BLAW212 1ST HALF EXAM QUESTIONS AND ANSWERS (VERIFIED ANSWERS) WITH RATIONALES GRADED A+
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BLAW212 1ST HALF
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BLAW212 1ST HALF
BLAW212 1ST HALF EXAM QUESTIONS AND ANSWERS (VERIFIED ANSWERS) WITH RATIONALES GRADED A+
misrepresentation elements - Answer-1. A false statement of past or present fact.
2. the false statement was material in inducing the party to whom it was made to enter the contract.
3. As a result of relyin...
BLAW212 1ST HALF EXAM QUESTIONS
AND ANSWERS (VERIFIED ANSWERS)
WITH RATIONALES GRADED A+
misrepresentation elements - Answer-1. A false statement of past or present fact.
2. the false statement was material in inducing the party to whom it was made to enter
the contract.
3. As a result of relying on the truth of the false statement that party suffered a loss.
mere puff - Answer-not actionable in representation
mere silence in mispresentation - Answer-will not generally be misrepresentation as a
party is not bound to point out all known defects
opinion - Answer-not misrepresentation unless the given of the opinion in the
circumstances implies facts that aren't true
half truths - Answer-will be misrepresentation
false statement to a third party - Answer-not misrepresentation unless they know it will
be passed on
misrepresentation remedies - Answer--damages
-contract cancelled
-return of parties to pre contract position
self induced frustration - Answer-where frustrating events arises from conscious act or
omission
frustration consequences - Answer-- common law= contract discharged at time of
frustrating event
-failure of consideration total = quantum merit of money paid
-failure of consideration not total= no recovery
quantum merit - Answer-a reasonable sum of money to be paid for services rendered or
work done when the amount due is not stipulated in a legally enforceable contract.
, sect 6 contractual mistakes act - Answer-possible relief if
-unilateral mistake
-common mistake
-mutual and unequal exchange of value/benefit
unilateral mistake - Answer-party influenced to enter into a contract by mistake that was
material to the party and the mistake was know by the other party
common mistkae - Answer-all parties are influenced to enter into contract by the same
mistake
mutual mistake - Answer-the parties are influenced to enter into the contract by different
mistakes on the same matter
risk - Answer-complaining party is not required to take on the risk
inequality in value - Answer-substantially unequal exchange of value
exclusion clause - Answer-a term of a contract that seeks to exclude or limit liability of a
party to that contract
sale of goods act contracting out - Answer-you can opt out provided it is in the terms of
the sale
sale of goods act - Answer-makes sure sale of goods is fit for the purpose and matches
description
consumer guarantees act - Answer-applies to the sale of goods and services for
domestic use to ensure guarantees and warranties
consumer guarantees act opting out - Answer-criminal offence to opt out with large fines
elements of exclusion clauses at common law - Answer-1. the clause is part of the
agreement
2. the exclusion is wide enough to cover the breach
2 types of notice - Answer-1. actual
2. construction
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