Contract Law
Textbook Exam Questions
Course Introduction
Contract Law introduces students to the foundational principles and doctrines governing legally enforceable agreements. The course explores the elements required to form a valid contract, including offer, acceptance, consideration, and mutual assent, as well as issues related to capacity and legality. Topics such as contract interpretation, the role of writing and formality, remedies for breach, and defenses to enforcement are examined. Through case analysis and practical examples, students learn how contract law shapes transactions in both personal and commercial contexts, gaining essential skills for legal practice and understanding the broader implications of contractual obligations.
Recommended Textbook Business Law 9th Edition by Andy Gibson
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Page 2
Chapter 1: Legal Foundations
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Q1) The main objective of criminal law is to seek compensation for the victim.
A)True
B)False
Answer: False
Q2) Which of the following are examples of the types of law that would be litigated by individuals in State Courts?
A) Contract law.
B) Tort law.
C) Property law.
D) All of the above.
Answer: D
Q3) Equity is a system of fairness that applies to all legal disputes in Australia.
A)True
B)False
Answer: False
Q4) Roman law, Canon law and Merchant law are major sources of English law.
A)True
B)False
Answer: False
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Chapter 2: Origins of Australian Law
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Q1) Native title is a grant or right created by government.
A)True
B)False
Answer: False
Q2) What significant changes were brought about by the Australia Act 1986 (Cth)?
Answer: The Australia Act 1986 (Cth), was one of the Acts that repealed the Colonial Laws Validity Act 1865, and abolished what was known as the 'repugnancy rule' which meant that a state law which was inconsistent with an English Law was invalid. Since 1986, no statutes passed by the English Parliament have any effect on the Commonwealth or the States. The legislation also abolished the right of appeal to the Privy Council from the State Supreme Courts, thus breaking the last direct link with the English legal system and completed the process of constitutional development.
Q3) When a Commonwealth act clashes with a State act, the State act must be followed.
A)True
B)False
Answer: False
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4
Chapter 3: Legal Systems
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Q1) What is the monetary limit in the Queensland District Court in civil matters?
A) $750,000.
B) $250,000.
C) $50,000.
D) $100,000.
Answer: A
Q2) Consumer claims under the Australian Consumer Law are dealt with by the Australian Competition and Consumer Tribunal.
A)True
B)False
Answer: False
Q3) Explain the difference between a Court of first instance and a Court of appeal.
Answer: The difference between a court of first instance and an appellate court, is that the appeal court has appellate jurisdiction, that is to hear appeals from other courts, whereas a court of first instance has original jurisdiction, because it is the court to which the dispute or issue is taken for the first time.
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Chapter 4: How Law Is Made: Precedentstatute Law
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Q1) Which of the following statements is NOT an advantage of the doctrine of precedent?
A) It is fairer and more equitable to follow precedent than to not follow precedent.
B) The use of precedent promotes consistency in the law.
C) The use of precedent promotes certainty in the law.
D) Precedent may not be relevant to today's circumstances but still has to be followed.
Q2) Explain the doctrine of <i>res judicata.</i>
Q3) Which of the following statements best reflects the translation of the term 'ratio decidendi'?
A) 'A matter which has been adjudicated upon.'
B) 'The reason for the decision.'
C) 'Let the decision stand.'
D) 'A saying by the way.'
Q4) List some of the advantages and disadvantages of the doctrine of precedent.
Q5) Obiter dictum can never be a binding precedent.
A)True
B)False
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Chapter 5: Civil Liability: The Law of Torts and Negligence
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Q1) An action in tort may become 'statute barred' if more than 3 or 6 years (in some cases even less) have passed (depending upon the type of tort) since the date the tort was committed or the damage incurred. Why does the law impose these time limits? Do you think they are fair?
Q2) A participant in a sport or recreational activity where there are known potential risks of serious injury is generally owed:
A) A more extensive duty of care by the organiser.
B) The same duty of care as anyone else.
C) No duty of care by the organiser.
D) A limited duty of care by the organiser.
Q3) In the case of <i>Donoghue v Stevenson</i> [1932] AC 562, why did Donoghue sue Stevenson in negligence and not contract?
A) The contract between Stevenson and Donoghue expressly excluded liability.
B) There was no contract between Donoghue and Stevenson.
C) The law of contract cannot be used to recover compensation for personal injury.
