NZ Law & Contract Law (5 marks)

Question 1

For a contract to exist, the following conditions must be met:

a) An offer, communicated acceptance and consideration exist

b) An offer and acceptance exist

c) An offer, communicated acceptance and valuable consideration all exist, plus the parties intended to enter into a contract are legally capable and have given genuine consent to this legal contract, whether written or verbal

d) An offer, communicated acceptance and valuable consideration all exist, plus the parties intended to enter into a contract, are legally capable and have given genuine consent to this legal contract and have written down the terms and conditions

Answer 1

c) An offer, communicated acceptance and valuable consideration all exist, plus the parties intended to enter into a contract are legally capable and have given genuine consent to this legal contract, whether written or verbal

Question 2

Which of the following statements is correct within the NZ Legal Court system?

a) The verdict from one court can be challenged in any higher court
b) The verdict from a particular court can only be challenged in a higher court according to a pre-determined Court structure
c) The verdict from a particular court can only be challenged in a lower Court
d) Appeals can be made through any branch of the Court system

Answer 2

b) The verdict from a particular court can only be challenged in a higher court according to a pre-determined Court structure

Question 3

The purpose of the Construction Contracts Act 2002 is:

a) To ensure the Architect receives payment from the Principal promptly
b) To ensure the Contractor receives correct payment amounts from the Principal
c) To ensure Sub-Contractors receive correct payment amounts from the Principal
d) To facilitate regular and timely payments between parties to a construction contract

Answer 3

d) To facilitate regular and timely payments between parties to a construction contract

Question 4

Which of the following losses is the most easily recovered in a Court action for the loss suffered in a Tort of Negligence action?

a) Direct physical loss to property and the resulting consequential loss
b) Direct physical loss to property, the resulting consequential loss and pure economic loss
c) Direct physical loss to property, the resulting consequential loss, pure economic loss and mental distress suffered as a result
d) Direct physical loss to property plus pure economic loss

Answer 4

a) Direct physical loss to property and the resulting consequential loss

Question 5

For the Tort of Trespass to land to occur, the following conditions must exist:

a) the Architect must have entered onto the land of another without consent, and damage has occurred
b) the Architect must have entered onto the land of another without consent, and damage does not need to have occurred
c) the Architect enters onto the land of another where consent to do so has been given but has now expired, and damage to the land has occurred
d) the Architect must have introduced items onto the land of another without consent, and damage has occurred

Answer 5

b) the Architect must have entered onto the land of another without consent, and damage does not need to have occurred

Question 6

The NZ legal system:

a) Is based on the Australian legal system
b) Is based on the English Westminster model
c) Is based on court decisions made only in NZ
d) Is based on statute law

Answer 6

b) Is based on the English Westminster model

Question 7

The ‘Law of Torts’

a) Is derived from New Zealand Statutes
b) Is derived from English Case Law
c) Is derived from English and New Zealand Case Law
d) Is derived from English and New Zealand Statutes

Answer 7

c) Is derived from English and New Zealand Case Law

Question 8

A contract can exist where:

a) The terms are agreed only in written format
b) The terms are agreed verbally and do not relate to social obligations
c) The terms are agreed either verbally or written down
d) The terms are agreed only in written format and consideration is included

Answer 8

c) The terms are agreed either verbally or written down

Question 9

For a contract to exist the following minimum conditions must be met:

a) An offer, communicated acceptance and consideration exist

b) An offer and acceptance exist

c) An offer, communicated acceptance and valuable consideration all exist, plus the parties intended to enter into a contract, are legally capable and have given genuine consent to this legal contract

d) An offer, communicated acceptance and valuable consideration all exist, plus the parties intended to enter into a contract, are legally capable and have given genuine consent to this legal contract and have written down the terms and conditions

Answer 9

c) An offer, communicated acceptance and valuable consideration all exist, plus the parties intended to enter into a contract, are legally capable and have given genuine consent to this legal contract

Question 10

Land ownership can be defined as falling into which of the following ownership categories?

