Which of the following forms of liability could lead to prosecution by the Crown?
a) Criminal liability.
b) Tortious liability.
c) Contractual liability.
d) Statutory liability.
Which of the following is the role of the prosecution for a criminal matter?
a) Represent the interests of the state.
b) Call evidence to prove the charge beyond a reasonable doubt.
c) Make decisions about what evidence to call and how the case will proceed.
d) All of the above.
Which of the following are excused from being prosecuted for criminal offences?
b) Members of Parliament
c) Prime Minister
d) None of the above
Which of the following are theoretical justifications for punishment under criminal law?
e) All of the above
A crime is established if:
a) The accused has carried out the actus reus
b) The accused has carried out conduct which has an effect that the criminal law prohibits
c) The accused has carried out certain conduct with a guilty mind
d) All of the above
Contributory negligence is
a) a complete defence in negligence.
b) partial defence in negligence.
c) all of the above.
d) non of the above.
An unwelcome kiss is an example of the tort of
Unauthorised misuse of a competitor’s trademark is an example of the tort of
c) interference with contractual relations.
d) passing off.
The reasonable person test, in the case of children
a) gives way to the standard of a child of similar age and experience.
b) is the standard of a person of a good standing in the community.
c) non of the above.
The difference between detinue and conversion is that
a) detinue is used in cases of deprivation and destruction of goods.
b) conversion is used to regain possession of goods.
c) detinue is based on possession in the plaintiff.
d) conversion is based on a right to possession.
e) non of the above.
QUESTION 1 [20 marks]
Zain had always wanted to buy a piece of commercial property to develop a large block of flats. He found a place on Sydney’s coast at an attractive price and entered into discussions with the existing owner, Janice, who was keen on selling. Zain and
Janice came to a verbal agreement regarding the purchase price. Janice said that if
Zain didn’t hear from her in the next few days, he should assume that she was ready to proceed with the deal. Zain contacted his solicitors to prepare the necessary documentation. After waiting three days Zain rapidly began preparing the necessary finance facilities to develop the land. Zain had been awaiting an opportunity like this for a long time and knew the necessary channels to proceed quickly.
Two days after talking with Zain, Janice receives a call from Douglas, who proposes to pay significantly more than Zain’s initial offer, although he was having trouble arranging finance. Janice, in need of a sale, informs Douglas that if he can get his finance together that the property is his. Janice is not confident in Douglas’s ability to obtain finance due to the tight credit market and thus says nothing to Zain, assuming it would take several weeks before Zain was ready to proceed. Zain forwards the relevant documentation to Janice regarding the sale of the land but she does not sign or return the documentation.
Satisfied that he has done all that he needs to do, Zain commences levelling the land and laying down the foundations. Several weeks pass and although Janice is aware of what is occurring, she remains silent. At the end of this period Douglas has arranged his finance and he contacts Janice, who agrees to sell the land to him.
Janice then contacts Zain and tells him to remove his equipment because the sale is off.
Zain, having expended considerable time and expense on this deal, is in your office seeking advice.
(1) Advise Zain [15 marks]
(2) Does your advice change if Janice is not aware of Zain’s progress? [5 marks]
QUESTION 2 [20 marks]
Alexander and Alfred were in a de facto relationship. They had been living together for 2 years and typically made all household decisions together, including what apartment to live in, what groceries to buy and how the rent was paid. There was never any written agreement between the two and neither party thought twice about trusting the other.
Alexander thought of himself as a bit of an entrepreneur and had stumbled across a business deal for the sale of household furniture, requiring an initial outlay of $50,000 and estimated ongoing costs of $20,000 per year for the first few years. Alexander, excited by the prospects of leaving his mundane job as a checkout attendant, told Alfred about all the benefits of running his own business and asked Alfred if he would be willing to help out with some of the costs. Alfred agreed to contribute $15,000 now and $10,000 when the business was ready to open to cover the first few months of stock and operating expenses. Alfred also agreed that he would be paid back whenever it was convenient for Alexander, who would primarily be in charge of running the business. In return, Alexander agreed to do all the household chores until the business opens and promised to attempt to find an extra job to generate enough capital to cover a few unprofitable periods whilst the business took off.
Alexander purchased the business with a combination of his own savings, a bank loan and Alfred’s contribution. Preparations have begun to open the business in 2 months’ time.
Last week Alexander and Alfred had a major falling out and Alfred has moved back in with his parents, refusing to pay any rent on the apartment he shared with Alexander.
Alexander is in your office, scared that Alfred will not provide the extra $10,000 when the business opens. Alexander has also received a letter from Alfred’s lawyers demanding that Alexander repay the $15,000 within 28 days.
1)Advise Alexander. [10 marks]
2)On the above facts, would your answer be any different if the two had reduced their agreements to writing? [5 marks]
3)Would your answer be different if there was an express exclusion of an intention to create legal relations in the written agreements? [5 marks]
QUESTION 1 [10 marks]
Write an essay on the difference between terms and representations in contract law. Ensure that in your essay you:
(a) Explain the meaning of “a term of the contract”. [3 marks]
(b) Explain the meaning of “representation”. [3 marks]
(c) Explain the difference between a term and a representation? [4 marks]
QUESTION 2 [10 marks]
What is nuisance? Explain the difference between public and private nuisance. What are the remedies available in common law?
QUESTION 1 [10 marks]
Write an essay on the difference between agents actual and apparent authority. Ensure that in your essay you:
(a) Distinguish between agents’ express and implied actual authority. [3 marks]
(b) Distinguish between an agent’s actual and apparent authority. [3 marks]
(c) Explain when an agent can exercise apparent authority? [4 marks]
QUESTION 2 [10 marks]
What is ‘undue influence’? What is ‘unconscionable dealing’? What is the difference between the two? [Need to cite the legal authority on the difference between the two.]