分享一些comlaw101的quiz习题

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整理一些过去的资料发现，还有一些comlaw101的quiz习题，所以放到论坛给要学习comlaw101的人拿来练习一下，也可以当作复习资料。。 希望大家不要纯粹的拿来抄。。这样对学习会起到相反的作用
quiz主要是一些期中考试之后学习内容的习题，因为期中考试前面的内容也比较简单，而且final也主要是考后面的，所以大家凑合着用吧~~~

1. A television station broadcasts images froma hidden video camera it has placed inside a celebrity's garden. A complaint tothe Broadcasting Standards Authority under section 4 of the Broadcasting Actmight result in a finding that:

A. There has been a breach of the public factstort as defined under its Code of Practice

B. There has been a breach of the tort ofintrusion as defined under its Code of Practice

C. A legitimate public interest in the imagesoverrides the complainant's privacy

D. Any of the above are possible

2. Anne postes an embarrassing video ofherself on her personal profile on a social network on which she selects the"share with friends" privacy option. Anne's friend Barry copies thevideo and posts it on youtube. Anne would not be able to bring an actionagainst Barry under the privacy tort because:

A. Sharing the video with Barry means Anne hasgiven up her right to privacy in respect to it

B. There is a legitimate public interest inviewing videos on youtube

C. Section 14 of the Bill of Rights Act 1990always overrides an individual's right to privacy

D. A should sue youtube instead

3. Mary asks her employer for a copy of herpersonal file. The employer:A. Has to give it to her although some detailsmay be withheld if her file contains information about other individuals B. Does not have to give it to her asemployment records are not covered by the Privacy Act C. Only has to give it to her if the employeris not a small business D. Only has to give it to her if the file isin hard copy
4. `A single event, act or omission may giverise to several alternative causes of action.` In such situations:

A. More than one cause of action can bepleaded by the plaintiff in the statement of claim.

B. It is the plaintiff`s choice as to whichcause/causes of action is/are pleaded.

C. Even though more than one cause of actionis available, the plaintiff is not able to claim double or cumulative damages. D. All of the above are true.

5.  Mary applies for a job. John supplies aconfidential reference. Mary's request for a copy of the reference

A. Must be granted

B. Can be declined as it is evaluativematerial disclosure of which would breach a promise of confidentiality given tothe    referee

C. Can be declined as it is not personalinformation about her

D. Can only be declined if it containspersonal information about the referee

6. In order to enforce a civil obligation, thelaw:

A. usually requires proof of harm.

B. always requires proof of harm.

C. never requires proof of harm.

D. rarely requires proof of harm.

7. If X takes a photograph of Y having ashower and publishes it, the most likely cause of action for Y would be:

  A. invasion of privacy.

B. breach of trust.

C. breach of fiduciary duty.

D. breach of confidence.

8.The Private Act 1993 governs how agencies

A. Collect personal information

B. Use personal information

C. Disclose personal information

  D. All of the above

9. In establishing whether the tort ofinvasion of privacy has been made out in any case, the court`s primaryconsideration would be:

A. whether the defendant is making a profitfrom the publication.

B. whether the plaintiff`s reputation has beeninjured or would be injured by the publication.

C. general standards of acceptable behaviourin the community.

D. whether a reasonable person would be highlyoffended by the publication of such true facts.

E. whether publication will result indisorderly behaviour likely to cause violence.

F. All of the above would be crucial factorsconsidered by the court in establishing whether the tort of invasion of privacyhas been made out in any case.

10.  A breach of confidence might be establishedby a plaintiff in the following way/s:         

    A. by claiming an equitable breach ofconfidence in terms of the `traditional` type of case where there has been aninitial act of confiding.

B. by claiming an equitable breach ofconfidence even where there has been no initial act of confiding, but there isimproper obtaining or use of the information.

C. by claiming breach of an express term as toconfidentiality in a contract.

D. by claiming breach of an implied term as toconfidentiality in a contract.

E. by claiming a misuse of confidentialinformation in circumstances where the defendant is in a fidcuiary position.

F. All of the above.

  

846206255

dddddddddddddddddddd

Miao2333

多谢楼主！！！！

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雨天下的向日葵 发表于 2013-3-2 10:14
我对LZ的敬仰之情犹如滔滔江水绵延不绝。黄河泛滥一发不可收拾。。

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chapove 发表于 2013-2-20 14:06
支持楼主。。。。。。。。。。。

谢谢支持

雨天下的向日葵

我对LZ的敬仰之情犹如滔滔江水绵延不绝。黄河泛滥一发不可收拾。。

chapove

支持楼主。。。。。。。。。。。

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kawaiii 发表于 2012-11-2 11:31
有quiz 2的嗎?

final只靠quiz3-5的内容，所以1，2我手上没有，不好意思

kawaiii

有quiz 2的嗎?

jimmyang

之前我花15nzd在网上买了个203的，结果没啥用。lz真是好人免费公开

Xincky

好人啊！！！！

2D-Jimmy

lz好人，下辈子美利坚。。。。。

Supreme__R

我就18块在skykiwi买了一份。。 刚买。。。   真后悔没早点看到。。

BenChung

baga...

