Business Ethics and Law Test Bank
Course Introduction
This course explores the foundational principles of ethical conduct and legal regulation within the business environment. Students will examine the relationship between business decision-making, ethical values, and relevant legal frameworks, delving into topics such as corporate social responsibility, stakeholder management, contractual obligations, and compliance with regulatory standards. Through case studies and practical examples, the course fosters critical thinking about complex dilemmas in fields like marketing, finance, and international operations, equipping learners with the knowledge to make responsible and legally sound business choices.
Recommended Textbook
Business Law 9th Edition by Andy Gibson
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36 Chapters
1525 Verified Questions
1525 Flashcards
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Page 2
Chapter 1: Legal Foundations
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38 Verified Questions
38 Flashcards
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Sample Questions
Q1) The law of equity originated as the collection of rules and principles that were developed and administered by which of the following bodies?
A) The British Parliament.
B) The Courts of Chancery.
C) The Privy Council.
D) The Common Law Courts.
Answer: B
Q2) Roman law, Canon law and Merchant law are major sources of English law.
A)True
B)False
Answer: False
Q3) A main source of law in Australia is found in:
A) Case law which is found in decisions of the US Supreme Court.
B) Legislation which is passed by State and Commonwealth parliaments.
C) The common law and statute law of England that has not been repealed.
D) All of the above.
Answer: B
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Chapter 2: Origins of Australian Law
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Sample Questions
Q1) The effect of the decision in the Mabo Case was to lay to rest the idea that Australia was <i>terra nullius.</i>
A)True
B)False
Answer: True
Q2) In the Australian context, the division of power refers to:
A) The division of power between the Commonwealth and the States.
B) The division of power between Britain and Australia.
C) The division of power between the legislature and the executive.
D) The division of power between the courts and the government.
Answer: A
Q3) The doctrine of separation of powers was formulated by:
A) A Phillip.
B) J Montiesquieu.
C) J Cook.
D) A B Dicey.
Answer: B
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Chapter 3: Legal Systems
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41 Verified Questions
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Sample Questions
Q1) What is the appellate jurisdiction of an inferior court?
A) The inferior courts hear committal proceedings for serious indictable offences.
B) The inferior courts are the lowest courts in the State court hierarchy and do not hear appeals from any other courts.
C) The inferior courts hear summary offences, and some minor indictable offences.
D) The inferior courts hear appeals from the intermediate courts.
Answer: B
Q2) An appeal from a decision of the Supreme Court of Victoria may be taken to the Privy Council.
A)True
B)False
Answer: False
Q3) The Jury decide questions of law while the Judge decides all questions of fact. A)True
B)False
Answer: False
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Chapter 4: How Law Is Made: Precedentstatute Law
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Q1) Which of the following statements is an advantage of the doctrine of precedent?
A) Precedent is slow to respond to community changes.
B) Precedent has to be followed even if it is not relevant to current circumstances.
C) A change to precedent may require an Act of Parliament.
D) The use of precedent promotes consistency in the law.
Q2) What is the term that describes a technique used by the courts to avoid having to comply with an otherwise binding precedent?
A) Upholding.
B) Affirming.
C) Differentiating.
D) Distinguishing.
Q3) Obiter dictum can never be a binding precedent.
A)True
B)False
Q4) The decisions of higher courts in a different hierarchy are binding on lower courts in another hierarchy.
A)True
B)False
Q5) List some of the advantages and disadvantages of the doctrine of precedent.
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Chapter 5: Civil Liability: The Law of Torts and Negligence
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Sample Questions
Q1) As an alternative to bringing an action in tort, a victim may choose to seek compensation by way of:
A) A criminal injuries compensation scheme.
B) A workers' compensation scheme.
C) A motor accident compensation scheme.
D) Any of the above.
Q2) The question of whether a duty of care is owed is a question of fact.
A)True
B)False
Q3) Much of the law of torts is concerned with accidental injury to the person or property. Do you think that it is appropriate for a person to be made liable for an <i>accidental</i> act?
Q4) In order to establish contributory negligence the defendant must prove that:
A) The plaintiff was also at fault or negligent.
B) The damage was reasonably foreseeable and was contributed to by the plaintiff's action.
C) The plaintiff's conduct contributed to the damage or loss suffered by the plaintiff.
