Corporate Governance and Law Exam Review - 1386 Verified Questions

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Corporate Governance and Law Exam Review

Course Introduction

This course explores the fundamental principles and practices of corporate governance and their intersection with legal frameworks. Students will examine the roles, rights, and responsibilities of various stakeholders, including shareholders, boards of directors, and management within corporate organizations. The course covers key topics such as regulatory compliance, ethical decision-making, corporate social responsibility, and mechanisms to ensure accountability and transparency in business operations. Through the analysis of real-world case studies and legal precedents, students will gain a comprehensive understanding of how governance structures influence corporate performance, strategic direction, and risk management in both domestic and global contexts.

Recommended Textbook

Business Law 10th Australian Edition by Andy Gibson

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Page 2

Chapter 1: Legal Foundations

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Q1) How would you describe the law?

Answer: Law is a set of rules developed over a long period of time regulating people's interactions with each other and which sets standards of conduct between individuals and other individuals and individuals and the government.

Q2) When describing a nation's legal system,the term: 'Common law' can be distinguished from which of the following terms?

A)Equity law.

B)Civil law.

C)Canon law.

D)Statute law.

Answer: B

Q3) The reason statute law takes priority over the common law is because:

A)common law principles come from old English cases.

B)politicians are more accessible to the electorate.

C)judges are accountable to the parliament.

D)politicians are accountable to the electorate.

Answer: D

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Chapter 2: Legal Systems

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Q1) 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.

Q2) An eCourt uses mediation to promote alternative dispute resolution.

A)True

B)False

Answer: False

Q3) In NSW summary matters are dealt with in the Small Claims Court.

A)True

B)False

Answer: False

Q4) A civil court's jurisdiction is controlled by its monetary jurisdictional limit.

A)True

B)False

Answer: True

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Chapter 3: How Law Is Made: Precedentstatute Law

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Q1) Which of the following best describes the literal rule of statutory interpretation?

A)The meaning and intention of language used in the Act is clear and it is the court's duty to apply it.

B)The meaning and intention of language used in the Act is unclear so it is necessary to look at the law before the statute was passed.

C)The meaning and intention of language used in the Act is unclear so it is necessary to read the act in its entirety and ask 'What mischief is this statute intended to remedy?'.

D)The meaning and intention of language used in the Act is clear and it is the court's duty to apply it unless that would result in absurdity,injustice or repugnance.

Answer: A

Q2) A persuasive precedent is binding on lower courts within the same hierarchy.?VARIANT VARIANT

A)True

B)False

Answer: False

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Chapter 4: Civil Liability: the Law of Torts and Negligence

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Q1) A tort is best described by which of the following:

A)an infringement of the interests of a person which entitles them to compensation.

B)a right to sue another person for damages.

C)a civil wrong other than a claim for breach of contract.

D)all of the above.

Q2) As an alternative to bringing an action in tort,a victim may choose to seek compensation by way of:

A)a criminal injuries compensation scheme.

B)a workers' compensation scheme.

C)a motor accident compensation scheme.

D)any of the above.

Q3) Describe what a Plaintiff must do in order to succeed in an action for negligence.

Q4) Who is the reasonable person and why is he/she so important in an action for negligence?

Q5) Much of the law of torts is concerned with accidental injury to the person or property.Do you think that it is appropriate for a person to be made liable for an accidental act?

Q6) Define a tort.

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Chapter 5: Applications of Negligence to Business

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Q1) What is meant by the term 'vicarious liability'?

Q2) There are no circumstances upon which an auditor owes a duty of care to a third party.

A)True

B)False

Q3) The standard of proof in a criminal negligence case is beyond a reasonable doubt.

A)True

B)False

Q4) Under the civil liability acts,a 'Good Samaritan' will still be liable for an act done:

A)in assisting a person who has not been injured but who is at risk of being injured.

B)while the Good Samaritan is intoxicated.

C)in giving advice about the assistance of a person who has not been injured but who is at risk of being injured.

D)honestly and without recklessness.

Q5) Describe the non-delegable duty of care concept.

Q6) What is occupier's liability?