D) The contract was between Donoghue and the retailer.
Q4) Who is the reasonable person and why is he/she so important in an action for negligence?
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Page 7
Chapter 6: Applications of Negligence to Business
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Q1) Which of the following is NOT a factor a court must take into account in deciding whether a public authority has breached its duty of care?
A) Evidence of compliance with general procedures.
B) The financial and other resources reasonably available to the authority.
C) The broad range of the authority's activities.
D) Whether they are in occupation or control of the premises.
Q2) In which case did the House of Lords first suggest that a negligent misstatement could give rise to an action for financial loss?
A) Donoghue v Stevenson [1932] AC 562.
B) L Shaddock & Associates v Parramatta City Council (No 1) (1981) 150 CLR 225.
C) Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465.
D) Esanda Finance Corporation v Peat Marwick Hungerfords (1997) 71 ALJR 448.
Q3) To establish a case of occupier's liability, a plaintiff must establish that:
A) The hazard was in the nature of a 'trap' and not obvious.
B) The defendant was negligent in not putting some protection in place or giving a warning.
C) The defendant has occupation or control of the land or structure.
D) All of the above.
Q4) What is a non-delegable duty of care?
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Chapter 7: Introduction to Contracts
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Q1) In the context of an e-contract, acceptance of an offer takes place:
A) When the offeree sends the message to the offeror.
B) When the offeror sends the message to the offeree.
C) When the offeror receives the message from the offeree.
D) When the offeree receives the message from the offeror.
Q2) A contract is always an agreement but an agreement is not always a contract.
A)True
B)False
Q3) The formation of an e-contract is identical to a conventional contract.
A)True B)False
Q4) Under a void contract there are no legal rights or obligations.
A)True
B)False
Q5) The decision in <i>Lee Road Pty Ltd v Catanzariti & Anor</i> [2005] SADC 64 was that an exchange of faxes was sufficient to satisfy the requirement for written evidence of a contract.
A)True
B)False
Q6) What is a quasi-contract?
Page 9
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Chapter 8: Agreement Between the Parties
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Q1) An offer may be made to the world at large.
A)True
B)False
Q2) In respect to a purported contract an offer made to a person is ineffective if:
A) It is made to a group of people without specifying who in the group can accept the offer.
B) It is not brought to the notice of the person to whom it is directed.
C) It is made to the whole world.
D) It is not made in writing.
Q3) Which of the following situations is likely to be seen as an offer rather than as a mere invitation to treat?
A) A poster advertising Business Law at a reduced price.
B) An email containing the question 'Can I buy your copy of Business Law for $50?'
C) A copy of Business Law in the window of a book shop with a price tag attached to it.
D) A catalogue containing a description of Business Law and the statement 'Special offer!'.
Q4) List the ways in which an offer may be terminated.
Q5) What is the purpose of an option?
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Chapter 9: Intention to Create Legal Relations
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Q1) What is the courts' rationale for presuming that agreements made between parties in a commercial context are intended to be legally binding? Is this a fair presumption?
Q2) A volunteer worker may not be covered for workers compensation because:
A) They are not an employee.
B) They are unlikely to work on a regular basis.
C) They are working under a domestic agreement.
D) They only work for non-profit organisations.
Q3) The case of Ermogenous v Greek Orthodox Community of South Australia Incorporated (2001) 209 CLR 95 is authority for the principle that:
A) Intention to create an enforceable agreement remains an essential precondition to contractual liability in Australia.
B) The category of social or domestic agreements now includes religious institutions.
C) The existence of intention to create an enforceable agreement is a question of fact.
D) Intention to create an enforceable agreement is no longer an essential precondition to contractual liability in Australia.
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Chapter 10: Consideration
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Q1) The doctrine of promissory estoppel:
A) Can be used to commence a civil action but not as a defence to a civil action.
B) Can be used to either commence or defend a civil action.
C) Can be used as a defence to a civil action, but not to commence a civil action.
D) All of the above.
Q2) To what extent has the doctrine of promissory estoppel made the requirement that all simple contracts be supported by consideration irrelevant?
Q3) A promise to accept a lesser sum in satisfaction of a greater sum will be enforceable if it is contained in a deed.
A)True
B)False
Q4) Which of the following is NOT an element of promissory estoppel?
A) The defendant is responsible for creating the assumption.
B) An assumption in the mind of the plaintiff.