D) All of the above.
Q5) Describe the difference between tort law and contract law.
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Chapter 6: Applications of Negligence to Business
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Sample Questions
Q1) Following the decision in <i>Esanda Finance Corporation v Peat Marwick Hungerfords</i> (1997) 71 ALJR 448, to whom does an auditor owe a duty of care?
A) Anyone who reads the report.
B) Only to the company who commissioned the report.
C) Anyone who they know will rely on the report.
D) Anyone who buys shares in the audited company.
Q2) Liability for criminal negligence might arise because:
A) The accused failed to exercise reasonable care and this caused death or injury to a member of the community.
B) There was a very serious departure from reasonable standards of care.
C) The accused was reckless in the face of it being reasonably foreseeable that the injured person would suffer serious harm.
D) All of the above.
Q3) For an occupier, where the risk is obvious, the duty is minimal.
A)True
B)False
Q4) Pure economic loss means there is no physical damage or injury.
A)True
B)False
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Chapter 7: Introduction to Contracts
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Sample Questions
Q1) The decision in <i>Lee Road Pty Ltd v Catanzariti & Anor</i> [2005] SADC 64 was that an exchange of faxes was sufficient to satisfy the requirement for written evidence of a contract.
A)True
B)False
Q2) A unilateral contract is one where both parties still have to perform their obligations.
A)True
B)False
Q3) Which of the following is NOT required to bring a simple contract into existence?
A) There must be genuine consent.
B) There must be an agreement.
C) There must be valuable consideration.
D) There must be a real intention to be bound.
Q4) E-contracts are regulated by:
A) The common law.
B) The Electronic Transactions Acts.
C) The Australian Consumer Law.
D) All of the above.
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9
Chapter 8: Agreement Between the Parties
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Sample Questions
Q1) If an agreement is made between two parties of unequal bargaining power:
A) The court will not enforce the agreement.
B) The court will nevertheless enforce the agreement.
C) The court will not enforce the agreement if the pressure used by the stronger party was unconscionable.
D) The court will only enforce the agreement if the weaker party could have chosen to deal with another person, but did not do so.
Q2) What is the correct name for a term in an agreement which provides that the agreement will terminate upon the happening of a certain event?
A) A condition precedent.
B) A condition consequent.
C) A condition subsequent.
D) A condition antecedent.
Q3) Explain the difference between an offer and an invitation to treat.
Q4) According to the postal rule, where the parties contemplate the use of the post as a method of communication, an acceptance is effective as soon as it is posted. Why do you think the courts originally developed this rule? Do you think those reasons are still valid today?
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Page 10
Chapter 9: Intention to Create Legal Relations
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Q1) In which of the following cases did the court decide that an 'honour clause' in an agreement between a British firm and an American firm indicated that the firms did not intend to create legal relations?
A) Rose and Frank Co. v Crompton and Bros Ltd [1925] AC 445.
B) Edwards v Skyways Ltd [1964] 1 WLR 349.
C) Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256.
D) Jones v Vernon Pools Ltd [1938] All ER 626.
Q2) Which of the following is NOT one of the possibilities identified by the High Court in Masters v Cameron (1954) 91 CLR 353?
A) That the parties had reached final agreement.
B) That the parties had reached agreement but just wanted the deposit to be paid.
C) That the parties had reached agreement but wanted it to be recorded.
D) That the parties had postponed agreement until a formal contract was signed.
Q3) What is a letter of comfort?
Q4) The law presumes that in social agreements the parties intend to create legal relations.
A)True
B)False
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Page 11
Chapter 10: Consideration
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Sample Questions
Q1) The effect of the rules of consideration is that the law can only be used to enforce bargains, but it cannot be used to enforce promised gifts. Is this distinction between gifts and bargains a fair one?
Q2) Which of the following is the best example of executory consideration?
A) A pays B $10.00 today in return for B giving A a book today.
B) A promises to pay B $10.00 tomorrow in return for B giving A a book tomorrow.
C) A promises to pay B $10.00 tomorrow in return for B giving A a book yesterday.
D) All of the above.
Q3) Explain what is meant by the expression 'valuable consideration.'
Q4) Simple contracts must contain a bargain.
