BLAW212 EXAM QUESTIONS WITH CORRECT DETAILED ANSWERS ALREADY GRADED A+
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Course
BLAW212
Institution
BLAW212
BLAW212 EXAM QUESTIONS WITH CORRECT DETAILED ANSWERS ALREADY GRADED A+
Intoxication test - Answer-1. The IP proves that they were not able to appreciate what they were doing when entering into the contract as a result of being intoxicated
2. the other party was aware of the intoxicated state at ...
BLAW212 EXAM QUESTIONS WITH
CORRECT DETAILED ANSWERS
ALREADY GRADED A+
Intoxication test - Answer-1. The IP proves that they were not able to appreciate what
they were doing when entering into the contract as a result of being intoxicated
2. the other party was aware of the intoxicated state at the time the contract was
entered into
unconscionable bargains - Answer-One party to a transaction is at a disadvantage and
the other party is aware of this disadvantage and takes opportunity of it
Three elements of unconscionable bargains - Answer-1. Special disadvantage 2.
knowledge of disadvantage
3. victimisation
Special disadvantage - Answer-one party is in a position which affects their ability to
judge what is best for them
Knowledge of disadvantage - Answer-The stronger party is aware of the weaker party's
disadvantage
Victimisation - Answer-a) active distortion of a benefit (actively taking advantage)
b) passive acceptance of a benefit in unconscionable circumstances (knew about it and
proceeded to continue with transaction)
Possible remedies for unconscionable bargains - Answer-1. void of contract
2. both parties return to original position
Misrepresentation - Answer-A false statement of past or present fact made during
negotiations before a contract is made
Mere silence - Answer-will not account as misrepresentation. A party is not bound to
point out all known defects
opinion - Answer-opinion is not misrepresentation unless the giving of the opinion
implies facts that are not true
Half-truths - Answer-Half-truths will count as misrepresentations. A statement is true but
does not reveal the whole truth
Changes in facts after representation - Answer-Where the facts change after
representation and before the contract is entered into, you must inform the other party
of these changes
, misrepresentation elements - Answer-1. False statement of past or present fact
2. The false statement was material in inducing the party to enter the contract
3. purpose and intention
4. as a result of relying on the truth of the false statement that party suffered loss
Mistake - Answer-A mistake, whether of law or of fact
Unilateral mistake - Answer-the mistaken party was influenced to enter the contract by a
mistake that was material to that party and the mistake was known to the other party
common mistake - Answer-All the parties were influenced to enter the contract by the
same mistake
Mutual mistake - Answer-the complaining party and another party were both influenced
to enter the contract by different mistakes about the same matter
relief under section 28 (mistakes) - Answer-cancel the contract, vary the contract
Fair trading act 1986 - Answer-fair trading does not require a contract, so related to
everyone who has been misrepresented
Section 9 (FTA) - Answer-"No person shall, in trade, engage in conduct that is
misleading or deceptive or is likely to mislead or deceive"
Elements of section 9 (FTA) - Answer-1. Person
2. in trade
3. engage in conduct
4. Misleading or deceptive
Consequences of breach - Answer-Penalties and civil remedies: max fine for an
individual is $200,000
What is a contract? - Answer-A promise or set of promises which the law will enforce
Four elements of a contract - Answer-Offer, acceptance, intention to be bound,
consideration
Definition of offer - Answer-An offer is clear and unambiguous undertaking or promise to
be bound by specified terms which becomes binding upon acceptance
Invitation to treat - Answer-another party is invited to make an offer or enter negotiations
Revocation of offer - Answer-offers can be revoked before the acceptance of the offer
as long as its communicated to the other party
Rejection or Counteroffer - Answer-Both kills the original offer. Once the party has
rejected, they cannot go back on their word
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