C) The defendant's statements were vague and ambiguous.
D) The plaintiff relied upon the assumption to his detriment.
Q5) Explain what is meant by the expression 'valuable consideration.'
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Page 12
Chapter 11: Capacity of the Parties
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Q1) The beneficiaries in O'Connor v Hart [1985] 1 NZLR 159 were unable to have the contract set aside because:
A) The beneficiaries were not mentally unsound.
B) The beneficiaries were not aware that the farmer was mentally unsound.
C) The beneficiaries could not establish that Hart was mentally unsound and that the other party was aware or should have been aware of this.
D) None of the above.
Q2) In what circumstances will a person be able to repudiate a contract entered into while intoxicated?
A) The other party knew or should have known that the person was so intoxicated that they were incapable of understanding the nature of the contract.
B) The person was so intoxicated that they were incapable of understanding the nature of the contract.
C) The contract is not one for necessaries.
D) All of the above.
Q3) Do all persons, natural and legal, have full contractual capacity to enter into contracts?
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Page 13
Chapter 12: Genuine Consent
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Q1) Which of the following statements is the best description of a 'negligent' misrepresentation?
A) A false statement of fact made knowingly, which the other person relies upon and suffers loss.
B) A false statement of fact made carelessly, which the other person relies upon and suffers loss.
C) A false statement of fact made with the belief that it is true, which the other person relies upon and suffers loss.
D) Silence or non-disclosure about a fact which creates a false impression.
Q2) Which of the following statements are capable of being representations?
A) Statements of opinion.
B) Statements of fact.
C) Statements as to future conduct or intention.
D) Statements of law.
Q3) A common mistake involves genuine agreement between the parties.
A)True
B)False
Q4) Explain the difference between duress and undue influence.
Q5) Explain the difference between innocent and fraudulent misrepresentation.
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Chapter 13: Is the Contract Legal
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Q1) The courts adopt a different approach depending upon the circumstances in which a restraint may be imposed. Discuss.
Q2) When a contract is legal at its creation but subsequently becomes illegal:
A) Remedies are never available to the guilty party.
B) Remedies are available to the guilty party as long as the innocent party receives their remedies first.
C) Remedies are sometimes available to the guilty party.
D) Remedies are always available to the guilty party.
Q3) An employee in possession of secret information belonging to their employer is under a duty to keep it secret.
A)True
B)False
Q4) A contract may be lawful but failure to perform the contract in the prescribed manner may render the contract illegal.
A)True
B)False
Q5) How can the court's willingness to declare a contract illegal or void at common law be reconciled with the courts' determination to respect the notion of 'freedom of contract'?
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Chapter 14: Terms of the Contract
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Q1) Why was the plaintiff unsuccessful in the case of Poussard v Spiers & Bond [1876] 1 QBD 410?
A) The term was an innominate term, and the breach was not serious enough to entitle the other party to repudiate.
B) The term which had been breached was a warranty because it was subsidiary to the main purpose of the contract.
C) The term which had been breached was a condition because the breach had a serious effect on the contract.
D) The term which had been breached was a condition because the term was essential to the contract and the other party would not have entered into the contract without it.
Q2) An intermediate or innominate term is neither a condition nor a warranty. A)True B)False
Q3) Courts traditionally interpreted exclusion clauses contra proferentem, or against the interests of the person seeking to rely on it. Why did the courts take this approach, and to what extent has it been displaced by alternative approaches?
Q4) Explain and distinguish between a condition and a warranty.
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Page 16
Chapter 15: Rights and Liabilities of the Parties, Discharge and Remedies
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Q1) The decision of the court in Cutter v Powell (1795) 101 ER 573 was that:
A) The contract was divisible and the widow could recover the proportion of the contract amount equal to the number of days that Cutter had completed before he died.
B) The contract was entire and hence the widow could recover nothing.
C) Cutter's death terminated the contract and the contract was therefore void.
D) The widow of the deceased was entitled to payment based on a quantum meruit.
Q2) Payment of money due under a contract must be made to the other party at its normal place of business or as directed by the contract.
A)True
B)False
Q3) An assignment of a debt at common law requires:
A) Clear evidence of intention plus consideration from the assignee to the assignor.
B) A debt cannot be assigned at common law.
C) Notice to the debtor plus consideration from the assignee to the assignor.
D) An assignment in writing signed by the assignor.