A)True
B)False
Q5) In which case did the court decide that performance of an existing contractual duty by a group of sailors was not good consideration for the captain's promise to pay extra wages?
A) Glasbrook Bros Ltd v Glamorgan County Council [1925] AC 270.
B) Stilk v Myrick [1809] 2 Camp 317.
C) Roscorla v Thomas [1842] 3 QB 234.
D) Hartley v Ponsonby (1871) 119 ER 1471.
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Chapter 11: Capacity of the Parties
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Sample Questions
Q1) A person wishing to repudiate a contract for intoxication must do so within a reasonable time.
A)True
B)False
Q2) A contract with an infant can never be valid.
A)True
B)False
Q3) What is the court's rationale for being reluctant to enforce a contract against a person under the age of 18 years? Do you agree with this rationale? Why or why not?
Q4) The beneficiaries in O'Connor v Hart [1985] 1 NZLR 159 were unable to have the contract set aside because:
A) The beneficiaries were not mentally unsound.
B) The beneficiaries were not aware that the farmer was mentally unsound.
C) The beneficiaries could not establish that Hart was mentally unsound and that the other party was aware or should have been aware of this.
D) None of the above.
Q5) How do the courts determine whether goods or services purchased by an infant will result in a valid and enforceable contract?
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Chapter 12: Genuine Consent
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Sample Questions
Q1) Which of the following relationships will NOT give rise to a presumption of undue influence?
A) Religious advisor and devotee.
B) Doctor and patient.
C) Parent and child.
D) Husband and wife.
Q2) Which of the following situations appears to involve a 'mutual mistake'?
A) X purchased goods on credit from Y, believing Y to be Z. Y was aware of X's mistake.
B) A beneficiary and an insurance company negotiated a life insurance policy, both unaware that the subject of the life insurance policy was in fact already dead.
C) Two parties agreed to send goods by a particular ship but there were two ships with that name and each party was thinking of a different ship.
D) X, who spoke little English, signed a document granting Y an option, believing it to be a receipt. This belief was encouraged by Y.
Q3) Why are courts generally reluctant to set aside a contract due to a mistake by one of the parties? Do you agree with this reluctance?
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Page 14
Chapter 13: Is the Contract Legal
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Sample Questions
Q1) Which of the following factors are relevant to the validity of a restraint of trade clause in a contract of employment?
A) Whether the employee has acquired skills or information belonging to their employer.
B) The relative bargaining powers of the parties.
C) The area and duration of the restraint.
D) All of the above.
Q2) The decision in Atwood v Lamont [1920] 3 KB 571 was based on the fact that:
A) The restraint of trade clause was an unreasonable exercise of the employer's superior bargaining power.
B) The restraint of trade clause was a reasonable protection of the employer's proprietary interest.
C) The restraint of trade clause was imposed merely to restrict competition.
D) Arms length bargaining with legal advice on both sides meant there was no inequality of bargaining power.
Q3) At common law, a restraint of trade clause will be enforced if it is reasonable in the circumstances. If you were drafting legislation intended to enact this common law principle, how would you define the term 'reasonable'?
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Chapter 14: Terms of the Contract
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Sample Questions
Q1) When is a particular statement more likely to be a term of the contract rather than a mere representation?
A) The statement was made with the intention of preventing the other party from finding any defects.
B) The other party was asked to check or verify the statement.
C) Both parties placed considerable importance on the statement.
D) A long time has passed between the making of the statement and the final agreement.
Q2) Which of the following is NOT a reason a court will imply a term into a contract?
A) That the term follows a well-known trade custom in a particular industry.
B) That by implying the term it would cure an obvious omission and give the contract business efficacy.
C) The term is required by statute.
D) That by implying the term it would make a fairer bargain.
Q3) Explain how the courts decide between a mere representation and a term.
Q4) In order for a party to rely on an exclusion clause in a contract, what must they show?
Q5) Explain and distinguish between a condition and a warranty.
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Chapter 15: Rights and Liabilities of the Parties, Discharge and Remedies
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Sample Questions
Q1) In the case of discharge by performance, the parties are discharged from any obligations provided that performance corresponds exactly with the terms of the contract.
A)True B)False
Q2) What factors must be present in order for a contract to be discharged by frustration?
Q3) Which of the following is LEAST likely to be classified as a breach of contract?
