Business Law Week 1

What are synonyms (the same words) for committing a tort?

• Tortious Act

• Claim for Breach of Tort

• Make a Claim for a Breach of Tort

• Guilty of Tort Breach

• Showing a Tort Breach

Answer explanation

Guilty and Not Guilty are only found in criminal law

What type of legal test should you use here?

When determining a claim for the tort of battery, you must show that there was direct interference, that was reckless or negligent, and has no lawful justification

• Elements Test

• Factorial Test

• Rebuttable Presumption Test

• Or Test

• But For Test

Answer explanation

If you're seeing a lot of and's, with all and's needing to be proven, then it's likely to be an elements test

What type of legal test should you use here?

When working out whether the parties intended to form a contract, the courts will assume that families did not intend to create legal relations unless there is evidence that suggests that there was a commercial flavour, such as seriousness and the contract being formed at arm's length.

• Elements Test

• Factorial Test

• Rebuttable Presumption Test

• Or Test

• But For Test

Answer explanation

The courts will assume that there was no intention to creat legal relations - we then have to explore any evidence to the contray

What type of legal test should you use here?

When determining whether the defendant has breached their duty of care, the courts will assess the defendant's actions against a reasonable person by looking at the probability of harm, the standard of harm, the burden of taking precautions, and the social utility of the defendant's actions.

• Elements Test

• Factorial Test

• Rebuttable Presumption Test

• Or Test

• But For Test

Answer explanation

We need to look at multiple things here, and then make a decision as to whether it was either a breach of their duty of care or not. Given we are exploring multiple factors that could go one way or another, it must be a factorial test

What type of legal test should you use here?

To show that the contract formed was a consumer contract under s3 of the ACL, the contract must be for under $100k, or be a contract that is ordinarily for household/domestic purposes, or be for a motor vehicle

• Elements Test

• Factorial Test

• Rebuttable Presumption Test

• Or Test

• But For Test

Answer explanation

So many or's here, it's almost a mine!

What type of legal test should you use here?

Had the defendant not breached their duty of care in negligence, then the harm would not have occurred to the plaintiff

• Elements Test

• Factorial Test

• Rebuttable Presumption Test

• Or Test

• But For Test

Answer explanation

Here, we have a counterfactual. We need to consider the counterfactual, and then decide whether the element is satisfied or not. This makes it a but for test

What type of legal test should you use here?

Other than passing a board resolution for an improper purpose, would a reasonable director have made the same decision?

• Elements Test

• Factorial Test

• Rebuttable Presumption Test

• Or Test

• But For Test

Answer explanation

Sir Mix-a-Lot loves this test

What type of legal test should you use here?

A director can rely on the business judgement rule if they made the judgement in good faith for a proper purpose, they did not have a material, personal interest in the subject matter, they informed themselves about the subject matter, and they rationally believed that the judgement was in the best interest for the company

• Elements Test

• Factorial Test

• Rebuttable Presumption Test

• Or Test

• But For Test

Answer explanation

There's antimony, arsenic, aluminum, selenium
And hydrogen and oxygen and nitrogen and rhenium
And nickel, neodymium, neptunium, germanium
And iron, americium, ruthenium, uranium

What type of legal test should you use here?

When determining whether a duty of care arises, the courts will consider several salient features to determine whether it is one where a duty of care ought to be owed.

• Elements Test

• Factorial Test

• Rebuttable Presumption Test

• Or Test

• But For Test

Answer explanation

!

What type of legal test should you use here?

When considering whether there was a misrepresentation, the courts will need to be satisfied that there was a statement fact that was false, that it induced the contract, and the other party suffered a loss

• Elements Test

• Factorial Test

• Rebuttable Presumption Test

• Or Test

• But For Test

Answer explanation

Ha. You thought it was going to be in sets of five.

Or there will be lots of egg on my face if you all got this right. I hope you did.