements is the best description of a 'voidable' contract?

Accepted Answer

A)  The contract remains valid and binding unless and until it is repudiated by the injured party. 
B)  There are no legal rights or obligations from the outset, and the contract cannot be enforced by either party. 
C)  While the contract is valid on its face, no legal action can be brought on it. 
D)  The purpose of the contract contravenes a statute or the common law. 
A)  The contract remains valid and binding unless and until it is repudiated by the injured party. 
B)  There are no legal rights or obligations from the outset, and the contract cannot be enforced by either party. 
C)  While the contract is valid on its face, no legal action can be brought on it. 
D)  The purpose of the contract contravenes a statute or the common law.

Question 5

A formal contract derives its validity from its form alone and does not require consideration to be present.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following statements is NOT correct in respect to determining when an agreement is a contract?

Accepted Answer

A)  It is generally not necessary that a contract be in writing to be enforceable. 
B)  The courts are not concerned with the intention of the parties as it is a private matter. 
C)  Sometimes the law implies the existence of a valid contract. 
D)  The parties in an agreement do not always intend to create legal relations. 
A)  It is generally not necessary that a contract be in writing to be enforceable. 
B)  The courts are not concerned with the intention of the parties as it is a private matter. 
C)  Sometimes the law implies the existence of a valid contract. 
D)  The parties in an agreement do not always intend to create legal relations.

Question 7

In the context of contract law, which of the following best describes the element of 'agreement'?

Accepted Answer

A)  Something of value passing from one party to another in return for a promise to do something. 
B)  An offer by one party and an acceptance by the other. 
C)  The parties must intend that their promises create legally enforceable obligations. 
D)  All of the above. 
A)  Something of value passing from one party to another in return for a promise to do something. 
B)  An offer by one party and an acceptance by the other. 
C)  The parties must intend that their promises create legally enforceable obligations. 
D)  All of the above.

Question 8

A valid contract is one which can be enforced by both parties.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following statements is the best definition of a 'formal contract'?

Accepted Answer

A)  A contract that does not require a special form but must have consideration present. 
B)  A contract created by conduct or the actions of parties. 
C)  A contract created by written or oral words. 
D)  A contract that requires a special form or method of creation. 
A)  A contract that does not require a special form but must have consideration present. 
B)  A contract created by conduct or the actions of parties. 
C)  A contract created by written or oral words. 
D)  A contract that requires a special form or method of creation.

Question 10

A bilateral contract is:

Accepted Answer

A)  An agreement creating mutual obligations. 
B)  The most common form of contract. 
C)  An exchange of promises. 
D)  All of the above. 
A)  An agreement creating mutual obligations. 
B)  The most common form of contract. 
C)  An exchange of promises. 
D)  All of the above.

Question 11

Which of the following is NOT an example of a contract?

Accepted Answer

A)  The payment of tax. 
B)  The hiring of an employee. 
C)  The purchase of food from a takeaway restaurant. 
D)  The lease of a house. 
A)  The payment of tax. 
B)  The hiring of an employee. 
C)  The purchase of food from a takeaway restaurant. 
D)  The lease of a house.

Question 12

A contract for the sale of land that is not evidenced in writing will be:

Accepted Answer

A)  Void. 
B)  Unenforceable. 
C)  Voidable. 
D)  Executory. 
A)  Void. 
B)  Unenforceable. 
C)  Voidable. 
D)  Executory.

Question 13

British and Australian courts over the centuries have been willing to extend and modify the rules of contract law to apply them to new technologies such as the telephone and facsimile. Why do you think that the application of contract law to online transactions required the passing of specific Electronic Transactions legislation?

Accepted Answer

The questi

Question 14

Which of the following is an essential element in determining the validity of a simple contract?

Accepted Answer

A)  Genuine consent. 
B)  Consideration. 
C)  Legality of purpose and form. 
D)  Legal capacity. 
A)  Genuine consent. 
B)  Consideration. 
C)  Legality of purpose and form. 
D)  Legal capacity.

Question 15

The decision in Lee Road Pty Ltd v Catanzariti & Anor [2005] SADC 64 was that an exchange of faxes was sufficient to satisfy the requirement for written evidence of a contract.

Accepted Answer

A) True 
 B)False

Question 16

In the context of an e-contract, acceptance of an offer takes place:

Accepted Answer

A)  When the offeree sends the message to the offeror. 
B)  When the offeror sends the message to the offeree. 
C)  When the offeror receives the message from the offeree. 
D)  When the offeree receives the message from the offeror. 
A)  When the offeree sends the message to the offeror. 
B)  When the offeror sends the message to the offeree. 
C)  When the offeror receives the message from the offeree. 
D)  When the offeree receives the message from the offeror.

Question 17

List and explain five things about your life which would be drastically different if the law of contract could not be used to enforce promises.

Accepted Answer

The questi

Question 18

What is the difference between a formal contract and a simple contract? Provide examples of each.

Accepted Answer

contracts of record contracts under seal

Question 19

The Australia Consumer Law has replaced the English common law as a source of law in Australia.

Accepted Answer

A) True 
 B)False

Question 20

For the creation of an apparent simple contract, intention, agreement and consideration must be shown to be present.

Accepted Answer

A) True 
 B)False

Exam 7: Introduction to Contracts

Acceptance of an e-contract occurs when the buyer clicks on the 'Send' button.

Which of the following is NOT required to bring a simple contract into existence?

What is a quasi-contract?

Which of the following statements is the best description of a 'voidable' contract?

A formal contract derives its validity from its form alone and does not require consideration to be present.

Which of the following statements is NOT correct in respect to determining when an agreement is a contract?

In the context of contract law, which of the following best describes the element of 'agreement'?

A valid contract is one which can be enforced by both parties.

Which of the following statements is the best definition of a 'formal contract'?

A bilateral contract is:

Which of the following is NOT an example of a contract?

A contract for the sale of land that is not evidenced in writing will be:

Which of the following is an essential element in determining the validity of a simple contract?

The decision in Lee Road Pty Ltd v Catanzariti & Anor [2005] SADC 64 was that an exchange of faxes was sufficient to satisfy the requirement for written evidence of a contract.

In the context of an e-contract, acceptance of an offer takes place:

List and explain five things about your life which would be drastically different if the law of contract could not be used to enforce promises.

What is the difference between a formal contract and a simple contract? Provide examples of each.

The Australia Consumer Law has replaced the English common law as a source of law in Australia.

For the creation of an apparent simple contract, intention, agreement and consideration must be shown to be present.

Legal Foundations

Origins of Australian Law

Legal Systems

How Law Is Made: Precedentstatute Law

Civil Liability: The Law of Torts and Negligence

Applications of Negligence to Business

Agreement Between the Parties

Intention to Create Legal Relations

Consideration

Capacity of the Parties

Genuine Consent

Is the Contract Legal

Terms of the Contract

Rights and Liabilities of the Parties, Discharge and Remedies

Remedies in Contract

Statutory Consumer Guarantees and the Australian Consumer Law

General and Specific Consumer Protections Under the Acl

Agency

Introduction to Companies and Incorporated Associations

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goods

Electronic commerce

Property and mortgages

Intellectual propert

Ethics and business practice

Criminal law in a business context

Restrictive trade practices

Negotiable instruments

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

Consumer Credit and Privacy

Ethics and Regulations in Marketing and Advertising

Filters