10and1

楼主好人！！！

wshizhaoxiang

BTW 鄙视那些那quiz卖钱的家伙。。。。想钱想疯了、、、、、、

wshizhaoxiang

LZ我爱你！！！

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41. Sara owns a house with Bob. Sara dies andher half share in the house goes to Dylan under her will. Sara and Bob ownedthe house as:

A. tenants in common.

B. joint tenants.

C. separate but joint owners under thePersonal Property Securities Act 1999.

D. trustee and beneficiary.

42. An `estate in fee simple` is:

A. the same as a life estate as all land mustpass upon death according to the law of succession.

B. a piece of land not subject to a mortgage.

C. an estate in land for a specified number ofyears.

D. None of the above accurately describes an`estate in fee simple`.

43. Under the traditional classification ofproperty (in the law of property), the following items would be classified as`personal property`:

A. Computers, cars, milled timber, company shares and copyrights.

B. Computers, cars, milled timber, companyshares and houses.

C. Everything owned by an individual.

D. None of the above is true.

44. A "limited liability company":

A. is formed under the Companies Act 1993.

B. is built around the concept of anartificial legal person.

C. is a separate legal entity from those whoown/operate it.

D. All of the above are accurate statements inrespect of a limited liability company.

45.Which of the following remedies arepotentially available for infringement of copyright?

A. Damages.

B. Injunctions.

C,Delivery up of infringing copies.

D. Account of profits.

E. All of the above.

46. A business named "Sarah F. Antasy,trading as Fantasy Florists" would most likely be a:

A. company.

B. partnership.

C. sole proprietorship.

D. agency.

47. Intellectual property can be commercialisedor exploited through the use of:

A. franchises.

B. licences.

C. user agreements.

D. sale and purchase agreements.

E. All of the above.

48. In respect of liability in a partnership,select the correct statement:

Why is there a need for agency law in tradeand commerce?

A. Because concepts of agency are important inpartnership law; partners being both agents of the firm and of the otherpartners in respect of partnership business.

B.Because corporations are artificial personsand can only act through human agents.

C. Because persons in business are usuallyunable to attend to everything personally and, without the ability to appointan agent, business activity would be limited to what an individual couldpersonally transact.

D. All of the above reasons apply.

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31. Armand buys an embroidery book written byAgador. Armand lends it to his friend Albert. It would be accurate to state:

A. The book is Armand`s property but Alberthas an overriding claim as Albert has actual possession and everyone knows that`possession is nine-tenths of the law`.

B. The book is Armand`s property but Agadorhas intellectual property rights over the words and diagrams on the pages.

C. The book is owned by Agador so Armand mustpay Agador a usage fee each time Armand reads it.

D. Now that possession and ownership areseparated, the ownership in the book is in question and there is likely to be aPolice prosecution against Albert for the theft of the copyright in the book.

32. In relation to "franchises",select the correct statement:

A. A franchise usually involves a partnershiprelationship between the franchisor and the franchisee.

B. In a franchise business, the businessliabilities of the franchisee will be the same as those of the franchisor.

C. A franchise often involves the franchiseebeing licensed to use the intellectual property of the franchisor.

D. All of the above are correct statements.

33.Intellectual property statutes in NewZealand provide for REGISTRATION of all but one of the following types ofintellectual property. Which of the following is NOT capable of beingregistered?

A. Plant variety rights.

B. Trade marks.

C. Patents.

D. Designs.

E. Copyright.

34. In relation to the formation of apartnership, select the correct statement:

A. To come into existence, a partnership mustbe formally created by way of a partnership deed.

B. To come into existence, a partnership mustbe formally incorporated.

C. To come into existence, a partnership mustbe registered under the Partnership Act 1908.

D. None of the above is accurate.

35. The significant concept upon which the LandTransfer system is based is:

A. the concept of indefeasibility of title,meaning that the interests in land which are registered on the title to landare conclusive of matters relating to that land.

B. the personal properties security registerwhich provides a system of notice and priority in respect of personal propertysecurities.

C. the `nemo dat` rule meaning that you cannotgive a better title to property than what you yourself had.

D. None of the above is true.

36. Limited liability companies:

A. have artificial legal personality and areregistered under the Companies Act 1993.

B. are not separate legal entities from thosewho own them.

C. have corporate owners who are personallyliable for any criminal offences committed by the company.

D. All of the above are true statements.

37. A "limited liability company":

A. is formed under the Companies Act 1993.

B. is built around the concept of anartificial legal person.

C.is a separate legal entity from those whoown/operate it.

D. All of the above are accurate statements inrespect of a limited liability company.

38. Which of the following are items ofpersonalty?

A. Books, cars, boats and houses.

B. Houses, trees on land and milled timber ina yard.

C. Books, company shares and patents.

D. Computer software, computers, offices andswimming pools.

E. None of the above.

39. In relation to "franchises",select the correct statement:

A. A franchise usually involves a partnershiprelationship between the franchisor and the franchisee.

B. In a franchise business, the businessliabilities of the franchisee will be the same as those of the franchisor.

C. A franchise often involves the franchiseebeing licenced to use the intellectual property of the franchisor.

D. All of the above are correct statements.

40. Select the BEST definition of "anagent" from the list below:

A. An agent is a person engaged for thepurpose of bringing another into contractual relations with third persons.

B. An agent is a person engaged for thepurpose of doing any work for another person.

C. An agent is a person engaged by a thirdparty for any purpose.

D. An agent is a person who sells commoditiesfor a third person.

E. An agent is a person who sells property fora third person.

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21. Blaize and Raine own a residential propertyin Ellerslie. Raine dies and her interest in the property passes to Blaize `bysurvivorship`. This means that:

A. Blaize and Raine held the property astenants in common in equal shares.

B. Blaize and Raine held the property as jointtenants (in a joint tenancy).

C. Raine had no children who could haveinherited the property.

D. Raine must have been in debt to Blaize.

22. In respect of legal and equitableinterests:

A. a beneficiary has legal ownership.

B. the trustee has an equitable interest.

C .both legal and equitable interests can beheld in the same property at the same time.

