Question 1

In which of the following cases did the court decide that a volunteer worker injured while working was not entitled to worker's compensation?

Accepted Answer

A)   Teen Ranch Pty Ltd v Brown (1995)  38 AILR 5-036.
B)   Balfour v Balfour [1919] 2 KB 571.
C)   Wakeling v Ripley (1951)  SR(NSW)  183.
D)   Simpkins v Pays [1955] 1 WLR 975.E) A) and B)
F) B) and C)

Question 2

In which type of agreement is the onus on the defendant to show that legal relations were not intended?

Accepted Answer

A)   Domestic agreements.
B)   Social agreements.
C)   Commercial agreements.
D)   Voluntary agreements.E) B) and D)
F) C) and D)

Question 3

A 'rebuttable' presumption is:

Accepted Answer

A)   One which can be disputed with factual evidence.
B)   One which cannot be disputed by either party.
C)   A presumption based upon the evidence.
D)   A reasonable presumption.E) C) and D)
F) B) and D)

Question 4

In relation to the question of whether the parties could be objectively seen to intend to create legal relations, the courts take into account a number of factors. What are those factors?

Accepted Answer

The courts take into account the followi...

Question 5

In Shortall v White [2007] NSWCA 272 the presumption against intention was rebutted because:

Accepted Answer

A)   The parties had separated at the time.
B)   The agreement would have been against public policy.
C)   The promise was made before the relationship had broken down.
D)   The promise was made before they were married.E) All of the above
F) A) and B)

Question 6

Which of the following is NOT one of the possibilities identified by the High Court in Masters v Cameron (1954)  91 CLR 353?

Accepted Answer

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.E) None of the above
F) A) and C)

Question 7

When a business advertises their product, the courts generally presume that:

Accepted Answer

A)   The merchant did not intend to enter into contracts with purchasers of their product.
B)   The merchant did not intend to immediately create legal relations with viewers of the advertisement.
C)   The merchant intended any contract with a purchaser to be legally binding.
D)   The merchant intended their statements to be legally binding.E) B) and D)
F) All of the above

Question 8

The decision in Jones v Vernon Pools Ltd [1938] All ER 626 was based on the fact that:

Accepted Answer

A)   The agreement was a social one.
B)   The agreement was 'subject to contract.'
C)   The ticket had been lost.
D)   The coupon contained an 'honour clause.'E) All of the above
F) B) and C)

Question 9

In which of the following cases did the court decide that a husband's promise to his wife to pay her maintenance while they were forced to live apart was not contractually binding?

Accepted Answer

A)   Balfour v Balfour [1919] 2 KB 571.
B)   Wakeling v Ripley (1951)  SR(NSW)  183.
C)   Simpkins v Pays [1955] 1 WLR 975.
D)   Shortall v White [2007] NSWCA 272.E) A) and C)
F) A) and B)

Question 10

The law presumes that in social agreements the parties intend to create legal relations.

Accepted Answer

A) True 
 B)False

Question 11

The existence or an intention to create a legally binding agreement is a question of law.

Accepted Answer

A) True 
 B)False

Question 12

A subjective test is used to determine the state of minds of the parties.

Accepted Answer

A) True 
 B)False

Question 13

Explain the two legal presumptions that assist courts to determine the intention of parties that enter into agreements with each other. What does it mean when these presumptions are called 'rebuttable'?

Accepted Answer

In social, family, domestic or voluntary...

Question 14

In a non-commercial agreement, the onus is on the plaintiff to demonstrate intention.

Accepted Answer

A) True 
 B)False

Question 15

The case of Ermogenous v Greek Orthodox Community of South Australia Incorporated (2001)  209 CLR 95 is authority for the principle that:

Accepted Answer

A)   Intention to create an enforceable agreement remains an essential precondition to contractual liability in Australia.
B)   The category of social or domestic agreements now includes religious institutions.
C)   The existence of intention to create an enforceable agreement is a question of fact.
D)   Intention to create an enforceable agreement is no longer an essential precondition to contractual liability in Australia.E) B) and C)
F) None of the above

Exam 9: Intention to Create Legal Relations

In relation to the question of whether the parties could be objectively seen to intend to create legal relations, the courts take into account a number of factors. What are those factors?

