Contract Law Revision - 11 Legal

Which of the following IS a feature of CIVIL law?

• Nature = R v Citizen

• Standard of proof = beyond a reasonable doubt

• Purpose = protect society & punish those who cause harm

• Parties = Plaintiff & Defendant

Which of the following IS NOT a feature of CIVIL law?

• Nature = Citizen v Citizen

• Purpose = to compensate those who are harmed by the another

• Outcome = penalties such as fines & imprisonment

• Standard of proof = on the balance of probabilities

Under civil law, the party who is determined to be in the wrong is referred to as being:

• Guilty

• Responsible

• Liable

• Naughty

The SOURCES of Civil law are:

• Australian Constitution

• Statute Law

• Common Law

• Statute Law & Common Law

How elements of a contract are there?

• 1

• 2

• 3

• 4

Which of the following is NOT an element of a contract:

• Consideration

• Terms

• Offer & Acceptance

• Intention

An offeror can set terms if:

• The terms are clearly communicated to the offeror

• The terms are brought to the attention of the offeree

• The terms are communicated before the contract is entered into

• All of the above

What is the reasons for SETTING ASIDE a contract in the following scenario:

The person is told to sign a contract otherwise they will be harmed.

• Lack legal capacity

• Lack of genuine consent

• Legality of the object

What is the reasons for SETTING ASIDE a contract in the following scenario:

The person is intoxicated at the time of entering into the contract.

• Lack legal capacity

• Lack of genuine consent

• Legality of the object

What is the reason given for the DISCHARGE of a contract in the following scenario:

A person declares bankruptcy and is released from all of the contractual obligations. Therefore, they can end their yearly contract with a gym only a few months into the contract, without penalty.

• Discharge by performance

• Discharge by frustration

• Discharge by agreement

• Discharge by operation of law