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7

Chapter 6: Introduction to Contracts

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Sample Questions

Q1) A simple contract requires which of the following elements?

A)Genuine consent.

B)Consideration.

C)Legality of purpose and form.

D)Legal capacity.

Q2) The formation of an e-contract is identical to a conventional contract.

A)True

B)False

Q3) Which of the following is NOT required to bring a simple contract into existence?

A)There must be genuine consent.

B)There must be an agreement.

C)There must be valuable consideration.

D)There must be a real intention to be bound.

Q4) A wholly written contract establishes which classification of contract?

A)An executory contract.

B)A contract of record.

C)An executed contract.

D)An express contract.

Q5) How is a quasi-contract formed?

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Chapter 7: Agreement Between the Parties

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Sample Questions

Q1) The decision in the case of Pharmaceutical Society of Great Britain v Boots Cash Chemist (Southern)Limited [1953] 1 QB 401 means that when a customer shops at a supermarket,the offer is accepted and the contract is formed:

A)as soon as the customer enters the supermarket.

B)at the checkout,when the customer accepts the supermarket's offer to sell the goods.

C)when the customer accepts the goods on offer on the shelves by placing them in their basket.

D)at the checkout,when the supermarket accepts the customer's offer to buy the goods.

Q2) In Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256,the advertisement placed by the company was:

A)an offer.

B)a statement of intention.

C)an invitation to treat.

D)none of the above.

Q3) As a general rule,an offer may be directed to the world at large.

A)True

B)False

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Chapter 8: 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) The decision in Jones v Vernon Pools Ltd [1938] All ER 626 was based on the fact that:

A)the agreement was a social one.

B)the agreement was 'subject to contract.'

C)the ticket had been lost.

D)the coupon contained an 'honour clause.'

Q3) In which of the following cases did the court decide that a gentleman's alleged promises to his mistress were not contractually binding?

A)Ashton v Pratt (No 2)[2015] NSWCA 12.

B)Cohen v Cohen [1929] HCA 15.

C)Darmanin v Cowan [2010] NSWSC 1118.

D)Shortall v White [2007] NSWCA 272.

Q4) It is assumed that a contract of employment is intended between volunteers and charitable organisations.

A)True

B)False

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Chapter 9: Consideration

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Q1) 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.

Q2) Which of the following is the best example of executory consideration?

A)A pays B $10.00 today in return for B giving A a book today.

B)A promises to pay B $10.00 tomorrow in return for B giving A a book tomorrow.

C)A promises to pay B $10.00 tomorrow in return for B giving A a book yesterday.

D)All of the above.

Q3) The effect of the rules of consideration is that the law can only be used to enforce bargains,but it cannot be used to enforce promised gifts.Is this distinction between gifts and bargains a fair one?

Q4) Which of the following is the best example of executed consideration?

A)A pays B $10.00 today in return for B giving A a book today.

B)A promises to pay B $10.00 tomorrow in return for B giving A a book tomorrow.

C)A promises to pay B $10.00 tomorrow in return for B giving A a book yesterday.

D)All of the above.

Q5) Explain what is meant by the expression 'valuable consideration.'

Q6) Is it possible for past consideration to be good consideration?

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Chapter 10: Capacity of the Parties

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Q1) Which of the following is LEAST likely to be considered a 'necessary' for a 17-year-old unemployed university student?

A)A meal at a university refectory.

B)A 6-month lease of a flat near the university.

C)A business shirt from a department store.

D)A laptop computer.

Q2) A valid transaction allows the minor to repudiate the contract.

A)True

B)False

Q3) Do all persons,natural and legal,have full contractual capacity to enter into contracts?

Q4) The NSW Act makes infants liable in contract if:

A)it is for the minor's benefit.

B)it satisfies the definition of a 'civil act.'

C)the minor is old enough to understand it.

D)all of the above.

Q5) How does the law prevent a minor taking advantage of the laws relating to the contractual capacity of minors?

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Chapter 11: Genuine Consent

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Sample Questions

Q1) In which of the following cases was the plaintiff able to establish mistake so that the contract was found to be void?

A)Leaf v International Galleries [1950] 2 KB 86.