D. All of the above are true.

23. Directors of a company:

A. owe duties of good faith and loyalty to thecompany.

B. owe no duties at all to the company and cando whatever they like, even pursuing their own personal interests.

C. can engage in reckless trading, even ifcreditors of the company are harmed.

24. An `inter vivos trust`:

A. comes into effect while the settlor isalive.

B. is created by writing (namely a `trustdeed`).

C .is distinguished from a `testamentarytrust` which comes into effect upon the death of the person who set up thetrust.

D. All of the above are true.

25. In a trust, the trustee:

A. originally owns the trust property butloses this legal ownership once the trust is set up and the property istransferred.

B. holds the legal title to the trustproperty.

C. holds the equitable title to the trustproperty.

26. In relation to the law of trade marks, oneof the following statements is incorrect. Select the INCORRECT statement:

A. A trade mark is a sign capable of beingrepresented graphically and distinguishing the goods and services of one personfrom those of another person.

B A trademark could never include a sound, a smell, a taste or a word as these are specifically excluded from the statutory definition.

C. In order for a trade mark to be protectedunder the Trade Marks Act 2002, it must be registered under that Act.

D. Both civil remedies and criminal penaltiesare available in New Zealand if a registered trade mark is infringed.




27. A key feature of the "agency"concept is that: A. A principal is never liable for the acts ofhis agent.

  B. The agent is able to bring the principalinto legal relations with a third part
C.The relationship between principal andagent is not one of a fiduciary nature. D. None of the above statements is true.



28. A "joint venture":

A. refers to a situation where differentbusinesses combine to carry out a particular project or enterprise.

B. may be based on a contract between two ormore "co-venturers".

C. may be structured as a company, with the"co-venturers" holding shares in the joint venture company.

D. may in fact be a partnership, even thoughthe "co-venturers" were not aware they were in the relationship ofpartnership.

  E. All of the above are true.

29. In relation to the liability of differentbusiness structures, select the correct statement:

A. Sole traders are personally liable for alldebts and obligations entered into.

B. In a partnership, partners are jointly andseverally liable for the debts of the partnership.

C. Shareholders in a company who have fullypaid up shares, have no further liability on those shares in the event offinancial difficulty/failure of the company.

D. All of the above are correct statements.

30. An inter vivos trust is a type of:

A. testamentary trust.

B. trust created by legislation.

  C. express private trust.

D. All of the above.

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11. Which of the following are stated purposesof the Companies Act 1993, as set out in the (Long) Title to the Act?

A. To reaffirm the value of the company as ameans of achieving economic and social benefits through the aggregation ofcapital for productive purposes, the spreading of economic risk, and the takingof business risks.

B. To provide basic and adaptable requirementsfor the incorporation, organisation, and operation of companies.

C. To define the relationships betweencompanies and their directors, shareholders, and creditors.

D. To encourage efficient and responsiblemanagement of companies by allowing directors a wide discretion in matters ofbusiness judgment while at the same time providing protection for shareholdersand creditors against the abuse of management power.

E. To provide straightforward and fairprocedures for realising and distributing the assets of insolvent companies.

F. All of the above are stated purposes of theCompanies Act 1993, as set out in the (Long) Title to the Act.

12. The technical term for a breach of theCopyright Act 1994 is:

A. `cause of action`.

B. violation

C. contravention

D. infringement

E. None of the above.

13. Mr Smith is a sole trader. He operates apainting and decorating business under the name "Smith`s Painters &Decorators". Select the correct statement in respect of Mr Smith`sbusiness:

A. Mr Smith owns and controls the business.

B. Mr Smith may not employ anyone else in thebusiness as he must operate it as a sole entity.

C. Mr Smith would have been required to set upthe business formally under the Sole Proprietorship Act 1993.

D. All of the above are true statements inrespect of Mr Smith`s business.

14. Select the best definition of"partnership":

A. A partnership is the relationship of two ormore persons who are in business and are known as a firm.

B. A partnership is the association betweentwo or more persons who are in a business contractual relationship.

C. Partnership is the relation which subsistsbetween persons carrying on a business in common with a view to profit, asdefined in section 4 of the Partnership Act 1908.

15. In the case of "Salomon v Salomon& Co Ltd" (1897) the House of Lords found that:

A. a company is a distinct legal person,separate from those who own its shares and from those who control and operateit.

B. Mr Salomon and his company (Salomon &Co Ltd) were one and the same legal person, and were not distinct legalentities.

C. Mr Salomon and his company (Salomon &Co Ltd) were in fact in a joint venture in the nature of partnership and that,accordingly, Mr Salomon owed fiduciary obligations to himself.

D. Mr Salomon was acting illegally asbootmaking was not a legitimate business activity in the late 19th century.

16. A "sole proprietorship" is abusiness conducted by:

A. a partnership.

B. a company.

C. a natural person.

D. a corporate person.

17. In relation to the law of property, whichof the following statements is NOT true?

A. A swimming pool would be an item of real property.

B. Under the doctrine of eminent domain thecrown has paramount ownership of land.

C. A company cannot own property, only naturalpersons can.

D. A secured creditor has priority of claimover an unsecured creditor.

18. Intellectual property is generated bycreativity of the mind, and intellectual property rights protect the interestsof such creators of original works by:

A. Granting certain exclusive rights (such ascopyright) in respect of their creations.

B. Creating a type of `temporary monopoly`over such intangible assets and thereby providing the creators with an economicincentive to share their ideas and information rather than keeping them secret.

C. Facilitating the commercialisation ofintellectual property (through the use of licences, franchises and the like)whilst still protecting these intangible assets.

D. All of the above.

19. There are various types of businessstructures that are based on CONTRACT. Examples of such business structuresare:

A. partnerships and companies.

B. joint ventures and franchises.

C .joint ventures, franchises and companies.

D. partnerships, joint ventures, franchisesand corporations.

E. joint ventures, franchises, partnershipsand sole proprietorships.

20. If the registered proprietors of a piece offreehold land are described on the title as `John Doe, chef and Jane Doe, hiswife, as to an undivided one third and two third shares respectively`, they ownthe land:

A. as tenants in common in relation to their respectiveshares.

B. as joint tenants.

C. as joint tenants in unequal shares.

D. until the lease or tenancy expires.

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QUIZ 5




1. A business named "Fantasy FloristsLtd" would be:

A. a corporation.

B. a sole trader.

C. a partnership.

D. a firm.

2. Copyright is an example of:

A. intangible property.

B. intellectual property.

C. personal property.

D. All of the above.

3. In trust law, the trustee:

A. holds legal title to the trust property.

B. is obliged to hold the trust property forthe benefit of the beneficiaries.

C. owes a fiduciary duty to the beneficiaries.

D. All of the above are true.

4. A secured creditor:

A. never goes unpaid when a borrower defaults.

B. has direct rights against the securedproperty when a borrower defaults.

C. has direct rights against all the propertyof the borrower if the borrower defaults.

D. All of the above are true.

5. In relation to the law of property, a`secured creditor` will be paid out:

A. before the unsecured creditors are paidout.

B. before the unsecured creditors are paid outbut only if the secured creditor has actual possession of the secured property.

C. after all the other creditors have beenpaid out.

D. after all the unsecured creditors have beenpaid out.

6. Mr and Mrs Pretty jointly own a residentialproperty in Auckland which is rented out to Columbine. Mr Pretty wants to havesome cosmetic surgery done but his wife does not approve of spending any oftheir money on this. Mr Pretty borrows $30,000 from XYZ Bank and a mortgage infavour of XYZ is registered on the title to the property. Mrs Pretty knows nothingof these transactions, nor does she know that her husband has forged hersignature on the mortgage document. XYZ is also unaware of the deception. MrPretty is unable to keep up the mortgage repayments and XYZ exercises its powerof sale under the mortgage. The property is sold at auction to Columbine (whois very pleased that she has been able to purchase the property at the modestprice reached at the mortgagee sale). Columbine buys the property in good faithand without any knowledge of Mr Pretty’s misdeeds. Mrs Pretty later becomesaware of what has transpired in respect of the property. In thesecircumstances, under the Land Transfer system and on the authority of Frazer vWalker [1967] NZLR 1069, which of the following situations would result?

A. Columbine, as registered proprietor, wouldobtain good title as she acted in good faith at all times and without anyknowledge of the fraud.

B. The property would be placed in the name ofthe bank for a fresh auction now that all parties are aware of the true factualsituation.

C. The property would be transferred to MrsPretty`s sole name due to Mr Pretty`s fraud, with Columbine then being able tosue Mr Pretty.

D. The property would be returned to the jointownership of Mr and Mrs Pretty as tenants in common, with Mrs Pretty andColumbine then being able to sue Mr Pretty.

7. In relation to the law of property, a`secured creditor` will be paid out:

A. before the unsecured creditors are paidout.

B. before the unsecured creditors are paid outbut only if the secured creditor has actual possession of the secured property.

C. after all the other creditors have beenpaid out.

D. after all the unsecured creditors have beenpaid out.

8.In respect of legal and equitableinterests:

A. a beneficiary has legal ownership.

B. the trustee has an equitable interest.

C. both legal and equitable interests can beheld in the same property at the same time.

D. All of the above are true.

9. An express trust may be set aside if it:

A. is shown that it was intended to defeatcreditors.

B. has an illegal purpose.

C .is contrary to public policy.

D. All of the above.

10. In relation to agency, select the correctstatement:

A. The law of agency is not as important intrade and commerce today, as more modern business relationships have beendeveloped to cover the same situation.

B. All agency relationships are governed bythe Agency Act 1908.

C. An agency involves a fiduciary relationshipbetween the agent and the principal.

D. All of the above are correct statements.

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49. Fiduciary duties generally require:

A.disclosure to the beneficiary/principal ifthe fiduciary stands to gain personally from the transaction.

B. considering the interests of thebeneficiary/principal.

C. refraining from doing anything which willharm the interests of the beneficiary/principal.

D. All of the above are general fiduciaryduties..

50. Liability in negligence is part of:

A. the law of contract.

B. the law of torts.

C. fiduciary law.

D. the law of equity.

E. the law of statutory obligations.

F. None of the above.

51. Consideration, in the law of contract, maybe descibed as:

A. what is given up for what is gained.

B. a `quid pro quo` (from the Latin, meaning`something for something`).

C.the price paid by one party to a contractfor the other\'s promise to do something.

D. All of the above.

52. To prove a case in negligence, theplaintiff must prove that the defendant:

A. failed to perform the contract between themwith due care.

B. breached a statutory duty of care.

C. did not measure up to the level of anaveragely prudent person.

D. All of the above.

53. There are numerous `policy reasons` forjudicial reluctance to impose liability in the tort of negligent misstatement.These policy reasons include:

A. the concern that words are more volatilethan deeds; words are used without being expended (unlike a defective bottle ofginger beer).

B. reluctance to impose liability fornegligent advice when that advice has not been paid for.

C. the concern that plaintiffs should not bepermitted to `by-pass` the rules required to prove defamation, by successfullypleading negligent misstatement as a substitute.

D. the difficulty, in such cases, relating tothe causation issue; namely ascertaining whether it was the plaintiff`s actualreliance on the negligent statement which caused the loss or whether it wascaused by the plaintiff`s own lack of care in the decision to act.

E. All of the above are `policy reasons` forjudicial reluctance to impose liability in the tort of negligent misstatement.

54.`Chinese wall` is:

A. a defence.

B. a cause of action.

C. illegal in New Zealand.

D. illegal in New Zealand and the UnitedKingdom.

E. a statutory obligation.

55. Which of the following elements would aplaintiff suing in the tort of negligence have to prove in order to succeed inthe action?

A. A breach of the duty of care owed to theplaintiff; the fact that the breach caused the harm to the plaintiff and thatthe defendant intended to cause that harm; and that the harm is not too remote.

B. A breach of the duty of care owed to theplaintiff; the fact that the breach caused the harm to the plaintiff; and thatthe harm is not too remote.

C. A breach of the duty of care owed to theplaintiff; the fact that the breach caused the harm to the plaintiff; that theharm is not too remote; and that there is no contract between the plaintiff andthe defendant.

D. A duty of care was owed to the plaintiff;that the duty of care has been breached by the defendant; and that the harm isnot too remote.

56. A deed could be described as:

A. a contract.

B. a written record of a contract.

C. an act of performing a contract.

D. None of the above.

57. In relation to fiduciary law, it is correctto say:

A. fiduciary duties will vary depending on thetype of fiduciary relationship.

B. the law of fiduciary obligations is acentral part of equity.

C.liability may be avoided in a conflict ofinterest situation if there is full disclosure of all material facts andagreement to the conflict.

D. All of the above are correct.

58.To prove a case in negligence, theplaintiff must prove that the defendant:

A. failed to perform the contract between themwith due care.  

B. breached a statutory duty of care.

C. did not measure up to the level of anaveragely prudent person.

D. All of the above.






59. Consideration is:

A. not legally required by a. party to a deed.

B. measurable only in financial terms.

C. optional, as long as parties to a contractact in good faith.

D. All of the above.





60. Which of the following contracts would needto be recorded in written form in order to be enforceable?

A. The purchase of any food, as consumption ofcontaminated food can lead to illness and even death.  

B. The purchase of any motor vehicle, asunsafe motor vehicles are hazardous on our roads.

C. The construction of any building, asunsound buildings cause major financial difficulty and possible bankruptcy forindividuals.

  D. All of the three specific contractualsituations referred to above, as it is a major function of the law of contractto protect people from bargains which might cause physical damage or financialloss.

E. None of the above is correct

61. Failure to pay for a round of drinks foryour friends at the pub, as promised, is likely to be

: A. no breach of contract as the promise is notlegally binding.

B. no breach of contract as promises to buyalcohol are illegal and against public policy.

C. a breach of contract entitling your friendsto cancel the contract with you.

D. a breach of contract entitling your friendsto cancel their friendship.  



62. Consideration is:

  A. not legally required by a party to a deed.

B. measurable only in financial terms.

C. optional, as long as parties to a contractact in good faith.

D. All of the above.

Bryan.CHEN

果断备份了，lz威武

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39. A counter offer:

A.must be made in person over a counter.

B. restarts the pre-contractualnegotiation/bargaining process.

C. will result in a new bargain unlesspromptly rejected by the other party.

D. must be made in writing in order to belegally binding.

40. In relation to the law of fiduciaryobligations, select the INCORRECT statement from the following:

A. Fiduciary obligations cannot coexist withcontractual obligations.

B. A fiduciary obligation owed by an employeeto an employer will be strengthened where an employee is in a more seniorposition.

C. A moonlighting employee must take care thatshe is not in breach of her duty to avoid competition with her employer.

D. A fiduciary must account for any profitssecretly obtained.

41. Communication of acceptance by an offereeis:

A. without exception, essential to completeany contract.

B. necessary, unless time is short.

C. unnecessary, unless there is plenty of timefor this to occur.

D. required only in cases where there has beenan invitation to treat.

E. not required if the offer is interpreted aswaiving the need for communication of acceptance by the offeree.

42. In relation to fiduciary law, it is correctto say:

A. fiduciary duties will vary depending on thetype of fiduciary relationship.

B. the law of fiduciary obligations is acentral part of equity.

C. liability may be avoided in a conflict ofinterest situation if there is full disclosure of all material facts andagreement to the conflict.

D. All of the above are correct.

43. Fiduciary duties generally require:

A. disclosure to the beneficiary/principal ifthe fiduciary stands to gain personally from the transaction.

B. considering the interests of thebeneficiary/principal.

C. refraining from doing anything which willharm the interests of the beneficiary/principal.

D. All of the above are general fiduciaryduties..

44. In relation to the law of contract:

A. It is not permissible for the parties toagree at the time a contract is made what damages should be recoverable in theevent of a breach of the contract, as this is seen as an attempt to exclude thejurisdiction of the courts in determining the amount of damages, and istherefore unlawful.

