Question 1

Which of the exceptions to the parol evidence rule is illustrated by the case of Van Den Esschert v Chappell [1960] WAR 114?

Accepted Answer

A) To prove a trade custom. 
B) Where the court is of the opinion that the written document contains only part of the agreement. 
C) To clarify ambiguous language used in the contract. 
D) To demonstrate that a description is false. 
A) To prove a trade custom. 
B) Where the court is of the opinion that the written document contains only part of the agreement. 
C) To clarify ambiguous language used in the contract. 
D) To demonstrate that a description is false.

Question 2

What was the reason for the decision in the case of Hoyt's Pty Ltd v Spencer (1919)27 CLR 133?

Accepted Answer

A) The oral statement was promissory and therefore enforceable as a collateral contract. 
B) The oral statement was representational rather than promissory. 
C) The oral statement was intended to form part of the agreement between the parties. 
D) The oral statement was inconsistent with the terms of the written document. 
A) The oral statement was promissory and therefore enforceable as a collateral contract. 
B) The oral statement was representational rather than promissory. 
C) The oral statement was intended to form part of the agreement between the parties. 
D) The oral statement was inconsistent with the terms of the written document.

Question 3

Which of the following statements is the best description of a 'condition subsequent'?

Accepted Answer

A) A term in a contract not essential to the main purpose of the contract,non-performance of which will not entitle the plaintiff to rescind the contract. 
B) A term in a contract which provides that the contract will terminate on the happening of a particular event. 
C) A term which must be satisfied before a contract can come into existence. 
D) A term in a contract,the consequences of breach of which cannot be determined until after the breach has occurred and the seriousness of the effects of the breach can be ascertained. 
A) A term in a contract not essential to the main purpose of the contract,non-performance of which will not entitle the plaintiff to rescind the contract. 
B) A term in a contract which provides that the contract will terminate on the happening of a particular event. 
C) A term which must be satisfied before a contract can come into existence. 
D) A term in a contract,the consequences of breach of which cannot be determined until after the breach has occurred and the seriousness of the effects of the breach can be ascertained.

Question 4

Which of the following statements is incorrect?

Accepted Answer

A) The difference between a representation and a term depends on the intention of the parties. 
B) The test to distinguish a representation from a term is an objective one. 
C) A representation that induces a party to enter a contract will be a term. 
D) A representation that is not a term is not actionable in contract law. 
A) The difference between a representation and a term depends on the intention of the parties. 
B) The test to distinguish a representation from a term is an objective one. 
C) A representation that induces a party to enter a contract will be a term. 
D) A representation that is not a term is not actionable in contract law.

Question 5

Where there have been previous dealings between the parties,terms may be implied.

Accepted Answer

A) True 
 B)False

Question 6

If one of the parties had a specific skill or knowledge with regard to the subject matter of the contract,then a statement is probably a term.

Accepted Answer

A) True 
 B)False

Which of the exceptions to the parol evidence rule is illustrated by the case of Van Den Esschert v Chappell [1960] WAR 114?

What was the reason for the decision in the case of Hoyt's Pty Ltd v Spencer (1919)27 CLR 133?

Which of the following statements is the best description of a 'condition subsequent'?

Which of the following statements is incorrect?

Where there have been previous dealings between the parties,terms may be implied.

If one of the parties had a specific skill or knowledge with regard to the subject matter of the contract,then a statement is probably a term.

Legal Foundations

Legal Systems

How Law Is Made: Precedentstatute Law

Civil Liability: the Law of Torts and Negligence

Applications of Negligence to Business

Introduction to Contracts

Agreement Between the Parties

Intention to Create Legal Relations

Consideration

Capacity of the Parties

Genuine Consent

Is the Contract Legal

Rights and Liabilities of the Parties,discharge and Remedies

Remedies in Contract

Statutory Consumer Guarantees and the Australian Consumer Law

General and Specific Consumer Protections Under the Acl

Introduction to Companies and Incorporated Associations

Agency

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goodsbusiness to Business

Property and Mortgages

Intellectual Property

Ethics and Business Practice

Criminal Law in a Business Context

Competition Law

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

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Exam 13: Terms of the Contract

Which of the exceptions to the parol evidence rule is illustrated by the case of Van Den Esschert v Chappell [1960] WAR 114?

What was the reason for the decision in the case of Hoyt's Pty Ltd v Spencer (1919)27 CLR 133?

Which of the following statements is the best description of a 'condition subsequent'?

Which of the following statements is incorrect?

Where there have been previous dealings between the parties,terms may be implied.

If one of the parties had a specific skill or knowledge with regard to the subject matter of the contract,then a statement is probably a term.

Legal Foundations

Legal Systems

How Law Is Made: Precedentstatute Law

Civil Liability: the Law of Torts and Negligence

Applications of Negligence to Business

Introduction to Contracts

Agreement Between the Parties

Intention to Create Legal Relations

Consideration

Capacity of the Parties

Genuine Consent

Is the Contract Legal

Rights and Liabilities of the Parties,discharge and Remedies

Remedies in Contract

Statutory Consumer Guarantees and the Australian Consumer Law

General and Specific Consumer Protections Under the Acl

Introduction to Companies and Incorporated Associations

Agency

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goodsbusiness to Business

Property and Mortgages

Intellectual Property

Ethics and Business Practice

Criminal Law in a Business Context

Competition Law

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

Filters