Q4) What factors must be present in order for a contract to be discharged by frustration?
Q5) Describe the quantum meruit rule and when it arises.
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Chapter 16: Remedies in Contract
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Q1) Which of the following statements is the best description of the object of damages for breach of contract?
A) To put the parties into the position they would have been in if the contract had been performed.
B) To restore the parties to their pre-contractual position.
C) To put the parties into the position they were in before the contract was breached.
D) To punish the person responsible for the breach.
Q2) Which of the following statements is the best description of a 'mareva' injunction?
A) A court order restraining the defendant from removing or disposing of assets until the court makes a decision.
B) A court order requiring the person to perform some contractual obligation.
C) A court order preventing a breach of contract.
D) A court order which freezes the status quo between the parties until the dispute can be heard by the court.
Q3) What is the purpose of rescission?
Q4) What is meant by the term 'damages'?
Q5) What is a penalty?
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Page 18
Chapter 17: Statutory Consumer Guarantees and the Australian Consumer Law
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Q1) Which of the following signs is unlawful under s 64 of the Australian Consumer Law?
A) We replace but do not refund.
B) No refunds.
C) No refund if you change your mind.
D) We repair or replace but do not refund.
Q2) What are the implied guarantees that must be included in every agreement by a manufacturer to supply goods to a consumer?
Q3) Which of the following services are NOT covered by the consumer guarantees in the Australian Consumer Law?
A) Telecommunications.
B) Electricity.
C) Gas.
D) All of the above.
Q4) The guarantee that spare parts and repair facilities must be reasonably available applies to the supplier as well as the manufacturer.
A)True
B)False
Q5) Under the Australian Consumer Law, who is a consumer?
Page 19
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Chapter 18: General and Specific Consumer Protections
Under the Acl
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Q1) You have booked a holiday home through Accommodation Noosa Pty Ltd twelve months in advance. However, when you arrive at the Accommodation Noosa office to pick up the key, you are told that there has been an unfortunate double booking error, and the holiday home you had booked is no longer available. Accommodation Noosa offers you an alternative holiday home, but it is not as appealing as your original choice. Can you use s 18 of the Australian Consumer Law to bring an action against Accommodation Noosa?
Q2) What was the reason for the decision in Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191?
A) The target audience of the conduct would not be misled into thinking there was a connection between the two products.
B) A purchaser could be misled if someone removed the labels without the manufacturer's knowledge.
C) The products were clearly labelled so there was nothing more the manufacturer could do.
D) The conduct could cause consumers to wonder if the products were made by the same manufacturer.
Q3) What is the main purpose of the Australian Consumer Law?
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Chapter 19: Agency
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Q1) Which of the following is an example of termination of an agency by operation of law?
A) Performance of the agent's task.
B) Completion of a specific purpose or act.
C) Revocation of the agent's authority.
D) Acceptance of a secret commission by the agent.
Q2) An agent must always act in person & never delegate.
A)True
B)False
Q3) Agency is a fiduciary relationship.
A)True
B)False
Q4) An independent contractor can never create an agency relationship with the person who engages them.
A)True
B)False
Q5) The reason for the classification of agents is to determine the actual extent of an agent's authority.
A)True
B)False
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Chapter 20: Introduction to Companies and Incorporated Associations
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Q1) What is a prospectus?
Q2) Which of the following statements is NOT true?
A) ASIC initiates civil and criminal action for breaches of the Corporations Act 2001 (Cth).
B) ASIC Monitors and promotes market integrity.
C) ASIC monitors compliance with accounting standards.
D) ASIC investigates breaches of Australian law that relates to a company.
Q3) Which of the following is NOT an advantage of incorporation for members of an association?
A) The association can enter into contracts.
B) The association is permitted to distribute its profits to members.
C) The association can sue and be sued in its own name.
D) The association has perpetual succession.
Q4) The inclusion of the letters 'Pty' in the name of a company means that the company is:
A) A larger proprietary company.
B) A proprietary company.
C) A smaller proprietary company.
D) All of the above.
Q5) What is meant by the term 'share capital'?
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Chapter 21: Partnerships
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Q1) Partnerships must be associations formed with a view to profit.
A)True
B)False
Q2) Property of a partner used for the purpose of the partnership business automatically becomes partnership property.
A)True
B)False
Q3) According to the Partnership Acts, the liability of partners in contract is severable.