Correct Answer
verified
The courts take into account the followi...
View Answer

In Shortall v White [2007] NSWCA 272 the presumption against intention was rebutted because:

Correct Answer
verified

A 'rebuttable' presumption is:

Correct Answer
verified

When a business advertises their product, the courts generally presume that:

Correct Answer
verified

Explain the two legal presumptions that assist courts to determine the intention of parties that enter into agreements with each other. What does it mean when these presumptions are called 'rebuttable'?

Correct Answer
verified
In social, family, domestic or voluntary...
View Answer

In which type of agreement is the onus on the defendant to show that legal relations were not intended?

Correct Answer
verified

The case of Ermogenous v Greek Orthodox Community of South Australia Incorporated (2001) 209 CLR 95 is authority for the principle that:

Correct Answer
verified

The decision in Jones v Vernon Pools Ltd [1938] All ER 626 was based on the fact that:

Correct Answer
verified

In a non-commercial agreement, the onus is on the plaintiff to demonstrate intention.

Correct Answer
verified

A subjective test is used to determine the state of minds of the parties.

Correct Answer
verified

Which of the following is NOT one of the possibilities identified by the High Court in Masters v Cameron (1954) 91 CLR 353?

Correct Answer
verified

In which of the following cases did the court decide that a volunteer worker injured while working was not entitled to worker's compensation?

Correct Answer
verified

In which of the following cases did the court decide that a husband's promise to his wife to pay her maintenance while they were forced to live apart was not contractually binding?

Correct Answer
verified

The law presumes that in social agreements the parties intend to create legal relations.

Correct Answer
verified

The existence or an intention to create a legally binding agreement is a question of law.

Correct Answer
verified

Exam 9: Intention to Create Legal Relations

In relation to the question of whether the parties could be objectively seen to intend to create legal relations, the courts take into account a number of factors. What are those factors?

Correct AnswerverifiedThe courts take into account the followi...View AnswerShow Answer

In Shortall v White [2007] NSWCA 272 the presumption against intention was rebutted because:

Correct AnswerverifiedShow Answer

A 'rebuttable' presumption is:

Correct AnswerverifiedShow Answer

When a business advertises their product, the courts generally presume that:

Correct AnswerverifiedShow Answer

Explain the two legal presumptions that assist courts to determine the intention of parties that enter into agreements with each other. What does it mean when these presumptions are called 'rebuttable'?

Correct AnswerverifiedIn social, family, domestic or voluntary...View AnswerShow Answer

In which type of agreement is the onus on the defendant to show that legal relations were not intended?

Correct AnswerverifiedShow Answer

The case of Ermogenous v Greek Orthodox Community of South Australia Incorporated (2001) 209 CLR 95 is authority for the principle that:

Correct AnswerverifiedShow Answer

The decision in Jones v Vernon Pools Ltd [1938] All ER 626 was based on the fact that:

Correct AnswerverifiedShow Answer

In a non-commercial agreement, the onus is on the plaintiff to demonstrate intention.

Correct AnswerverifiedShow Answer

A subjective test is used to determine the state of minds of the parties.

Correct AnswerverifiedShow Answer

Which of the following is NOT one of the possibilities identified by the High Court in Masters v Cameron (1954) 91 CLR 353?

Correct AnswerverifiedShow Answer

In which of the following cases did the court decide that a volunteer worker injured while working was not entitled to worker's compensation?

Correct AnswerverifiedShow Answer

In which of the following cases did the court decide that a husband's promise to his wife to pay her maintenance while they were forced to live apart was not contractually binding?

Correct AnswerverifiedShow Answer

The law presumes that in social agreements the parties intend to create legal relations.

Correct AnswerverifiedShow Answer

The existence or an intention to create a legally binding agreement is a question of law.

Correct AnswerverifiedShow Answer

Correct Answer
verified
The courts take into account the followi...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified
In social, family, domestic or voluntary...
View Answer

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified