Question 1
Anna posts a sign in her shop window reading 'Premium leather wallets - $40'. Ben enters and says 'I'll take one for $40'. Anna refuses to sell. On orthodox Australian contract principles, what is the legal nature of the shop-window sign?
Correct Answer:
An invitation to treat, so Ben's statement is the offer which Anna may refuse
Question 2
A signed written contract for the sale of a business contains an entire agreement clause. The purchaser later argues a term should be implied to give the contract business efficacy. Under the orthodox test from BP Refinery (Westernport) v Shire of Hastings, which requirement must an implied term satisfy?
Correct Answer:
It must be so obvious that it goes without saying and necessary for business efficacy
Question 3
A consumer buys a new dishwasher from a retailer; it stops working after three weeks due to a manufacturing defect. The retailer says the manufacturer's express warranty has been voided. Under the Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010 (Cth)), what is the consumer's strongest basis to obtain a remedy from the retailer?
Correct Answer:
The consumer guarantee of acceptable quality, which cannot be excluded by contract
Question 4
A builder repudiates a fixed-price construction contract before completion. The owner accepts the repudiation and sues for damages. Which principle governs the measure of damages recoverable for the breach?
Correct Answer:
The owner is entitled to damages putting them in the position they would have been in had the contract been performed
Question 5
During negotiations, a vendor of a motel innocently but inaccurately represents the takings as far higher than actual, and the purchaser relies on this in entering the contract. The misrepresentation is not a term. What is the purchaser's primary remedy for an innocent (non-fraudulent, non-negligent) misrepresentation at general law?
Correct Answer:
Rescission of the contract, subject to bars such as affirmation and third-party rights
Question 1
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Prepare with the LPAB Diploma in Law Practice Questions - Legal Profession Admission Board (NSW) Diploma in Law Examinations Exam practice quiz. This question bank includes 100 questions covering company, contract, registered, equitable, and court. Use it to review important concepts, identify knowledge gaps, and build confidence for the related exam, course, or assessment.

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LPAB Diploma in Law Practice Questions - Legal Profession Admission Board (NSW) Diploma in Law Examinations Exam

This practice set contains 100 questions from the matching question bank and focuses on company, contract, registered, equitable, and court. Work through each question carefully, review the provided solutions, and revisit topics that need more study before your next attempt.

This is an independent study resource intended for practice and review; it is not an official examination or an endorsement by any organization named in the title.

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