A)True
B)False
Q4) What is the liability of a 'limited' partner?
A) Limited partners are liable for the debts of the partnership beyond their capital contribution.
B) Limited partners have unlimited liability for the debts of the partnership.
C) Limited partners are not liable for the debts of the partnership beyond their agreed capital contribution.
D) Limited partners have no liability for the debts of the partnership.
Q5) What is a joint venture?
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Page 23
Chapter 22: Choosing a Business Entity
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Q1) Which of the following statements about a sole trader is NOT true?
A) Most small businesses fail within the first five years of their establishment.
B) The death of the sole trader usually means the death of the business.
C) The degree of personal involvement by the sole trader can make the business difficult to sell.
D) Sole traders have limited liability for the debts of the business.
Q2) Which of the following is NOT one of the duties of a trustee?
A) Preserve the trust property.
B) Indemnify the beneficiaries for any losses.
C) Act in accordance with the trust.
D) Avoid conflict of interest and personal benefit.
Q3) A company is a distinct legal entity that is not separate from its shareholders.
A)True B)False
Q4) What is a sole trader?
Q5) A partnership is the relationship that exists between persons carrying on a business in common with a view to profit.
A)True
B)False
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Chapter 23: Other Business-Related Torts
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Q1) Which of the following is NOT a defence to a civil action for false imprisonment?
A) The imprisonment was not false.
B) There was a reasonable means of escape available.
C) The plaintiff was not totally restrained.
D) The plaintiff consented to conditions imposed by contract.
Q2) A sports club can be held vicariously liable for a player's battery arising from a deliberate breach of the rules.
A)True
B)False
Q3) A journalist who publishes a defamatory statement about the conduct of a politician may be able to rely upon the defence of:
A) Consent.
B) Fair reporting of matters of public concern.
C) Unlikelihood of harm.
D) Absolute privilege.
Q4) Describe the differences between absolute privilege and qualified privilege in an action in defamation.
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Chapter 24: Insurance
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Q1) The doctrine of subrogation:
A) Is limited in its application by the Insurance Contracts Act 1984 (Cth).
B) Continues without restriction.
C) Was abolished by the Insurance Contracts Act 1984 (Cth).
D) Was overruled by the High Court.
Q2) Which of the following is NOT an example of general insurance?
A) Credit insurance.
B) Motor vehicle insurance.
C) Life insurance.
D) Professional indemnity.
Q3) Which of the following is NOT an example of life insurance?
A) Personal accident policies.
B) Annuity policies.
C) Disability insurance.
D) Endowment policies.
Q4) A life insurance policy is a contract of indemnity.
A)True
B)False
Q5) List the duties of an insurance agent or insurance broker.
Q6) Explain why it is important for an insured to disclose all material facts.
Page 26
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Chapter 25: Sale of Goods
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Q1) Which of the following is the test used to distinguish between a contract for the sale of goods and a contract for work and materials?
A) If the main part of the contract is the skill and experience of one of the parties and the transfer of goods is of secondary importance, it is a contract for the sale of goods.
B) If the contract involves the transfer of ownership of goods, it must be a contract for the sale of goods.
C) If the contract involves the provision of services, it cannot be a contract for the sale of goods.
D) If the main part of the contract is the skill and experience of one of the parties and the transfer of goods is of secondary importance, it is not a contract for the sale of goods.
Q2) Unascertained goods are goods that are defined by description only.
A)True
B)False
Q3) Now that the Competition and Consumer Act 2010 (Cth) contains the major consumer protection provisions, what do you perceive to be the major benefits in a contract for the sale of goods of the various state Sale of Goods acts?
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Chapter 26: Electronic commerce
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Q1) The Electronic Transactions Act 1999 (Cth) provides a legal framework to support and encourage electronic commerce.
A)True
B)False
Q2) In the case of: CSR Ltd v Resource Capital Australia Pty Ltd (2003) 128 FCR 408, registration of the plaintiff's name as a domain name was held to be:
A) A misrepresentation at common law.
B) Contrary to the Domain Names Registration legislation.
C) Misleading and deceptive conduct under the Australian Consumer Law.
D) All of the above.
Q3) A customer in an electronic commerce contract will be bound by the terms and conditions of a website provided that:
A) The terms and conditions are posted on the website.
B) The customer has clicked on a button acknowledging that they have read the terms and conditions.