A) A delay by one party in carrying out their obligations where time is of the essence.
B) A failure by one party to comply with one of the terms of the contract.
C) An announcement by one party that they do not intend to carry out their obligations under the contract.
D) A failure by one party to exercise reasonable care in carrying out their obligations under the contract.
Q4) Where one party is prevented from performing, the other party may regard the contract as at an end.
A)True B)False
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Chapter 16: Remedies in Contract
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Sample Questions
Q1) Rescission is a remedy for breach of contract.
A)True
B)False
Q2) What is a penalty?
Q3) Breach of which of the following types of term will entitle the innocent party to damages?
A) A warranty.
B) A condition.
C) An intermediate term.
D) All of the above.
Q4) Which of the following statements is the best description of the duty of the injured party to 'mitigate' their loss?
A) They must take all reasonable steps to minimise their loss.
B) They must take all reasonable steps to prevent the breach.
C) They must take all reasonable steps to report the breach to the court.
D) They must take all reasonable steps to transfer the loss to the party in breach.
Q5) Nominal damages are the usual remedy in contract law.
A)True
B)False
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Chapter 17: Statutory Consumer Guarantees and the Australian Consumer Law
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Sample Questions
Q1) In relation to the consumer guarantee of fitness for purpose, which of the following statements is NOT true?
A) The goods must be supplied in trade of commerce.
B) The consumer must, either expressly or by implication, make known the intended purpose of the goods.
C) The consumer must rely on the skill and judgment of the supplier.
D) The consumer must request the goods under their trade name or patent.
Q2) A consumer affected by a breach of a consumer guarantee may sue both the supplier and the manufacturer.
A)True
B)False
Q3) For the Australian Consumer Law to apply, there must be a supply of goods or services to a consumer, by a supplier or manufacturer, in trade or commerce.
A)True
B)False
Q4) Where goods are sold by description, description goes to both identity and quality of goods.
A)True
B)False
19
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Chapter 18: General and Specific Consumer Protections
Under the Acl
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Sample Questions
Q1) You have booked a holiday home through Accommodation Noosa Pty Ltd twelve months in advance. However, when you arrive at the Accommodation Noosa office to pick up the key, you are told that there has been an unfortunate double booking error, and the holiday home you had booked is no longer available. Accommodation Noosa offers you an alternative holiday home, but it is not as appealing as your original choice. Can you use s 18 of the Australian Consumer Law to bring an action against Accommodation Noosa?
Q2) Advertising a product at special prices only to tell the consumer the product is no longer available or is available but at a higher price is known as bait advertising. A)True
B)False
Q3) Where a corporation or person in trade or commerce claims a right to payment from another person for unsolicited goods or services, it is known as inertia selling.
A)True
B)False
Q4) What is the main purpose of the Australian Consumer Law?
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Page 20
Chapter 19: Agency
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Q1) Which of the following is NOT a correct statement about an auctioneer?
A) An auctioneer is an agent of the vendor but after the fall of the hammer becomes an agent of the purchaser.
B) An auctioneer owes a duty to the vendor to accept the highest bid.
C) An auctioneer is accountable to the vendor for the collection of the purchase price.
D) An auctioneer can sue for t he purchase price in their own name.
Q2) Agency is a contractual relationship.
A)True
B)False
Q3) A broker is a general agent who acts for two principals.
A)True
B)False
Q4) Where a principal, by words or conduct, creates the appearance of an agency that is reality does not exist, this is an example of:
A) Implied actual authority.
B) Express actual authority.
C) Retrospective actual authority.
D) Apparent or ostensible authority.
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Chapter 20: Introduction to Companies and Incorporated
Associations
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Q1) The process of bringing a solvent company to an end is known as a creditor's voluntary winding up.
A)True
B)False
Q2) The term: 'lifting the corporate veil' refers to giving rights and obligations to persons who would otherwise be protected by the separate legal entity principle.
A)True
B)False
Q3) An association of less than 20 people formed for trading purposes will be regulated by:
A) The Associations Incorporation Act of the relevant state or territory.
B) The Partnership Act of the relevant state or territory.
C) The common law.
D) The Corporations Act 2001 (Cth).
Q4) Committee members of an unincorporated association owe a fiduciary duty to the association.
A)True
B)False
Q5) What is a prospectus?
