Marking Criteria for Comprehension Questions (Short Response)

According to the marking criteria, what is required for a student to achieve 9-10 marks in their response?

• Adequate identification of features and narrow use of legal terminology

• Accurate and detailed identification of essential features, thorough explanation of concepts, and precise use of legal terminology

• Partial identification of features and partial description of concepts

• Identification of aspects of legal systems and inconsistent use of terminology

Fill in the blank: To achieve 7-8 marks, a student must provide ______ identification of the essential features of Australian and Queensland legal systems, with a focus on civil law, and effective explanation of concepts, principles, and processes.

• effective

• minimal

• vague

• partial

The difference between an offer and an invitation to treat is:

• An offer is a definite promise to be bound, while an invitation to treat is an invitation to negotiate or make offers.

• An invitation to treat creates a binding contract, while an offer does not.

• An offer is not legally recognized, while an invitation to treat is.

Which common law defence relates to a misunderstanding of essential facts?

• Undue influence

• Unconscionable conduct

• Illegality

• Duress

The purpose of the Australian Consumer Law (ACL) contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) is to:

• Protect consumers by setting out rights and obligations for fair trading and consumer protection.

• Regulate only business-to-business contracts without consumer involvement.

• Establish criminal penalties for all types of commercial disputes.

• Provide tax benefits to businesses that comply with consumer requests.

The common law defence ‘undue influence’ for breach of contract refers to:

• where one party is able to dominate the will of another, making the contract voidable.

• A mistake made by both parties regarding a fundamental fact.

• A contract entered into under duress or threat of violence.

• A misrepresentation of facts by one party to another.

The impact of a ‘serious breach’ by one party to a contract is that:

• the other party may terminate the contract and claim damages.

• the contract automatically renews.

• the breaching party receives a reward.

• the contract becomes void from the beginning.

Describe a legal ‘warranty’. Provide an example.

• A warranty is a guarantee that the product will never fail. E.g., if a laptop battery fails, the store must replace the entire laptop for free. It is a term that is so important to the contract that failing to uphold it lets the aggrieved party terminate and claim damages

• A warranty is collateral; breach allows plaintiff to claim damages only. E.g., a store promises a new laptop’s battery will last eight hours; if it lasts six, the buyer can sue for compensation but must keep the laptop.

The defence of 'duress' can be explained as:

• A legal defence where a person claims they committed a crime because they were forced or threatened with harm.

• A defence used when a person was unaware of the law or makes a mistake of identity.

What is the common law defence of 'mistake' for breach of contract? Fill in the blank: Mistake is a defence where parties are genuinely ______ about essential facts forming the contract’s basis.

• misled

• aware

• certain

• informed