B)McRae v Commonwealth Disposals Commission (1951)84 CLR 377.

C)Lewis v Avery [1972] 1 QB 198.

D)Cundy v Lindsay [1878] 3 App Cas 459.

Q2) To establish duress,the onus is on the coerced party to show it was the only reason they entered into the contract.

A)True

B)False

Q3) A contract induced by fraud is void.

A)True

B)False

Q4) Where one of the parties is mistaken,and the other knows or ought to be aware of this,the contract may be void on the grounds of unilateral mistake.

A)True

B)False

Q5) Explain the difference between innocent and fraudulent misrepresentation.

Q6) Explain the difference between duress and undue influence.

Page 13

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Chapter 12: Is the Contract Legal

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Sample Questions

Q1) Explain why the courts are generally reluctant to enforce restraint clauses in contracts of employment.

Q2) A clause in a contract which provides that the courts may not be used to resolve any disputes between the parties is:

A)void at common law.

B)illegal at common law.

C)referred to as a 'restraint of trade' clause.

D)by its very nature incapable of being enforced by the courts.

Q3) Which of the following is NOT a factor to consider in determining the validity of a restraint of trade clause?

A)The type of business involved.

B)The geographic extent of the restraint.

C)The relative bargaining powers of the parties.

D)The amount of consideration paid.

Q4) The courts adopt a different approach depending upon the circumstances in which a restraint may be imposed.Discuss.

Q5) Contracts in restraint of trade are regarded as prima facie void.

A)True

B)False

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Chapter 13: Terms of the Contract

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Q1) Which of the following is NOT an approach to interpretation of an exclusion clause?

A)An exclusion clause will be strictly construed against the party relying on it.

B)An exclusion clause will not apply if it produces harsh consequences.

C)An exclusion clause will not apply to actions outside the contract.

D)An exclusion clause will be interpreted by construction of the contract as a whole.

Q2) What is the court's rationale for distinguishing between 'representations' and 'terms'? Do you agree with this rationale?

Q3) When is a particular statement more likely to be a term of the contract rather than a mere representation?

A)The statement was made with the intention of preventing the other party from finding any defects.

B)The other party was asked to check or verify the statement.

C)Both parties placed considerable importance on the statement.

D)A long time has passed between the making of the statement and the final agreement.

Q4) Define a condition and a warranty,and identify their differences.

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Page 15

Chapter 14: Rights and Liabilities of the Parties,discharge and Remedies

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Sample Questions

Q1) What is the effect of a frustrating event upon the obligations of the parties to a contract?

A)The contract becomes voidable by either party,and until one of the parties voids the contract it is valid and enforceable.

B)The contract is void from the frustrating event and any obligations arising before the frustrating event must still be fulfilled.

C)The contract is void ab initio ('from the beginning'),the parties are to be restored to their original positions,and any payments already made refunded to the payer.

D)Each party is still obliged to fulfil their obligations under the contract as if the frustrating event had not occurred.

Q2) In which of the following circumstances will partial performance of a contract by one party NOT give rise to a right to payment?

A)Where the contract is entire.

B)Where the other party has prevented them from completing the contract.

C)Where the other party has freely and willingly accepted their partial performance.

D)Where they have substantially,but not completely,performed the contract.

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Page 16

Chapter 15: Remedies in Contract

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Q1) Breach of which of the following types of term will entitle the innocent party to damages?

A)A warranty.

B)A condition.

C)An intermediate term.

D)All of the above.

Q2) Which of the following statements is the best description of 'ordinary' damages?

A)An amount awarded where the innocent party's rights have been infringed but they have suffered no actual loss.

B)An amount awarded to compensate the innocent party for the loss suffered as a result of the breach of contract.

C)An amount awarded to punish the party in breach of the contract.

D)An amount based upon a genuine pre-estimate of actual loss flowing from the breach of contract.

Q3) While not a remedy for breach of contract,restitution is available to avoid unjust enrichment.

A)True

B)False

Q4) Define penalty and discuss its purpose.

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Chapter 16: Statutory Consumer Guarantees and the

Australian Consumer Law

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Q1) Under the ACL,a consumer has the option to sue both the immediate supplier and the manufacturer for breach of contract involving a defective product.

