last one bitch

Question 1

Explain the elements of a valid legal contract.

Answer 1

Intention to create legal relations-
Determines whether an arrangement is meant to have legal consequences.
Offer: A clear proposal to enter into a legally binding contract, made in various ways (oral, written, or conduct).
Acceptance: When the offeree (the party receiving the offer) agrees to the proposal made by the offeror (the party making the offer).
Consideration: Something of value that motivates parties to enter into a contract, setting it apart from a gift, which is a voluntary transfer without an exchange of value.

Question 2

Explain how an invitation to treat differs from an offer

Answer 2

An invitation to treat is an invitation to make an offer; for example, goods on display with a sale price in a shop. An offer is a definite and specific proposal that, if accepted, creates a legally binding agreement. For example, the sale price of a house is the invitation to treat and a person writing down and emailing the agent that they will pay a certain amount is the offer.

Question 3

Describe the process of a counter-offer

Answer 3

A counteroffer is the response given to an offer, meaning the original offer was rejected and replaced with another one.

Question 4

Describe what is meant by a term of a contract.

Answer 4

A contract term is any provision or term that forms part of a contract. They can be express (specifically included) or implied (not explicitly included, but assumed to be).

Question 5

Explain the difference between a condition and a warranty in relation to terms of a contract

Answer 5

The more important terms are referred to as conditions (essential part of the contract and if not carried out, the rest of the contract would be totally different from what was agreed) and the less important terms are called warranties (basic nature of contract not changed by breach).

Question 6

Explain how the remedies differ for breaking a warranty term versus a condition term.

Answer 6

If a warranty is breached—sue for damages. If a condition breached—Discharge or affirm contract and then sue for damages.

Question 7

Name the parties in a contract and what these change to on appeal of a case

Answer 7

Plaintiff and Defendant
Appellant and Respondent

Question 8

Describe three reasons why a contract may be set aside

Answer 8

1. Duress
2. Undue influence
3. Unconscionability

Question 9

. Describe three ways a contract may be discharged

Answer 9

1. Performance
2. Agreement between the parties
3. Breach of contract

Question 10

What’s the difference between void and voidable?

Answer 10

Void means that the contract never existed in the first place. Voidable means that the injured party (the innocent party) can decide if the contract is to continue.

Question 11

What are the remedies for contracts?

Answer 11

1. Damages
2. Injunction
3. Specific performance
4. Restitution

Question 12

Explain at least four consumer guarantees found in Australian Consumer Law (ACL) using examples

Answer 12

1. The supplier must have a right to sell (s51): The seller must have title (ownership) in the goods being sold.
2. The buyer has a right to undisturbed possession of the goods (s52): The effect of this guarantee is that the buyer enjoys the use of the goods free from any interference from, or claims by, other persons.
3. The goods must be reasonably fit for any disclosed purpose (s55): If the buyer tells the seller or manufacturer what they’ll use the goods for, the goods should be suitable for that purpose.
4. Goods must match their description (s56):When goods are supplied by description to a consumer, there is a guarantee that the goods will correspond with the description.

Question 13

Explain the elements of negligence

Answer 13

1) The existence of a duty of care;
2) a breach of that duty; and
3) reasonably foreseeable damages as a result of the breach of duty.

Question 14

Give an example of duty of care in a workplace.

Answer 14

Teacher on playground duty to make sure students are not participating in unsafe behaviours.

Question 15

Outline the two main defences to negligence

Answer 15

1. Voluntary Assumption of Risk—knew the risks and agreed to partake in activity
2. Contributory negligence—plaintiff contributed towards to act and is deemed partially responsible (% apportionment)

Question 16

Outline the remedies for negligence and the subtypes

Answer 16

1. Injunction- an official order to do or not do something, which is given by a court of law
2. Damages ( General damages, Future Economic Loss, Special damages)- Damages is a sum of money which is awarded by the courts for the purpose of replacing the monetary value of property or rights which have been lost or damaged,

Question 17

Explain vicarious liability using an example

Answer 17

Vicarious liability is the responsibility an employer or principal has for the actions of their workers or agents while they are on the job. For example, a teacher following their code of conduct/policies and procedures may not be responsible for an outcome e.g. Student injured during a fight.

Question 18

Explain the legal issue including the ‘neighbour principle’ established in Donoghue v Stevenson [1932] AC562

Answer 18

The case involved Mrs Donoghue, who purchased a bottle of ginger beer from a café in Paisley, Scotland. The bottle was opaque, and Mrs Donoghue could not see its contents. She drank the ginger beer and later noticed a decomposed snail floating in the liquid. Mrs Donoghue fell gravely ill, contracting gastroenteritis. She claimed that discovering the decomposed snail in her ginger beer made her ill, and she sued the manufacturer, Mr Stevenson, for damages. The main issue in the case was whether Mr Stevenson owed a duty of care to Mrs Donoghue. At the time, there was no clear legal precedent on the duty of care owed by manufacturers to consumers. It established the principle of strict liability, which holds manufacturers strictly liable for defective products resulting in negligence. Neighbour principle—You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.