B. It is permissible for the parties to agreeat the time a contract is made what damages should be recoverable in the eventof a breach of the contract, and any amount agreed upon will be strictlyenforced by the courts.

C. It is permissible for the parties to agreeat the time a contract is made what damages should be recoverable in the eventof a breach of the contract, but a court will only uphold such a term if theamount agreed upon is a genuine pre-estimate of loss in the event of a breachof contract.

D. It is permissible for the parties to agreeat the time a contract is made what damages should be recoverable in the eventof a breach of the contract, but a court will only uphold such a term ofcontract if the contract has been registered under the Commercial TransactionsAct 2007.

E. None of the above is a correct statement.

45. Commonly, fiduciary relationships are owedby:

A. accountants, to their clients.

B. employers, to their employees.

C. company directors, to the shareholders.

D. All of the above.

46. The following contracts need to be recordedin written form:

A. sale of a motor vehicle.

B. construction of a swimming pool.

C. purchase of a bus ride.

D. mortgage over a farm.

47. In the tort of negligence, the legal testthat a court would employ when determining whether a defendant had breached theexpected standard of care would be the:

A. `proximity` test.

B. `reasonable person` test.

C. `foreseeability of damage` test.

D. None of the above.

48. A counter offer:

A. rejects any prior offer made.

B.is not capable of being accepted withoutfurther negotiation.

C. must be communicated in person and not viaan agent or intermediary.

D. All of the above are true.

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31.  Which of the following would be consideredto be an "invitation to treat"?

A. A knife displayed in a shop window.

B. Goods displayed on the shelves in apharmacy.

C. A prize winning bull in a pen at a cattlemarket.

D. A motorcycle advertised for sale in a localnewspaper.

E. All of the above.

32.  In relation to the law of contract, selectthe most accurate statement from the following:

A. An enforceable contract exists when anagreement between two parties is accompanied by a mutual intention to belegally bound.

B. Advertisements are always regarded asinvitations to treat.

C. Agreements between family members or closefriends, or arising out of some other social circumstance, are never regardedas valid contracts.

D. Contracts never have to be in writing to beenforceable.

33. A gift is not a contract because:

A. it lacks an invitation to treat.

B. it lacks offer and acceptance.

C. it lacks an intention to create legalrelations.

D. it lacks consideration.

E. it is not recorded in writing.

34. In the law of negligence, the higher thepotential risks associated with doing something:

A. the less likely a court would be to imposea higher standard of care upon a defendant.

B. the more likely a court would be to imposea higher standard of care upon a defendant.

C. the more likely a court would be to excusethe actions of the defendant.

D. the less likely a court would be to findthat a duty of care was even owed to the plaintiff.

35. Case law:

A. is the major source of the law of fiduciaryobligations.

B. is based on the historic doctrine ofprecedent.

C. is the subject of ongoing development inour legal system, as new cases come before the courts to be decided upon.

D. continues to develop the law of fiduciaryobligations as new cases are litigated, including those claiming a breach offiduciary obligations in circumstances outside the traditional categories.

E. All of the above are true statements.

36. A conflict of interest can only be avoidedwhere:

A. the beneficiary has some legal knowledgeabout the transaction.

B. the beneficiary makes a fully informed decision, knowing all the details of the potential conflict of interest.

C. the beneficiary signs a consent form forthe fiduciary to hold on his/her file.

D. Conflicts of interest can never be avoidedand so the fiduciary has to ensure that such a situation never arises.

37.  

Failure to pay for a round of drinks foryour friends at the pub, as promised, is likely to be:

A. no breach of contract as the promise is notlegally binding.

B. no breach of contract as promises to buyalcohol are illegal and against public policy.

C. a breach of contract entitling your friendsto cancel the contract with you.

D. a breach of contract entitling your friendsto cancel their friendship.

38. Which of the following is potentially acomplete defence in an action for negligent misstatement?

A. Contributory negligence.

B. An effective disclaimer.

C. The fact that a duty of care was owed bythe defendant to the plaintiff.

D. The fact that it was reasonable for theplaintiff to have relied on the statement made by the defendant.

E. All of the above are potentially completedefences in an action for negligent misstatement.

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24. Fiduciary relationships are basicallycharacterised by:

A. trust and confidence in one party byanother who is in a vulnerable position.

B. a recognition that both parties areessentially on an equal footing in their dealings with each other, but with onebeing more wealthy than the other.

C. dedication to the interests of theprincipal in accordance with the provisions of the Fiduciary Obligations Act1923.

D. All of the above.

25.  Implied terms:

A. must be expressed in a contract.

B. are never expressed in a contract.

C. are unenforceable unless they are approvedin advance by the court.

D. are unenforceable unless they are recordedin writing.

E. are disallowed by the courts as they createvagueness and uncertainty.

26. A duty of care may be established if:

A. the plaintiff can prove that the defendantshould have had the plaintiff in his or her contemplation when acting.

B. the plaintiff is the defendant`s next doorneighbour.

C. a defendant is not undertaking someactivity of high social value which is worthy of public policy protection.

D. the defendant knew the plaintiff before thealleged act of negligence occurred.

E. All of the above.

27. Select the correct statement in respect ofthe tort of negligence:

A. In the tort of negligence, a plaintiff isrequired to establish the pre-existence of a contractual relationship with thedefendant in order to establish liability (in negligence).

B. In the tort of negligence, a plaintiff isrequired to establish the pre-existence of a fiduciary relationship with thedefendant in order to establish liability (in negligence).