C) The customer has read the terms and conditions.
D) The customer is aware of the terms and conditions.
Q4) What is 'Cybersquatting'?
Q5) What is an electronic communication?
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Chapter 27: Property and mortgages
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Q1) The Torrens system of title has a number of advantages over the old common law system of title. What are they?
Q2) Under the Torrens title system, title is based on registration.
A)True
B)False
Q3) Assuming Jack and Jill own land as joint tenants, which of the following statements is correct?
A) If Jill dies before Jack, Jack would be entitled to purchase Jill's interest in the land at valuation.
B) If Jack dies before Jill leaving no will, his interest in the land would be distributed according to the law of intestacy.
C) If Jack dies before Jill, his interest in the land would pass to Jill, the survivor.
D) If Jill dies before Jack, her interest would be distributed according to her will.
Q4) To what extent has the High Court's decision in the Mabo Case been modified by subsequent legislation?
Q5) What are fixtures and why is it important to determine if they are moveable or not?
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Chapter 28: Intellectual propert
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Q1) Which of the following is the best definition of a 'defensive' trade mark?
A) A trade mark registered in respect of a type of goods and services not sold by the registered proprietor in order to defend a well-established trademark.
B) A trade mark used to indicate a special quality rather than a connection between a person and particular goods or services.
C) A sign used to distinguish the goods or services of members of an association from those of non-members.
D) A sign indicating the overall appearance, resulting from the visual features of an object of manufacture.
Q2) In order to be enforced, an innovation patent must first be examined and certified by the Australian Patent Office.
A)True
B)False
Q3) If a carpenter designs and makes a desk out of timber, the desk becomes a piece of intellectual property.
A)True
B)False
Q4) What constitutes fair dealing?
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Chapter 29: Ethics and business practice
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Q1) What was the ethical issue raised by the McCabe case?
A) Smokers make an informed decision to smoke so are responsible for their own decision.
B) The plaintiff died before the defendant could appeal.
C) The destruction of the documents was legal at the time but made a fair trial impossible.
D) A trial needs to be fair to both parties.
Q2) What kind of unethical business practice was identified in the case of Australia v Competition and Consumer Commission v Keshow [2005] FCA 558?
A) Making improper payments to a foreign government in order to bypass UN sanctions for commercial advantage.
B) Taking unconscionable advantage of the lack of education and commercial experience of customers.
C) Using bogus offshore transactions and a foreign accounting firm to avoid paying tax on income earned in Australia.
D) Using the doctrine of separate legal entity of a company to avoid liability for compensation claims.
Q3) List some examples of legal rules with ethical considerations.
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Chapter 30: Criminal law in a business context
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Q1) What is the difference between embezzlement and theft/robbery?
Q2) Which of the following is NOT prohibited by the restrictive trade practices provisions of the Competition and Consumer Act 2010 (Cth)?
A) Resale price maintenance and price fixing.
B) Agreements to restrict competition.
C) Sending commercial electronic messages without the recipient's consent.
D) Boycotts and abuse of monopoly power.
Q3) Which of the following statements about civil penalties is NOT correct?
A) Civil penalties include disqualification from managing a company and/or a penalty of up to $200,000.
B) Terms of imprisonment are limited to a maximum of 5 years.
C) The penalty is a civil debt payable to ASIC.
D) Proof of breach of a civil penalty provision is on the balance of probabilities.
Q4) Which of the following is NOT a punishment for a criminal conviction?
A) Loss of licence.
B) Compensation.
C) Community service.
D) Imprisonment.
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Chapter 31: Restrictive trade practices
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Q1) Which of the following is an example of a primary boycott in breach of s 45 of the Competition and Consumer Act 2010 (Cth)?
A) The sole manufacturer of a product refuses to sell it other than at an excessively high price.
B) A corporation acquires the assets of its only competitor in a market.
C) A corporation requires purchasers of its products not to acquire goods from or supply goods to a competitor.
D) Two corporations agree to refuse to acquire the goods of a third corporation.
Q2) Which of the following bodies is primarily responsible for enforcing the Competition and Consumer Act 2010 (Cth)?
A) The Prices Surveillance Authority.
B) The Australian Competition and Consumer Commission.
C) The Australian Competition Tribunal.
D) The Trade Practices Commission.
Q3) Increasing the price of petrol during school holidays is often described as predatory pricing.