a) General land and Maori land
b) General land, Maori land, and Crown land
c) General land, General land owned by Maori, Maori customary land, and Maori freehold land
d) General land, General land owned by Maori, Maori customary land, Maori freehold land and Crown land

Answer 10

d) General land, General land owned by Maori, Maori customary land, Maori freehold land and Crown land

Question 11

Memorials that relate to a specific piece of land:

a) Are written on the Deposited Plan for that land
b) Are written on the Certificate of Title for that land
c) Are written on the Certificate of Title for that land and detail any interest that others might have on the land
d) Are written on the Deposited Plan for that land and detail any interest that others might have on that land

Answer 11

c) Are written on the Certificate of Title for that land and detail any interest that others might have on the land

Question 12

A Leasehold Title to land implies:

a) The property is owned for a fixed number of years
b) The property is owned for an undetermined number of years
c) The property is owned for the lifetime of the occupier
d) The property and buildings on it are owned for an undetermined number
of years

Answer 12

a) The property is owned for a fixed number of years

Question 13

A Stratum Title to land:

a) Can be a freehold or leasehold ownership
b) Can only be a freehold title ownership
c) Can only be a leasehold title ownership
d) Can be a freehold or unit title ownership

Answer 13

a) Can be a freehold or leasehold ownership

Question 14

Within the NZ Legal Court system which of the following statements is correct?

a) The verdict from one court can be challenged in any higher court
b) The verdict from a particular court can only be challenged in a higher court according to a pre-determined Court structure
c) The verdict from a particular court can only be challenged in a lower Court
d) Appeals can be made through any branch of the Court system

Answer 14

b) The verdict from a particular court can only be challenged in a higher court according to a pre-determined Court structure

Question 15

A contract only exists where:

a) The terms are agreed either verbally or written down
b) The terms are agreed verbally and relate to social obligations
c) The terms are agreed only in written format
d) The terms are agreed only in written format and consideration is included

Answer 15

a) The terms are agreed either verbally or written down

Question 16

The Contract and Commercial Law Act 2017 repeals (replaces) a
number of Acts. Which of the following statements is the most correct
statement of Acts that are repealed?

a) The Contractual Mistakes Act 1977, Contractual Remedies Act 1979, and Illegal Contracts Act 1970

b) The Contractual Mistakes Act 1977 and Contractual Remedies Act 1979

c) The Privacy Act 1993, Contractual Remedies Act 1979 and Illegal Contracts Act 1970

d) The Contractual Mistakes Act 1977, Contractual Remedies Act 1979, and Illegal Contracts Act 1970, amongst other Acts

Answer 16

d) The Contractual Mistakes Act 1977, Contractual Remedies Act 1979, and Illegal Contracts Act 1970, amongst other Acts

Question 17

Which of the following losses are the most easily recovered in a Court action for the loss suffered in a Tort of Negligence action?

a) Direct physical loss to property, and the resulting consequential loss
b) Direct physical loss to property, the resulting consequential loss and pure economic loss
c) Direct physical loss to property, the resulting consequential loss, pure economic loss and mental distress suffered as a result
d) Direct physical loss to property plus pure economic loss

Answer 17

a) Direct physical loss to property, and the resulting consequential loss

Question 18

What conditions need to be in place for the Tort of Negligence to occur?

a) A duty of care is owed by the professional but is lacking

b) A duty of care is owed by the professional but is lacking, loss or damage is not foreseeable but it has still occurred

c) A duty of care is owed by the professional but is lacking, and loss or damage is foreseeable and has been caused by the lack of reasonable care

d) A duty of care is owed by the professional but is lacking, and loss or damage is foreseeable

Answer 18

c) A duty of care is owed by the professional but is lacking, and loss or damage is foreseeable and has been caused by the lack of reasonable care

Question 19

Who can bring an action for the Tort of Trespass?

a) The person in possession of the land and/or the owner of the land if damage exists that affects the owner’s interest in the land
b) Only the owner of the land if damage exists that affects the owner’s interest in the land
c) Only the person in possession of the land
d) The person in possession of the land and/or the owner of the land

Answer 19

a) The person in possession of the land and/or the owner of the land if damage exists that affects the owner’s interest in the land