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Week 9 quiz CC & P

Total questions: 20

Worksheet time: 10mins

Name
Class
Date
1.

In the case “Dunlop Pneumatic Tyre Co. v Selfridge (1915)” What was the relevance to contracts?

a)

Only parties to contracts are entitled to enforce conditions of contract

b)

All parties affected by a contract can enforce conditions of contract

c)

Parties once removed from a contract can influence contract outcomes

d)

None of these

2.

What is the main point in the case Beswick v Beswick (1968)?

a)

Specific performance may be ordered in lieu of nominal damages to produce a just result for a third party

b)

Performance can never be enforced for an injustice to a third party

c)

Third party to a contract has the same entitlements as the main parties to a contract

d)

All of these are correct in different circumstances

3.

What is a contract?

a)

An unspoken understanding that two parties want to contract

b)

Set of promises that are legally enforceable

c)

A set of promises between like minded business partners

d)

None of these

4.

Are all promises enforceable?

a)

Yes

b)

No

c)

If they are between known identities

d)

If they are between trusted family members

5.

What is the main function of contracts?

a)

Create rules for business operation

b)

Use the legal systems skills for controlling business

c)

Facilitate trade

d)

Create trade impediments

6.

What was the issue with traditional contracts prior to the 20th century?

a)

All parties to contracts had equal power

b)

Large corporations could obtain stronger bargaining positions

c)

Small companies could rescind contracts without cause

d)

None of these

7.

When does tort and contract law overlap?

a)

Breach of contract

b)

At the creation of a contract

c)

During contemplation of consideration in a contract

d)

During contract implementation

8.

Which of the following is not critical for a legitimate “offer and acceptance”?

a)

Offer can be inferred

b)

Offer must be communicated

c)

Acceptance must be precise to the offer

d)

None of these

9.

What is consideration in terms of a contract

a)

Something offered that has value

b)

Something that is legal

c)

Money

d)

Services

e)

All of these

10.

What is an intention in a contract

a)

Parties mean to enter legal relations

b)

Parties have good intentions to agree on a business matter

c)

Parties intentionally meet to discuss contracts

d)

None of these

11.

Which of the following do NOT have the legal capacity to contract.

a)

Intoxicated

b)

Under 18

c)

Insane

d)

All of these

12.

Choose all those below that could make a contract inactionable

a)

Misrepresentation

b)

Unconscionable

c)

Undue pressure to contract

d)

None of the above

13.

Select the objects of agreement below that would make a contract illegal

a)

People smuggling

b)

Illicit drugs

c)

Therapeutic Pharmaceutical

d)

Weapons components

14.

Do contracts have to be in writing?

a)

No

b)

In some circumstances

c)

Yes

d)

In all circumstances

15.

Are contract clauses legally binding if they have not been read?

a)

No

b)

Yes

c)

Yes, if they sign the contract and knew the clause was there but did not read them

d)

Yes, if they are fair to both parties

16.

What is a condition of a contract

a)

A term of fundamental importance to the contract

b)

A term of low importance to a contract

c)

The circumstance in which a contract must be carried out

d)

None of these

17.

Before entering a contract what are some of the things you should be wary of?

a)

Ensure all six contract essentials are present

b)

Understand implied terms

c)

Understand privity of contract

d)

All of these

18.

Which of the following is not a formal contract?

a)

Oral agreement

b)

Written agreement

c)

Registered lease deed

d)

Hire purchase agreement

19.

What is a divisible contract?

a)

One in which one part’s obligation are dependent on the other party’s performance.

b)

One in which one party’s obligations are independent on the other party’s performance

c)

One in which one party’s obligations are dependent on are third party’s performance

d)

None of these

20.

What is a severable contract?

a)

Where consideration is apportioned to work done and payment is not reliant on other portions being complete

b)

Where consideration is apportioned to works contemplated but not yet complete

c)

Where consideration is apportioned to a schedule and no payments are made until the entire contract has been fulfilled

d)

None of these