Business Law Week 1
Authored by Samuel Smeele
Financial Education
University
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15 questions
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1.
MULTIPLE SELECT QUESTION
20 sec • 1 pt
What are synonyms (the same words) for committing a tort?
Tortious Act
Claim for Breach of Tort
Make a Claim for a Breach of Tort
Guilty of Tort Breach
Showing a Tort Breach
Answer explanation
Guilty and Not Guilty are only found in criminal law
2.
MULTIPLE CHOICE QUESTION
20 sec • 1 pt
What type of legal test should you use here?
When determining a claim for the tort of battery, you must show that there was direct interference, that was reckless or negligent, and has no lawful justification
Elements Test
Factorial Test
Rebuttable Presumption Test
Or Test
But For Test
Answer explanation
If you're seeing a lot of and's, with all and's needing to be proven, then it's likely to be an elements test
3.
MULTIPLE CHOICE QUESTION
20 sec • 1 pt
What type of legal test should you use here?
When working out whether the parties intended to form a contract, the courts will assume that families did not intend to create legal relations unless there is evidence that suggests that there was a commercial flavour, such as seriousness and the contract being formed at arm's length.
Elements Test
Factorial Test
Rebuttable Presumption Test
Or Test
But For Test
Answer explanation
The courts will assume that there was no intention to creat legal relations - we then have to explore any evidence to the contray
4.
MULTIPLE CHOICE QUESTION
20 sec • 1 pt
What type of legal test should you use here?
When determining whether the defendant has breached their duty of care, the courts will assess the defendant's actions against a reasonable person by looking at the probability of harm, the standard of harm, the burden of taking precautions, and the social utility of the defendant's actions.
Elements Test
Factorial Test
Rebuttable Presumption Test
Or Test
But For Test
Answer explanation
We need to look at multiple things here, and then make a decision as to whether it was either a breach of their duty of care or not. Given we are exploring multiple factors that could go one way or another, it must be a factorial test
5.
MULTIPLE CHOICE QUESTION
20 sec • 1 pt
What type of legal test should you use here?
To show that the contract formed was a consumer contract under s3 of the ACL, the contract must be for under $100k, or be a contract that is ordinarily for household/domestic purposes, or be for a motor vehicle
Elements Test
Factorial Test
Rebuttable Presumption Test
Or Test
But For Test
Answer explanation
So many or's here, it's almost a mine!
6.
MULTIPLE CHOICE QUESTION
20 sec • 1 pt
What type of legal test should you use here?
Had the defendant not breached their duty of care in negligence, then the harm would not have occurred to the plaintiff
Elements Test
Factorial Test
Rebuttable Presumption Test
Or Test
But For Test
Answer explanation
Here, we have a counterfactual. We need to consider the counterfactual, and then decide whether the element is satisfied or not. This makes it a but for test
7.
MULTIPLE CHOICE QUESTION
20 sec • 1 pt
What type of legal test should you use here?
Other than passing a board resolution for an improper purpose, would a reasonable director have made the same decision?
Elements Test
Factorial Test
Rebuttable Presumption Test
Or Test
But For Test
Answer explanation
Sir Mix-a-Lot loves this test
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