A)True
B)False
Q4) What is the role and function of Australian Competition and Consumer Commission?
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Chapter 32: Negotiable instruments
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Q1) Which of the following is NOT a difference between a bill of exchange and a cheque?
A) A cheque may be payable at a determinable future time.
B) A cheque must be drawn on a financial institution.
C) A cheque can be crossed 'not negotiable.'
D) A cheque must be payable on demand.
Q2) Both a cheque and a bill of exchange must be drawn on a bank account.
A)True
B)False
Q3) A bill of exchange is signed by Adam, addressed to Peter and made payable to Paul, who indorses and delivers it to David. In this situation Peter is referred to as:
A) The drawee and the acceptor.
B) The drawer and the payee.
C) The acceptor and the holder.
D) The payee and the indorsee.
Q4) A stale cheque is one that has been in circulation for more than six months.
A)True
B)False
Q5) What is a cheque?
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Chapter 33: Insolvency and Debt Recovery
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Q1) Which of the following is NOT an act of bankruptcy?
A) Property of the debtor is sold pursuant to a court order.
B) The debtor changes their place of residence.
C) The debtor fails to comply with a bankruptcy notice.
D) A writ of execution is issued but returned unsatisfied.
Q2) Which of the following is the correct definition of an 'instalment order'?
A) An order of the court declaring the debtor bankrupt.
B) An order of the court authorising a court officer to seize the goods of the debtor and sell them.
C) An order of the court directing the debtor to pay the debt in specified amounts on specified dates.
D) An order of the court directing a person who owes money to the debtor to pay the money into the court.
Q3) Bankruptcy is a remedy of secured creditors.
A)True
B)False
Q4) The time limit for commencement of legal action to recover a debt is 2 years.
A)True
B)False
Q5) What are the ways in which a person can become bankrupt?
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Chapter 34: The Work Environment and the Employment Relationship
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Q1) The employee's duty to maintain confidentiality applies:
A) Only after the term of their employment has expired.
B) Both during and after the term of their employment.
C) Only during the term of their employment.
D) To inventions made during the course of their employment.
Q2) When will an employee NOT be covered by Workers' Compensation if they are injured?
A) While travelling between their home and place of employment.
B) At their place of work during a lunch break.
C) While working for the employer at a place other than their usual place of work.
D) While travelling to meet a friend during a lunch break.
Q3) Where unsafe work conditions are created in a situation that is beyond the control of the employer, the employer must:
A) Take steps to ensure that all employees vacate the premises within a reasonable period.
B) Take all reasonable steps to eliminate the risk of injury.
C) Take all reasonable steps to minimise the risk of injury.
D) Take steps to ensure that all employees vacate the premises immediately.
Q4) Outline the duties of the employer and employee.
Page 36
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Chapter 35: Consumer Credit and Privacy
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Q1) In the context of credit information, which of the following statements about the Privacy Act 1988 (Cth) is NOT correct?
A) The Act is supported by a Credit Reporting Code which is a mandatory industry code.
B) The Australian Information Commissioner deals with complaints by individuals about credit providers and credit reporting agencies.
C) The aim of the Act is to restrict credit information to credit applications and other credit-related activities.
D) The Act prohibits credit providers from accessing information about a borrower's previous history of consumer credit payments.
Q2) Which of the following is unlikely to entitle the borrower to apply for relief under the hardship provisions of the National Credit Code?
A) Francine quits her job after an argument with her boss.
B) Edgar goes overseas to visit relatives and decides to stay.
C) Donna is unable to work after a serious car accident.
D) All of the above.
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Chapter 36: Ethics and Regulations in Marketing and Advertising
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Q1) The role of the marketer is to make potential customers aware of a product.
A)True
B)False
Q2) Power in the market place is a recurring factor in the discussion of ethical marketing practices.
A)True
B)False
Q3) The marketing mix comprises the elements of product, price, promotion and profit.
A)True
B)False
Q4) Registration of a design provides protection for up to 70 years.
A)True
B)False
Q5) Which of the following is the correct definition of a 'slotting allowance'?
A) Selling a product at a low price with the intention of driving competitors out of the market.
B) Taking advantage of a change in market circumstances to increase prices.
C) Charging a supplier a fee for access to the shelf space of a retail store.
D) Inducing a customer to sign an open ended periodic payment authority.
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