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LAW501: COMMERCIAL LAW

MID TRIMESTER EXAM

Trimester 3, 2010

Weighting: 25%
Duration: 3 hours 10 minutes
Mark Allocation: 100 marks

SOLUTIONS MANUAL

Note: All sections and all questions are compulsory

Section AMultiple Choice20 Marks
Section B True/ False 20 Marks Section CShort Answers 20 Marks
Section DCase Studies 40 Marks
TOTAL100 Marks

Section A Multiple Choice 20 Marks

Choose the best answer and write it in the spaces provided in the answer booklet.

1)Which of the following is correct?

A.In a criminal case, the burden of proof is on prosecution and standard of proof is beyond reasonable doubt B.In a criminal case, the burden of proof is on the plaintiff and the standard of proof is beyond reasonable doubt C.In a civil case, the burden of proof is on the prosecution and the standard of proof is beyond reasonable doubt D.In a civil case, the burden of proof is on the plaintiff and the standard of proof is beyond reasonable doubt

2)Krishna sold his goat to Lalita. After the sale was completed Krishna promised that the goat was free from vice. It was in fact vicious. Court held that the sale was no consideration for the promise by Krishna and was therefore unenforceable. This example best illustrates:

A.Executed consideration
B.Past Consideration
C.Promissory estoppels
D.Present Consideration

3)A contract can be expressed or implied. Expressed contracts are:

A.Written
B.Verbal
C.By action only
D.Both A and B

4)A case that would not be considered under Civil Law is one?

A.That is between private individuals or companies
B.Where the party initiating the case is the plaintiff, and the other party is the defendant C.Where there is no involvement of the police
D.Where the wrongdoing is done to the society as a whole

5)Misrepresentation is when one party tries to mislead the other to enter into a contract. If the plaintiff can prove that misrepresentation has been the factor in making of the contract, the contract may be held to be:

A.Voidable
B.Unenforceable
C.Executed
D.Enforceable

6)When an offer is made to the whole world, the offer can be accepted by:

A.An insane person
B.A minor
C.Any member of a company on behalf of the company
D.Any person who has capacity to enter into contracts

7)Agreements between husbands and wives who have not legally separated are likely to be which of the following:

A.Have intention to be legally binding
B.Lack intention to be legally binding
C.Create void contracts
D.Create voidable contracts

8)Consideration can be in one of these forms except:

A.Forbearance
B.Performance of existing contractual duty
C.An act for a promise
D.A promise for a promise

9)Contracts with minors is void if the contract is entered for:

A.Business or trade
B.Cash
C.Necessaries
D.Beneficial contracts of service

10)Which of the following is essential for a valid simple contract?

A.Money
B.Consideration
C.A signed document
D.A written document

11)A void contract can be defined as a contract which is:

A.Valid except for a very small mistake
B.Enforceable between the parties
C.Full of mistakes which need to be resolved before the parties go any further D.Not enforceable at law

12)“Invitation to treat” in contract law is

A.A binding offer to make a contract
B.A condition subsequent to a contract
C.An invitation by the seller to persons interested in buying a good to make an offer to purchase from the seller D.A contract made in relation to a party

13)Harold wishes to recover a debt of $60,000 from Bill. In which Court in Fiji would Harold commence legal action:

A.The supreme Court
B.The Magistrates Court
C.The Court of Appeal
D.The High Court

14)Salote is arrested and charged...
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