C. In the tort of negligence, a plaintiff isrequired to establish the pre-existence of both a contractual relationship anda fiduciary relationship with the defendant in order to establish liability (innegligence).

D. In the tort of negligence, a plaintiff isrequired to establish that the defendant intended to cause the harm/loss to theplaintiff in order to establish liability (in negligence).

E. None of the above is true.

28. In respect of Hedley Byrne liability,select the INCORRECT statement:

A. Liability only exists if it was reasonablefor the plaintiff to have relied on the statement.

B. In order to prove causation, the plaintiffmust prove that there was actual reliance on the statement.

C. The plaintiff must prove that there was noeffective disclaimer made by the defendant.

D. Liability in tort for negligentmisstatement grew out of the House of Lords judgment in Hedley Byrne v Heller.

E. The floodgates argument is of particularrelevance in negligent misstatement as the number of people affected by acareless statement is potentially very great.

29. `Opening the floodgates` is a principlewhich is relevant, in negligence, to the court determining:

A. whether it is appropriate in the case inquestion to lower the requisite standard of care.

B. whether it is just and reasonable to find aduty of care in the case in question.

C. the degree of sharing of liability wherethere are several defendants in the case in question.

D. liability in a case where the defendantalleges a new intervening act.

E. liability in a case involving vicariousliability.

30. `Which of the following elements would a plaintiff suing in the tortof negligence have to prove in order to succeed in the action?

A. A breach of the duty of care owed to theplaintiff; the fact that the breach caused the harm to the plaintiff and thatthe defendant intended to cause that harm; and that the harm is not too remote.

B. A breach of the duty of care owed to theplaintiff; the fact that the breach caused the harm to the plaintiff; and thatthe harm is not too remote.

C. A breach of the duty of care owed to theplaintiff; the fact that the breach caused the harm to the plaintiff; that theharm is not too remote; and that there is no contract between the plaintiff andthe defendant.

D. A duty of care was owed to the plaintiff;that the duty of care has been breached by the defendant; and that the harm isnot too remote.

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16. Which of the following is true?

A. Accountants would be subject to impliedterms in contracts with clients to take care when managing their affairs.

B. Accountants may be liable to parties otherthan clients unless they issue valid disclaimers accompanying any advice theygive to such persons.

C. Accountants owe a duty of loyalty to theirclients in equity not to personally profit from their position.

D. All of the above are true statements.

17. A fiduciary is not permitted to compete inbusiness with his principal because:

A. such behaviour is not good for the economy,particularly due to the fact that it is inflationary.

B.. such behaviour would be a breach of theFiduciary Duties Act 1908.

C. a fiduciary is required to put theinterests of the principal ahead of his own.

D. All of the above.

18. Bolton v Stone [1951] AC 850 mostimportantly demonstrates which of the following?

A. High fences are unnecessary at cricketgrounds.

B. Passers-by of cricket grounds are entitledto the full protection of the law in circumstances where they are hit by an`escaping` cricket ball.

C. Long `sixes` are a rarity in cricket.

D. Pedestrians should avoid walking nearsports venues when games are in progress as they could be injured.

F. If the chance of a passer-by of a cricketground being harmed is very unlikely, then extra preventative expenditure bythose operating the cricket ground is unwarranted.

19. In respect of Hedley Byrne liability,select the INCORRECT statement:

A.Liability only exists if it was reasonablefor the plaintiff to have relied on the statement.

B. In order to prove causation, the plaintiffmust prove that there was actual reliance on the statement.

C. The plaintiff must prove that there was noeffective disclaimer made by the defendant.

D. Liability in tort for negligentmisstatement grew out of the House of Lords judgment in Hedley Byrne v Heller.

E. The floodgates argument is of particularrelevance in negligent misstatement as the number of people affected by acareless statement is potentially very great.

20. Which of the following is always necessaryfor a legally valid and enforceable contract?

A. Consideration between the parties, meaningthat the parties consider each others feelings and wishes in entering into andperforming the contract.

B. A document or series of documentsevidencing the contract in writing.

C. The express promise by all parties thatthey will not breach their respective obligations to each other.

D. None of the above.

21. A fiduciary obligation would require afiduciary to:

A. take reasonable care in acting for theprincipal.

B. never act for persons with conflictinginterests.

C. disclose to the principal any conflict ofinterest that may arise following the commencement of the fiduciaryrelationship.

D. never permit a conflict of interest toarise between the fiduciary and the principal.

22. To prove a case in negligence, theplaintiff must prove that the defendant:

A. failed to perform the contract between themwith due care.

B. breached a statutory duty of care.

C. did not measure up to the level of anaveragely prudent person.

D. All of the above.

23. Select the most accurate statement from thefollowing. If a firm of accountants were to act for two parties involved in acompeting takeover bid for shares in the same target company, the firm should:

A. instruct one of the bidding parties to giveup its bid as the accountants know that one party will be unsuccessful and itis better to persuade one to get out now rather than later.

B. ensure that there is a Chinese wall inplace to avoid the risk of leakage of confidential information from either sideto the other, as New Zealand courts recognise the Chinese wall defence.

C. decline absolutely to act for both partiesas there is a conflict of interest and the Chinese wall defence is notavailable in New Zealand.

