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BLAW212 TEST QUESTIONS WITH ALL CORRECT ANSWERS GRADED A+

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BLAW212 TEST QUESTIONS WITH ALL CORRECT ANSWERS GRADED A+ Vicarious liability steps - Answer-1. Employer or Contractor 2. Link the tort with the job Vicarious liability - Answer-When a employer is responsible for the actions of an employee acting in the course of their employment. Employee or ...

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  • October 20, 2024
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  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • BLAW212
  • BLAW212
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BLAW212 TEST QUESTIONS WITH ALL
CORRECT ANSWERS GRADED A+

Vicarious liability steps - Answer-1. Employer or Contractor
2. Link the tort with the job

Vicarious liability - Answer-When a employer is responsible for the actions of an
employee acting in the course of their employment.

Employee or Independent contractor tests - Answer-1. the intention test
2. Control vs independence
3. The integration test
4. The economic reality test

Linking the tort with the job test - Answer-Close connection test

4 Core Areas of Insolvency Law - Answer-1. A system for efficient collection and
equitable distribution of an insolvents property amongst creditors
2. Provide relief for insolvent individuals
3. Providing means by which insolvent individuals and businesses can enter into a
binding compromise with creditors
4. Security enforcement procedures

De Facto Relationship - Answer-A shared life with a substantial degree of exclusivity in
a qualifying relationship

Factors of a qualifying relationship - Answer-- Duration
- Financial independence
- Property use of ownership
- Sexual Dimension
- Children
- Public status

Relationship Property - Answer-Includes the likes of family property, chattels, all
property owned jointly by a couple, and property owned immediately before marriage or
de facto relationship began.

Separate property - Answer-Is everything else that is not relationship property, meaning
you don't have to divided it when you separate.

Two ways of Bankruptcy - Answer-- Creditor application
- Debtor application

, Alternatives for liquidation - Answer-Receivership, amalgamation, compromises,
amalgamation and compromises by court order, and voluntary administation

Liquidation - Answer-A formal process in which a company's assets are sold off to pay
its debts

Section 35, Contract and commercial law act 2017 - Answer-States that a party to a
contract will be entitled for damages if they were induced to enter into the contract by
misrepresentation made by or on behalf of the other party

Section 9, Fair Trading Act 1986 - Answer-States no person shall, in trade, engage in
conduct that is misleading or deceptive, or likely to mislead or deceive

Section 21, Property law act - Answer-States that persons in a relationship may enter
into a agreement they think will fit with respect to the status, ownership, and division of
their property (including future property)

Section 24, Property Law Act - Answer-States that a contract for the disposition of land
is not enforceable by action unless the contract is in writing

Misrepresentation Section & Act - Answer-Section 35 of the contract and commercial
law act

Misrepresentation Law - Answer-A party to a contract will be entitled to damages they
was induced to enter into the contract by misrepresentation made by or on behalf of the
other party

Misrepresentation test - Answer-1. False statement of past or present facts
2. The statement was material in inducing the plaintiff into entering the contract
3. In reliance on the truth of the statement the plaintiff suffered a loss

Capacity Law & Section - Answer-Contract and commercial act 2017

Definition of a minor - Answer-Is under 18 years old

Exceptions of a minor - Answer-life insurance and employment contracts where minors
are considered below the age of 16

Minors capacity - Answer-Minors have no capacity to contract, and the contract
unenforceable against minors unless the court decides its fair and reasonable.

Fair Trading Act 1986 - Answer-focusses on consumer protection, and statements
made before goods and services have been exchanged.

Section 9 of the Fair Trading Act - Answer-No person shall, in trade, engage in conduct
that is misleading and deceptive or likely to mislead or deceive

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