WorksheetsWeek 11 quiz CC & P
Total questions: 15
Worksheet time: 8mins
A term is part of a contract
True
False
Which of the following two are not terms in a contract
Hearsay
Implied
Intentional
Express
Which terms below are often found in a contract
Sufficient description of the parties
Insufficient subject matter
Consideration for the promise
Special conditions
All of these
When a term of contract is unfulfilled what can the innocent party sue for.
Breach of trust
Breach of contract
Breach of decency
None of these
When a representation of contract is untrue what can the innocent party take action for.
Breach of trust
Breach of contract
Misrepresentation
None of these
Which four factors do courts look for when deciding whether a statement is a term or representation?
Importance of the statements
Expertise of the parties
Parole evidence rule
All of these
Time
What is an express term ?
Terms specifically mentioned and agreed by both parties when contract is made
Terms typically included in similar contracts
Terms that provide fairness and are equitable amongst the beneficiaries of the contract
None of these
What is an implied term ?
Terms that both parties prefer over expressed terms
Terms the law implies into the contract
Terms that are known commonly throughout the law community
All of these
Choose two types of implied terms
Common law
Statutes
Judgements
Agreements
What is an exclusion clause used for?
Limit responsibility for certain incidents
Fulfill responsibility for particular incidents
Remove responsibility for contractual issues
None of these
What terms are a party generally bound by once a contract is signed?
All terms
The terms that are fair
Unbiased terms
Conditions related to terms
When is rescission available to a party of a contract. Choose all correct options
Duress
Mistake
Undue influence
Misrepresentation
Unconscionable conduct
What were Westpac’s actions found to be of in the case of Westpac V Cockerill (1998)
Unconscionable
Mistake
Misrepresentation
None of these
In Blomley v Ryan (1956) what was Ryan’s condition that lead to a charge of Blomley’s unconscionable conduct.
Undue influence
Influential power imbalance
Under the influence
Non compos mentis
In Lloyds Bank V Bundy (1975) what action was Lloyds bank found guilty of in their treatment of Bundy who guaranteed his son’s business using his farm.
Undue influence
Mistake
Unconscionable conduct
All of these