D. just go ahead acting for both partiesbecause, as long as the firm has insurance, they can`t be touched.

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9. In relation to the law of contract, selectthe most accurate statement:

A. All contracts must be in writing in orderto be enforceable.

B. Consideration is essential for the validityof most contracts.

C. Advertisements are usually treated, in thelaw of offer and acceptance, as offers.

D. An offer, in the law of offer andacceptance, is treated in the same way as a `mere puff`.

E. All of the above are accurate statements.

10. The plaintiff injured by the cricket ballin Bolton v Stone [1951] AC 850 did not succeed in obtaining damages in negligencebecause:

A. being a mere passer-by, she was not aforeseeable or proximate plaintiff.

B. sports people do not generally owe dutiesof care to members of the public, though they do owe contractual duties totheir clubs.

C. there was no right to sue for damages forpersonal injury in England at that time because of accident compensation.

D. the chances of her being struck and injuredin that fashion were unlikely and difficult to anticipate.

E. people walking near sports grounds have aduty to remain alert and on the lookout for balls which have been hit over thefence, as there is a real likelihood of this occuring.

F. sport is a socially desirable activity,resulting in a lower standard of care being placed on the cricket club.

11. Which of the following relationships aretraditionally regarded as fiduciary in nature?

A. Directors to companies.

B. Agents to principals.

C. Trustees to beneficiaries.

D. All of the above.

12. In relation to the law of contract, selectthe most accurate statement:

A. All contracts must be in writing in orderto be enforceable.

B. Consideration is essential for the validityof most contracts.

C. Advertisements are usually treated, in thelaw of offer and acceptance, as offers.

D. An offer, in the law of offer andacceptance, is treated in the same way as a `mere puff`.

E. All of the above are accurate statements.

13. Liability in negligence is part of:

A. the law of contract.

B. the law of torts.

C. fiduciary law.

D. the law of equity.

E. the law of statutory obligations.

F. None of the above.

14.    `Consideration`in the law of contract may be best described as:

A. something given or offered up by one partyin return for a benefit conferred by another party.

B. an effort made to accommodate the demandsof another party, where the party giving `consideration` is in a stronger legalposition to enforce the bargain.

C. a common intention by the potential partiesto give the bargain commercial footing, as opposed to a mere `domesticarrangement`.

D. an extra bonus provided by one party toanother for performing a contract in excess of the first party`s expectations.

15. A `Chinese wall` is used primarily to:

A. prevent defamatory information being spreadabout the principal.

B. prevent defamatory information being spreadabout the fiduciary.

C. protect the principal`s personal security.

D. protect the fiduciary`s personal security.

E. prevent the flow of confidentialinformation from one part of an organisation to another.

F. prevent the flow of confidentialinformation to competitors, who might misuse that information.

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quiz 4

1. Donoghue v Stevenson [1932] AC 562 is asignificant negligence case because it establishes:

A. the neighbourhood principle.

B. the duty of care principle.

C. that liability for harm caused by productdefects can extend beyond a contract.

D. that a manufacturer may be liable, whenthere is a careless process of manufacture, for harm to an ultimate consumer.

E. All of the above.

F. None of Options 1 to 4 above.

2. Which of the following will always be alegal requirement in respect of a contract?  

A. A document or series of documentsevidencing the contract in writing.  

B. A general duty of care towards the otherparty/parties to the contract to assist such other party/parties to carry outtheir side of the bargain.

C. The inclusion of a clause that the partiestreat each other with good faith and loyalty.

  D. In the event of a breach of the contract, aduty on those claiming damages to take all reasonable steps to mitigate(minimise) the loss.

E. All of the above.



3. 3.Paul reads the financial column in themorning newpaper. The author gives an investment tip to buy certain stocks.Paul follows the tip and buys the stocks, but they are not a good investment.Paul would like not be able to sue the author because:

A. he would be unable to prove causation.
B. he would be unable to prove a breach of astandard of care.

  C. he would be unable to show it wasreasonable for him to rely to the author's advice.

D. there would be an implied disclaimer.



4. Liability in negligence is part of:

A. the law of contract.

  B. the law of torts.

C. fiduciary law.

D. the law of equity.

E. the law of statutory obligations.

F. None of the above.




5. A fiduciary obligation would require afiduciary to:

A. take reasonable care in acting for theprincipal.

B. never act for persons with conflictinginterests.

C. disclose to the principal any conflict ofinterest that may arise following the commencement of the fiduciaryrelationship.

D. never permit a conflict of interest toarise between the fiduciary and the principal.





6. In relation to the law of contract, selectthe most accurate statement from the following:

  A. An enforceable contract exists when anagreement between two parties is accompanied by a mutual intention to belegally bound.

B. Advertisements are always regarded asinvitations to treat.

C. Agreements between family members or closefriends, or arising out of some other social circumstance, are never regardedas valid contracts.

D. Contracts never have to be in writing to beenforceable.




7. Fiduciary relationships are generally owedby:

A. the police, to the public.

B. retailers, to customers.

C. politicians, to the electorate.

D. All of the above (Options 1 to 3) arefiduciary relationships.

  E. None of the above (Options 1 to 3) arefiduciary relationships.

8. Which of the following contracts would needto be recorded in written form in order to be enforceable?

A. The purchase of any food, as consumption ofcontaminated food can lead to illness and even death.

B. The purchase of any motor vehicle, asunsafe motor vehicles are hazardous on our roads.

C. The construction of any building, asunsound buildings cause major financial difficulty and possible bankruptcy forindividuals.

D. All of the three specific contractual situationsreferred to above, as it is a major function of the law of contract to protectpeople from bargains which might cause physical damage or financial loss.

E. None of the above is correct.