A)True

B)False

Q2) 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.

Q3) Section 64 of the Australian Consumer Law prevents a consumer from agreeing to exclude,restrict or modify their consumer guarantee rights in any way.

A)True

B)False

Q4) If a vendor sells goods by description to a consumer,the vendor impliedly guarantees that the goods will correspond with the description given.

A)True

B)False

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Chapter 17: General and Specific Consumer Protections

Under the Acl

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Q1) Advertising a product at special prices only to tell the consumer the product is no longer available or is available but at a higher price is known as bait advertising.

A)True

B)False

Q2) In relation to 'conduct' under s 18 of the ACL,Accounting Systems 2000 v CCH Australia Ltd (1993)42 FCR 470 is authority for the principle that:

A)pre-contractual representations can constitute misleading and deceptive conduct.

B)silence can constitute misleading and deceptive conduct where there is a duty to disclose relevant facts.

C)the act of making a contract containing a false warranty is sufficient to constitute misleading and deceptive conduct.

D)an advertisement which compared a competitor's products unfavourably with the advertiser's products can constitute misleading and deceptive conduct.

Q3) The Financial Services Reform Act 2001 (Cth)only applies to financial advisers.

A)True

B)False

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Chapter 19: Introduction to Companies and Incorporated Associations

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Q1) The term: 'lifting the corporate veil' refers to giving rights and obligations to persons who would otherwise be protected by the separate legal entity principle.

A)True

B)False

Q2) An incorporated association will cease to exist if members do not renew their membership.

A)True

B)False

Q3) Which of the following statements about unincorporated associations is NOT correct?

A)The unincorporated association cannot be sued.

B)The liability of members is limited to the amount of their subscription.

C)The committee members are not personally liable to third parties in contract.

D)The unincorporated association has no separate legal personality.

Q4) A director in breach of s 588G may be personally liable for the company's debts.

A)True

B)False

Q5) Explain what 'share capital' is.

Q6) What is a prospectus?

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Chapter 18: Agency

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Q1) Ratification by a principal of an unauthorised act by an agent can bind the third party retrospectively.

A)True

B)False

Q2) In what circumstances will Samson be an employer and David an independent contractor?

A)Samson is paying David to perform a task and David is subject to the control and direction of Samson.

B)David has authority to bind Samson to a contract with a third party.

C)Samson is paying David to perform a task but has no control over how David will complete the task.

D)David is claiming to be Samson's legal representative.

Q3) What do you think is the rationale behind the rule that an agent must act in person? Do you agree with this rationale?

Q4) A broker is a general agent who acts for two principals.

A)True B)False

Q5) Describe how an agency relationship can be terminated.

Q6) Explain the meaning of 'agent of necessity' and give two examples.

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Chapter 20: Partnerships

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Q1) Which of the following does NOT fall within the implied authority of a partner to bind the firm?

A)Purchasing goods usually used by the firm.

B)Receiving payments and giving receipts.

C)Inviting others to join the partnership.

D)Employing suitable staff.

Q2) The existence of a partnership is established solely by the sharing of profits and losses.

A)True

B)False

Q3) The existence of a partnership is to be determined from what the parties do rather than what the parties call themselves.

A)True

B)False

Q4) A partnership is automatically dissolved if the purpose of the partnership becomes illegal.

A)True

B)False

Q5) Is it necessary for a partnership to advise customers when a partner retires?

Page 22

Q6) Define a joint venture and discuss how it differs from a partnership.

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Chapter 21: Choosing a Business Entity

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Q1) Which of the following statements about business names is NOT true?

A)Registration grants monopoly rights but not proprietary rights.

B)A business name must be registered in every state the business trades in.

C)Registration provides a registry so that business owners can be identified.

D)Registration is not necessary if the entity is a registered company trading in the company name.

Q2) Which of the following statements about a trust is true?

A)A trust is administered and controlled by a trustee.

B)The trust is the most complex of business structures.

C)A trust is a creation of equity.

D)All of the above.

Q3) A franchisor is liable for the debts of a franchisee.