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Chapter 21: Partnerships
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Q1) What are the three factors that determine whether a partnership exists?
Q2) A partnership may be dissolved by:
A) Illegality.
B) The parties.
C) Operation of law.
D) All of the above.
Q3) Which of the following statements about partner's rights is NOT true?
A) A partner is entitled to interest on any money loaned to the business.
B) Each partner is entitled to claim reasonable remuneration for working for the partnership.
C) Any partner may take part in the management of the business.
D) No partner is entitled to interest on their investment in the partnership until net profit has been determined.
Q4) How would you explain to a person intending to form a partnership that although a written partnership agreement is not legally necessary, it is desirable?
Q5) A person who obtains credit for a partnership may make themselves liable to the supplier by 'holding out.'
A)True
B)False
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Chapter 22: Choosing a Business Entity
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Q1) Franchises are regulated by the Franchising Code of Conduct.
A)True
B)False
Q2) A company is a distinct legal entity that is not separate from its shareholders.
A)True
B)False
Q3) Which are the three certainties that are necessary for the creation of an express trust?
A) Intention to create a trust, agreement and consideration.
B) Intention to create a trust, plus certainty of the identity of the property and beneficiaries.
C) Intention to create a trust, consent of the beneficiaries and agreement of the trustee.
D) Consideration, knowledge on the part of the beneficiaries and certainty of duration.
Q4) Which of the following statements about a partnership is NOT true?
A) Partners must keep their capital separate for tax purposes.
B) It can be difficult to sell a share in a partnership.
C) Partners are unable to contract with the firm.
D) Partnerships can be cheap and quick to establish.
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Page 24
Chapter 23: Other Business-Related Torts
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Q1) Which of the following statements is the best description of 'Trespass to Goods'?
A) A direct physical interference with another person's lawful possession of land.
B) A direct and intentional act of interference with goods in another person's possession.
C) An intentional denial of another person's right to immediate possession of goods.
D) An unreasonable refusal to return another person's goods to them.
Q2) A merchant who induces their customers to wrongly believe that the merchant's competitor's goods are defective commits the tort of:
A) Injurious falsehood.
B) Conspiracy.
C) Intimidation.
D) Passing off.
Q3) Which of the following is NOT a defence to an action in nuisance?
A) Contributory negligence.
B) Statutory authority.
C) That reasonable precautions had been taken.
D) Triviality of complaint.
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Chapter 24: Insurance
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Q1) An insurance broker is:
A) An employee of an insurance company.
B) An employee of the insured.
C) An agent of an insurance company.
D) An independent adviser.
Q2) Explain why it is important for an insured to disclose all material facts.
Q3) Explain the purpose of a cover note.
Q4) Which of the following statements about insurance is NOT correct?
A) The insurance premium is calculated on the basis of the risk insured.
B) Insurance is a means for people and businesses to protect themselves against the risk of loss.
C) It is possible to insure against both speculative and pure loss.
D) It is possible to insure against loss caused by natural disasters or legal action.
Q5) In the case of goods insured at market value, their value is assessed:
A) At the date the goods were lost or destroyed.
B) At the date the goods were purchased.
C) At the date of the claim.
D) At the date the contract of insurance commenced.
Q6) What is the relationship between insurance law and tort law?
Page 26
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Chapter 25: Sale of Goods
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Q1) The transfer of ownership of goods is central to the operation of the Sale of Goods Act.
A)True
B)False
Q2) According to the Sale of Goods Act, the time for the passing of property in specific goods in a deliverable state is:
A) When the goods have been put in a deliverable state.
B) When the goods are delivered.
C) At the time of making the contract.
D) When the price is paid in full.
Q3) Which of the following statements is the best description of 'unascertained' goods?
A) Goods that are defined by description only, such as 'A bag of apples.'
B) Goods identified and agreed upon at the time of sale, such as 'This apple.'
C) Goods to be manufactured or acquired by the seller after the time of sale, such as 'Your next crop of apples.'
D) Goods which were previously unascertained but have now been identified and agreed upon by the parties, such as 'I accept your selection of apples in this bag.'
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Page 27
Chapter 26: Electronic commerce
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Q1) When will a commercial electronic message NOT be illegal under the Spam Act 2003 (Cth)?
