FIA4

Question 1

what are the elements of a contract ?

Answer 1

offer, acceptance and consideration

Question 2

define offer ?

Answer 2

a promise to an individual to be legally bound

Question 3

define acceptance ?

Answer 3

where the offeree accepts the offer from the offeror

Question 4

define consideration ?

Answer 4

it is the exchange of items of value

Question 5

how is a contract discharged ?

Answer 5

it is discharged when a breach of contract occurs

Question 6

define breach of contract ?

Answer 6

it is where one party of the contract fails to perform a term that formed a part or all of the contract

Question 7

what are defences to a breach of contract ?

Answer 7

misrepresentation, duress, illegal contract, frustration and unconscionable conduct

Question 8

what remedies are available for a breach of contract ?

Answer 8

specific performance and damages

Question 9

define specific performance

Answer 9

the performance of a contractual duty, as ordered in cases where damages would not be adequate remedy

Question 10

define injunction ?

Answer 10

it is a direct order from the court to a party to do a specific action, or more commonly not too

Question 11

define precedent ?

Answer 11

it is a principle or rule established

Question 12

define balance of probabilities ?

Answer 12

it is the requisite standard of proof which a trier of fact must determine the existence of

Question 13

define plaintiff ?

Answer 13

the person who brings a case against another in the court of law

Question 14

define defendant ?

Answer 14

the individual, company or institute which is being accused in the court of law

Question 15

define alternative dispute resolution ?

Answer 15

the use of methods such as mediation or arbitration to resolve a dispute without any sort of litigation

Question 16

define counter claim ?

Answer 16

a claim made to rebut a previous claim

Question 17

define damages ?

Answer 17

a sum of money awarded to a victim by the court to replace monetary value which may have been lost or damaged

Question 18

define terms ?

Answer 18

provision forming part of a contract

Question 19

define cause ?

Answer 19

a fact or combination of facts that gives a person the right to seek judicial redress

Question 20

explain the difference between an offer and an invitation to treat ?

Answer 20

an offer directly allows a party to enter into a legally binding agreement, whereas an invitation to treat only invites the other party to make negotiations and offers to the seller

Question 21

identify the objectives of the civil dispute resolution act 2011 ?

Answer 21

to ensure people resolve disputes before certain civil proceedings are instituted, promote a move away from an adversarial approach to litigation and improve access to justice by encouraging early dispute resolution

Question 22

explain part 6 of the civil proceedings act 2011 (QLD) ?

Answer 22

preliminary, the opportunity for litigants to participate in ADR processes > interpretation, an ADR process of mediation or case appraisal > ADR process, where parties may agree to ADR process and court may refer dispute to ADR process

Question 23

explain the difference between conditions and warranties ?

Answer 23

a condition is an obligation, which requires being fulfilled before another proposition takes place, whereas a warranty is surety given by the seller regarding the stage of the product

Question 24

identify the facilitative processes of alternative dispute resolution ?

Answer 24

mediation, conciliation and facilitation

Question 25

identify the determinative processes of alternative dispute resolution ?

Answer 25

arbitration, expert determination and private judging

Question 26

explain the difference between facilitative process and a determinative process of alternative dispute resolution ?

Answer 26

the main difference is that facilitative process helps parties to identify issues in disputes whereas determinative process a dispute resolution practitioner evaluates and makes a decision on the disagreement

Question 27

explain the need for contract law ?

Answer 27

it provides remedies for breaches of contract

Question 28

explain why consumer protection provisions are needed in addition to the general law of contract ?

Answer 28

this is because consumers need to be able to obtain accurate, unbiased information about the product and services they purchase

Question 29

explain the role of the Australian consumer law in providing consumer protection ?

Answer 29

the Australian consumer law sets out consumer rights which include rights to repair, refund or replacements

Question 30

explain the three main remedies for breaches of contract for goods or services under the Australian consumer law (2010) ?

Answer 30

award of damages, specific performance and reccission

Question 31

explain when the ACL does not apply to contracts for purchase of goods and services ?

Answer 31

when the goods or service cost more than $100,000

Question 32

explain how effective is the current legislation in protecting consumer and businesses rights ?

Answer 32

it is very effective as it continuously prevents dangerous or unethical business practices such as false advertising

Question 33

define issue ?

Answer 33

a person’s lineal descendants, not limited to their children

Question 34

define decisions ?

Answer 34

a determination of parties right and obligations reached by a court based on facts and law

Question 35

define remedies ?

Answer 35

a form of court enforcement of legal right resulting from a successful civil lawsuit

Question 36

explain the roles of the Australian consumer law ?

Answer 36

it aims to provide consumers with protection against unfair practices in a transparent and fair manner

Question 37

explain the enforcements and remedies available ?

Answer 37

official warnings, infringement notices, a court injunction and enforceable injunction

Question 38

types of civil law ?

Answer 38

contract and tort

Question 39

define tort ?

Answer 39

no established relation, court have to decide

Question 40

define contract ?

Answer 40

a clear, established relationship, legally binding