A)True

B)False

Q4) Which of the following is NOT an advantage of a trading trust?

A)Protection of privacy.

B)Opportunity for wealth transfer between generations.

C)Protection of assets against creditors.

D)Personal control over trust activities.

Q5) What is the purpose of registering a business name?

Page 23

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Chapter 22: Other Business-Related Torts

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Q1) Which of the following statements is the best description of 'Battery'?

A)An intentional act which causes another to reasonably believe that they are in imminent danger of harmful or offensive contact.

B)An intentional or negligent act which brings about an immediate or direct harmful or offensive contact to another.

C)An intentional,direct and total restraint upon the liberty of another.

D)A statement made to another in a way that is intended to cause physical injury to them and that does in fact cause a reasonably foreseeable physical harm to them.

Q2) Common law defamation has been replaced with uniform defamation laws which were adopted in 2006.

A)True

B)False

Q3) Which of the following is NOT required to be proved in an action in defamation?

A)That the statement made by the defendant is defamatory.

B)That the statement made by the defendant was published.

C)That the statement made by the defendant refers to or identifies the plaintiff.

D)That the defendant intended to harm the reputation of the plaintiff.

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Chapter 23: Insurance

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Q1) A life insurance policy is a contract of indemnity.

A)True

B)False

Q2) If an exclusion clause is ambiguous,a court will not read it down to ensure it retains its commercial purpose.

A)True

B)False

Q3) Fraud on the part of one co-insured will always prevent the other from recovering under an insurance policy.

A)True

B)False

Q4) To whom may an insured apply in relation to a dispute with a general insurer?

A)Life Insurance Complaints Service Ltd.

B)Insurance Enquiries and Complaints Ltd.

C)General Insurance Division Ombudsman.

D)Insurance Broker's Dispute Facility.

Q5) Contracts of insurance are contracts of utmost good faith.

A)True

B)False

Q6) List the duties of an insurance agent or insurance broker.

Page 25

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Chapter 24: Sale of Goodsbusiness to Business

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Q1) Absent an agreement to the contrary, the seller bears the risk of damage before goods pass to the buyer.

A)True

B)False

Q2) Future goods are goods identified and agreed upon at the time of the contract of sale.

A)True

B)False

Q3) Unascertained goods are goods that are defined by description only.

A)True

B)False

Q4) 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?

Q5) Which of the following is NOT a remedy of an unpaid seller?

A)Sue for the price if property has passed.

B)Damages.

C)Re-sell goods still in their possession.

D)Specific performance.

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Chapter 25: Property and Mortgages

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Q1) Co-owners who hold an equal and undivided interest in property that is characterised by the four unities and survivorship are called joint tenants.

A)True

B)False

Q2) Which of the following will NOT result in termination of a lease?

A)Forfeiture by breach of a condition of the lease.

B)By either party doing an act inconsistent with continuation of the lease with consent of the other party.

C)Notice to quit given by either party according to the terms of the lease.

D)Sale of the property by the landlord.

Q3) Describe the three main types of property.

Q4) Which of the following information is NOT contained in the Torrens title register?

A)The name of the proprietor(s).

B)The nature and extent of all encumbrances.

C)The nature and type of all improvements to the land.

D)Boundaries of the land.

Q5) The Torrens system of title has a number of advantages over the old common law system of title.What are they?

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Chapter 26: Intellectual Property

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Q1) In the context of patent registration,what does the term 'useful' mean?

A)The invention is capable of being used in a practical way.

B)The invention is mechanical rather than biological.

C)The invention is not known publicly.

D)The invention involves an inventive step.

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) Which of the following would be characterised as an intellectual property right?

A)The right to copy a book.

B)The right to sell a book.

C)The right to buy a book.

D)The right to read a book.

Q4) Which of the following could be registered as a design?

A)A CD cover.

B)A chair.

C)A book.

D)A painting.

Q5) What constitutes fair dealing?

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Chapter 27: Ethics and Business Practice

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Q1) Which of the following would be an example of a conflict of interest in a business context?

A)The director of a company votes in favour of a contract for services to be provided by his family company.