A) If the commercial purpose is secondary.
B) Commercial electronic messages are always illegal under the Act.
C) When it is sent by the government or by a political, religious, charitable or educational organisation.
D) When it is sent with the consent of the recipient.
Q2) What is 'Cybersquatting'?
Q3) Which of the following is NOT a remedy for a person who suffers loss or damage as a result of a breach of the Spam Act 2003 (Cth)?
A) Civil penalties.
B) Compensation.
C) Injunction.
D) Recovery of financial benefits.
Q4) The Spam Act 2003 (Cth) makes it illegal to send most types of commercial electronic messages without the recipient's consent. Why is 'spam' such a serious problem that legislation was required in order to regulate its use?
Q5) What is an electronic communication?
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Chapter 27: Property and mortgages
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Q1) A fixture is classified as:
A) Real property.
B) A chose in possession.
C) A chattel real.
D) A chose in action.
Q2) A lease of an apartment is classified as:
A) A chattel real.
B) A chose in action.
C) A chose in possession.
D) A chattel personal.
Q3) Indefeasibility of title means that the registered proprietor holds the land free from all registered interests.
A)True
B)False
Q4) Which of the following are entitled to exclusive possession of land?
A) The lessee.
B) The holder of a life estate.
C) The owner in fee simple.
D) All of the above.
Q5) What is the meaning of the term 'survivorship' in respect to interests in land?
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Chapter 28: Intellectual propert
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Q1) In Australian law, the only way to protect an idea is to put it into material form.
A)True
B)False
Q2) In order to be enforced, an innovation patent must first be examined and certified by the Australian Patent Office.
A)True
B)False
Q3) International cooperation on the registration of patents is achieved by:
A) The International Convention for the Protection of Industrial Property.
B) The Patent Cooperation Treaty.
C) Bilateral treaties between states.
D) All of the above.
Q4) Which of the following is NOT included as one of the 'moral rights' which can be asserted by an author under the Copyright Amendment (Moral Rights) Act 2000 (Cth)?
A) The right of the author to be identified with their work.
B) The right of the author to protect their work from unauthorised copying.
C) The right of the author to protect their work from derogatory treatment.
D) The right of an author to prevent others from claiming authorship.
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Chapter 29: Ethics and business practice
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Q1) What was the ethical issue raised by the McCabe case?
A) Smokers make an informed decision to smoke so are responsible for their own decision.
B) The plaintiff died before the defendant could appeal.
C) The destruction of the documents was legal at the time but made a fair trial impossible.
D) A trial needs to be fair to both parties.
Q2) Which ethical theory evaluates behaviour according to the consequences of that behaviour?
A) Moral relativism.
B) Virtue ethics.
C) Deontological ethics.
D) Utilitarianism.
Q3) Deontological ethics means that the end justifies the means.
A)True
B)False
Q4) A business can invest in both a socially responsible as well as socially irresponsible manner. Describe and provide examples of both types of investing.
Q5) List some examples of legal rules with ethical considerations.
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Chapter 30: Criminal law in a business context
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Q1) Which of the following is the correct definition of a secret commission?
A) Giving another person something of value in return for some advantage or preferential treatment.
B) Falsification of records to hide the misappropriation, by a person, of property entrusted to them.
C) The use, by a person, of price-sensitive information which is not publicly available.
D) Taking a commission from a third party, by a person, without disclosing it to their principal.
Q2) Which of the following is NOT an element of insider trading?
A) The use of price sensitive information which is not publicly available.
B) The use of price sensitive information.
C) The theft of confidential information.
D) The use of information gained as a result of a connection with a company.
Q3) Failure to prevent insolvent trading (s 588G) can result in both civil and criminal penalties.
A)True
B)False
Q4) What is the difference between embezzlement and theft/robbery?
Q5) What is the difference between an indictable offence and a summary offence?
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Chapter 31: Restrictive trade practices
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Q1) Which of the following is NOT one of the constitutional heads of power on which the Competition and Consumer Act 2010 (Cth) is based?
A) The corporation's power.
B) The overseas trade and commerce power.
C) The trade or commerce within a territory power.
D) The trade practices power.
Q2) The Competition and Consumer Act 2010 (Cth) prohibits the existence of monopolies.
