BLAW 212 LAWS TEST QUESTIONS WITH ALL CORRECT ANSWERS
1 view 0 purchase
Course
BLAW 212 LAWS
Institution
BLAW 212 LAWS
BLAW 212 LAWS TEST QUESTIONS WITH ALL CORRECT ANSWERS
Test for Minors (Capacity) - Answer-- Minors have no capacity to contract
- Contract unenforceable against minor unless the court considers the contract was fair and reasonable at the time the contract was entered into
Test for Mentally Di...
BLAW 212 LAWS TEST QUESTIONS
WITH ALL CORRECT ANSWERS
Test for Minors (Capacity) - Answer-- Minors have no capacity to contract
- Contract unenforceable against minor unless the court considers the contract was fair
and reasonable at the time the contract was entered into
Test for Mentally Disordered People (Capacity) - Answer-1. The MDP proves that
she/he did not understand what he/she was doing when entering into the contract
because of the mental disorder; and
2. That the other party was aware at the time the contract was entered into of the
mental disorder.
Test for Intoxicated People (Capacity) - Answer-1. The IP proves that she/he was not
able to appreciate what he/she was doing when entering in to the contract as a result of
being intoxicated; and
2. That the other party was aware at the time the contract was entered into of the IP's
intoxicated state.
Test for Unconscionable Bargains - Answer-1. One party has a special disadvantage
that affects his ability to conserve his own interests
2. The Stronger party knows about the weaker party's special disadvantage
3. Victimisation
a) Active extortion of a benefit; and
b) passive acceptance of a benefit in an unconscionable circumstance
5 examples of a special disadvantage - Answer-- Poverty
- Sickness
- Age
_ mental illness
- Lack of education
- Drunkenness
- Illiteracy
- Language
Remedies for Unconscionable bargain - Answer-- Contract voidable at the option of the
weaker party
- Return parties to original position
- Replace contract with the deal they thought they were getting
What is Section 35 of Contract and Commercial Law Act 2017 for Misrepresentation? -
Answer-- A party to a contract will be entitled to damages if she/he was induced to enter
into the contract by a misrepresentation made by other party
, - Damages will be awarded as if the misrepresentation has been a term of the contract
that was broken
- It makes no difference whether or not the misrepresentation was made fraudulently or
innocently
What is the test for Misrepresentation? - Answer-- A false statement of past or present
fact
- The false statement was material in inducing the party to whom it was made to enter
the contract
- As a result of relying on the truth of the false statement that party suffered a loss
What are the three things that amount to a false statement - Answer-1. Half - truths
2. False or incorrect opinions
3. Changes in facts after representation
What are the two things that do not amount to a false statement? - Answer-1. Mere
silence
2. Honesty held opinions
Can misrepresentation be implied? - Answer-Yes, provided that a reasonable person
would have drawn a similar inference from the conduct
What is a mistake? - Answer-"A belief about a fact that is not in accord with the truth"
A Mistaken assumption or belief of past or present fact that exists before or at the time
of contracting
What is the test for a mistake? - Answer-- It was a belief about a fact that was not in
accord with the truth
- The mistake was material in inducing the party to enter into the contract
- Existence of the mistake was known to the other party
What is section 24 for when a court may Grant relief for a mistake? - Answer-A court
may Grant relief under any party to a contract if
- unilateral mistake; or
- common mistake; or
mutual mistake; and
substantially unequal exchange of value, benefit or obligation; and
the complaining party is not required to take on the risk
What is a unilateral mistake? - Answer-The mistaken party was influenced to enter into
the contract by a mistake that was material to that party; and
The mistake was known to the other party
What is a common mistake? - Answer-All the parties were influenced to enter the
contract by the same mistake
What is a mutual mistake? - Answer-The complaining party and at least one other party
were each influenced to enter the contract by different mistakes about the same matter
What does section 9 state of the fair trading act - Answer-No person shall, in trade,
engage in conduct that is misleading or deceptive or is likely to mislead or deceive
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller victoryguide. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $14.19. You're not tied to anything after your purchase.