B)A real estate agent regularly refers clients to a firm of solicitors of which his wife is the principal solicitor.

C)The purchasing officer for a business accepts a commission to place orders exclusively with a particular company.

D)All of the above.

Q2) Which ethical theory evaluates behaviour according to the consequences of that behaviour?

A)Moral relativism.

B)Virtue ethics.

C)Deontological ethics.

D)Utilitarianism.

Q3) Because they are legal entities,corporations are exempt from ethical responsibilities.

A)True

B)False

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Chapter 28: Criminal Law in a Business Context

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43 Verified Questions

43 Flashcards

Source URL: https://quizplus.com/quiz/29953

Sample Questions

Q1) A crime is an illegal act committed against the state.

A)True

B)False

Q2) Which of the following is NOT an element of insider trading?

A)The use of price sensitive information which is not publicly available.

B)The use of price sensitive information.

C)The theft of confidential information.

D)The use of information gained as a result of a connection with a company.

Q3) In the context of criminal law,what is the meaning of the term: mens rea?

A)The guilty mind.

B)The wrongful act.

C)The guilty act.

D)The wrongful mind.

Q4) An indictable offence is a summary offence dealt with by a magistrate.

A)True

B)False

Q5) Insider trading is not a criminal offence because no one is harmed by its consequences.

A)True

B)False

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Chapter 29: Competition Law

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44 Verified Questions

44 Flashcards

Source URL: https://quizplus.com/quiz/29954

Sample Questions

Q1) A secondary boycott results when parties A and B make a concerted effort to pressure third party C not engage in business dealings with party D.

A)True

B)False

Q2) Which of the following does NOT constitute resale price maintenance by a supplier?

A)Jones Ltd refuses to supply goods to Smith's Supermarket unless they agree not to sell below a specified price.

B)Jones Ltd induces Smith's Supermarkets not to sell goods supplied by them below the price specified by their distributors.

C)Jones Ltd supplies goods to Smith's Supermarkets with a request that they do not sell below a recommended price.

D)Jones Ltd and Smith's Supermarkets reach an agreement that goods supplied by Jones Ltd will not be sold below a price nominated by them.

Q3) An authorisation is a determination that the conduct is not contrary to the Act.

A)True

B)False

Q4) What is the role and function of Australian Competition and Consumer Commission?

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Chapter 30: Insolvency and Debt Recovery

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53 Verified Questions

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Source URL: https://quizplus.com/quiz/29956

Sample Questions

Q1) Property available for distribution to the creditors includes all property owned by the bankrupt at the date of commencement,or acquired after that date and at any time up to discharge.

A)True

B)False

Q2) A voluntary administration is one option available to debtors seeking an alternative to bankruptcy.

A)True

B)False

Q3) A bankrupt may be examined by the court upon the application of the trustee or a creditor.

A)True

B)False

Q4) Which of the following is NOT one of the aims of bankruptcy legislation?

A)To give the debtor a chance to have a new start.

B)To distribute the debtor's assets equitably.

C)To ensure all of the debtor's creditors are treated fairly.

D)To punish the debtor.

Q5) What are the ways in which a person can become bankrupt?

Q6) What are the three main aims of the Bankruptcy Act 1966 (Cth)?

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Chapter 31: The Work Environment and the Employment Relationship

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51 Verified Questions

51 Flashcards

Source URL: https://quizplus.com/quiz/29957

Sample Questions

Q1) The duty of an employer to ensure the safety of employees applies to:

A)All their employees during working hours no matter where they are or what they are doing.

B)Premises which are owned by the employer.

C)Any situation unless the employer has taken all necessary steps to eliminate risk.

D)Premises which are regularly used by employees whether owned by the employer or not.

Q2) The unfair dismissal provisions of the Fair Work Act 2009 (Cth)do not apply to small business employers.

A)True

B)False

Q3) In Australia,employment relationships are subject to:

A)common law and state legislation.

B)common law and federal legislation.

C)state legislation and federal legislation.

D)common law,state legislation,and federal legislation.

Q4) What are the differences between employees and independent contractors,and how can the latter's lack of comprehensive legal protection be justified?

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