A)True
B)False
Q3) The agreement in TPC v Email [1980] ATPR 40-172 was held not to be a price fixing agreement because:
A) The two manufacturers were in competition with each other.
B) The parallel pricing was due to a meeting of minds.
C) The parallel pricing was due to market forces.
D) The two manufacturers had different pricing lists.
Q4) What is the role and function of Australian Competition and Consumer Commission?
Q5) An authorisation is a determination that the conduct is not contrary to the Act.
A)True
B)False
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Chapter 32: Negotiable instruments
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Q1) Both a cheque and a bill of exchange must be drawn on a bank account.
A)True
B)False
Q2) The drawee is the person upon whom the cheque is drawn.
A)True
B)False
Q3) There must be two parties involved in every cheque.
A)True
B)False
Q4) The basic duty of a collecting bank is to credit the drawer's account.
A)True
B)False
Q5) Under the Financial Transactions Reports Act 1988 (Cth), a transaction may be any business dealing including negotiations, discussions and inquiries.
A)True
B)False
Q6) A person taking a negotiable instrument does so at their own risk.
A)True
B)False
Q7) What is a cheque?
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Chapter 33: Insolvency and Debt Recovery
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Q1) Which of the following is NOT one of the steps to be taken to obtain a default judgment?
A) Proceed to a hearing.
B) Serve a statement of claim on the debtor.
C) File a statement of claim with the court.
D) File an application for default judgment.
Q2) As an alternative to bankruptcy, a debtor may chose to enter voluntary administration.
A)True
B)False
Q3) Arrangements under Part X of the Bankruptcy Act 1966 (Cth):
A) Are not enforceable by the creditors.
B) Are made under the supervision of the Official Trustee in Bankruptcy.
C) Are made without the intervention of the court.
D) Are made as part of the bankruptcy process.
Q4) In what way is a Part IX arrangement a preferable course of action for a person facing bankruptcy?
Q5) Who are the most common petitioners in respect to the commencement of bankruptcy proceedings against debtors?
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Q6) What are the three main aims of the Bankruptcy Act 1966 (Cth)?
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Chapter 34: The Work Environment and the Employment Relationship
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Q1) Which of the following statements is NOT correct?
A) An independent contractor is responsible for paying their own tax.
B) An independent contractor is not covered by an award.
C) An independent contractor is entitled to workers compensation.
D) An independent contractor generally does not have the authority to bind their employer in contract.
Q2) When a business is sold, all existing contracts of employment carry forward to the new employer.
A)True
B)False
Q3) What are the differences between employees and independent contractors, and how can the latter's lack of comprehensive legal protection be justified?
Q4) The Workplace Health and Safety Act 2011 does not apply to contractors or subcontractors.
A)True
B)False
Q5) The terms 'unlawful termination' and 'unfair dismissal' have the same meaning.
A)True
B)False
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Chapter 35: Consumer Credit and Privacy
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Q1) Which of the following factors will a court consider in determining whether a credit contract is unjust?
A) The terms of other comparable transactions involving other credit providers.
B) The relative bargaining power of the parties.
C) Whether independent legal advice was obtained.
D) All of the above.
Q2) Which of the following information is NOT collected as part of the borrower's Repayment History Information?
A) The dates on which payments are due and payable.
B) The amount of any missed payments.
C) Whether an individual has previously met their obligations when due and payable.
D) The date of any late payments.
Q3) A borrower can terminate a credit contract at any time before the credit is provided. A)True
B)False
Q4) A credit card is an example of a continuing credit contract.
A)True
B)False
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Chapter 36: Ethics and Regulations in Marketing and Advertising
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Q1) Which of the following is NOT one of the formal processes that have been established as a method of self regulation of the advertising industry?
A) The Advertising Federation of Australia requires members to commit to a Statement of Ethics and Code of Practice.
B) The Advertising Standards Board hears complaints about offensive advertisements.
C) The Advertising Claims Board prosecutes advertisers who breach the law.
D) The Australian Association of National Advertisers Code of practice applies to all forms of advertising in Australia.
Q2) The National Measurement Institute is the sole trade measurement authority in Australia.
A)True
B)False
Q3) Which of the following is NOT protected by the law of copyright?
A) People and their images.
B) Concepts, techniques and slogans.
C) Ideas and information.
D) All of the above.
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