在新西兰
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.
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11. "Personal information" covered by the Privacy Act includeds:
A. Photographs
B. Electronic files contains contained on a computer's hard drive
C. A police officer's notes concerning an individual contained in his diary
D. All of the above
12. 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.
13. In relation to the civil law, select thecorrect statement:
A. The law of property is an important branchof the civil law.
B. The law of obligations is an importantbranch of the civil law.
C. The law of property covers the legalrelationship between persons and things, and gives rights in respect ofproperty (called `property rights`).
D. The law of obligations provides for actionswhich can be brought against persons who have breached legal obligations, andgives rights against such persons (called `personal rights`).
E.. All of the above are true
14.Dottie rents a car from Cecil. Dottie isdissatisfied with the rental vehicle. She feels that it spoilt her holiday inQueenstown. Dottie beats in the doors and windows of the vehicle with her golfclub. Cecil has insurance to cover damage/losses occurring in such situations.Which of the following most accurately sets out the potential consequences forDottie in these circumstances?
A. There would be potential civil liabilityONLY, as a result of Dottie breaching her contract with Cecil.
B. There would be potential criminal liabilityONLY, as a result of Dottie committing an offence against section 11 of theSummary Offences Act 1981 (which relates to `wilful damage`) or an offenceagainst section 269 of the Crimes Act 1961 (which relates to `intentionaldamage`).
C. There would be BOTH potential civilliability, as a result of Dottie breaching her contract with Cecil; ANDpotential criminal liability, as a result of Dottie committing an offenceagainst section 11 of the Summary Offences Act 1981 (which relates to `wilfuldamage`) or an offence against section 269 of the Crimes Act 1961 (whichrelates to `intentional damage`).
D. Dottie would be facing NO potentialliability (either civil or criminal) as Cecil has insurance to coverdamage/losses in such situations.
15. In Tucker v Newsmedia Ownership Ltd [1986]2 NZLR 716, the Court said it had to take into account the following inreaching its decision:
A. freedom of speech and the liberty of thepress.
B. the effect of publication on a person'shealth, noting that great care had to be exercised when someone's life was atrisk.
C. whether a plaintiff had lost privacy bypresenting himself to the public eye for evaluation.
D. the effect of publication on third parties,such as the plaintiff's child.
E. All of the above.
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16. In Balfour v Attorney-General [1991] 1 NZLR519 (in which a school teacher sought redress in respect of an alleged breachof statutory duty and negligence by the Education Department) the plaintiff didnot succeed because:
A. though he could establish harm, he was notable to establish a breach of any civil obligation by the defendant.
B. he was trying to obtain excessive damagesby pleading two causes of action.
C. he had brought his case in the wrong court;namely the High Court, which only deals with statutory breaches and not civilactions.
D. he could not prove that the EducationDepartment had committed any criminal offence in its dealings with him.
17.Section 252(1) of the Crimes Act 1961states `Everyone is liable to imprisonment for a term not exceeding two yearswho intentionally accesses, directly or indirectly, any computer system withoutauthorisation, knowing that he or she is not authorised to access that computersystem, or being reckless as to whether or not he or she is authorised toaccess that computer system`. The words `KNOWING` (that he or she is notauthorised to access that computer system) and `BEING RECKLESS` (as to whetheror not he or she is authorised to access that computer system) refer to:
A. the actus reus of the offence.
B. the mens rea of the offence.
C. the maximum penalty for the offence.
D. the burden of proof relating to theoffence.
E. the standard of proof relating to theoffence.
F. None of the above.
18. All criminal offences in New Zealand arecontained in:
A. the Crimes Act 1961.
B. the Crimes Act 1961 and other statutoryprovisions of New Zealand.
C. the Crimes Act 1961, other statutoryprovisions of New Zealand and the common law of crime.
D. the Crimes Act 1961 and the American ModelPenal Code 1962.
19. Percival is walking along the street andsees a paper lying in a hedge beside the footpath. The paper is headed"Broadmoor Investments: Takeover Strategy for Directors` Eyes Only".Percival has heard that Broadmoor has been subject to strong market interestlately and he thinks he can make some money out of selling this information tothe business press. Which of the following is the best advice you could givehim?
A. He is not able to use the informationbecause it is obviously confidential and it was clear it was not intended forhis eyes or those of the general public.
B. He is able to use the information as it wasnot confided to him in any way; he has merely discovered it by chance.
C. He is able to use the information as thepapers have been abandoned and any right to maintain their confidence has beentherefore `waived` by those who drew them up.
D. He is not able to use the information as ifhe did he would be `whistle blowing` which is against the public interest.
20. The following are key requirements to beproven by a successful plaintiff in an equitable action for breach ofconfidence:
A. the initial imparting of false informationto the confidee and subsequent unauthorised use of that information.
B. a contractual term imposing an obligationof confidence and unauthorised use of the confidential information.
C. a contractual term imposing an obligationof confidence, the information having the necessary quality of confidence andunauthorised use of the confidential information.
D. None of the above is accurate.
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21. In order for a statute to create civilliability:
A. the statute must itself expressly statethat a cause of action is created, as in the Fair Trading Act 1986.
B. a court may interpret a statute in such away as to find a cause of action is impliedly created, although there is noprovision in the statute which expressly does so.
C. there must be a specific section in thestatute which states that the offence is one of strict liability or one ofabsolute liability.
D.None of the above statements is accurate.
22. In respect of an action for breach ofconfidence, select the correct statement:
A. Confidential information may be provided incircumstances where an obligation of confidentiality arises from a contractualobligation of confidence.
B. A person does not necessarily need acontractual obligation of confidentiality in order to protect confidentialinformation.
C. Equity may act, in the absence of acontract, to protect confidential information via the equitable action forbreach of confidence.
D. All of the above are correct statements.
23. The main role of the Privacy Commissioneris to:
A. Bring criminal prosecutions against thosewho breach the Privacy Act 1993
B. Investigate complaints alleging breach ofthe Privacy Act and to enoucrage complainants and defendants to settle theircomplaints
C. Adjudicate complaints alleging breach ofthe Privacy Act and award damages
D. Bring proceedings against defendants forbreach of Privacy Act in the Human Rights Review Tribunal
24. One of the causes of action of theplaintiff in Tucker v Newsmedia Ownership Ltd [1986] 2 NZLR 716 (in seeking toobtain an injunction to prevent information about his previous convictions forindecency offences being published by the `Truth` newspaper) was:
A. equitable breach of confidence.
B. the tort of invasion of privacy.
C. breach of the Privacy Act 1993.
D. the tort of negligence.
E. breach of a fiduciary duty (the `Truth`newspaper being a guardian of truth and dignity).
F. All of the above were causes of actionpleaded by the plaintiff.
25. A strict liability offence:
A. does not have to be proven to have beencommitted beyond reasonable doubt, only on the balance of probabilities.
B. would tend to carry a higher penalty than atypical mens rea offence.
C. is one where the defendant, after havinginfringed a statute, must prove she is not at fault in order to escapeliability.
D. is another name for an absolute liabilityoffence.
E. All of the above are true.
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26. Whether a publication is found to be`highly offensive` in terms of the tort of invasion of privacy depends upon:
A. whether the plaintiff himself finds ithighly offensive; it being a subjective test.
B. whether a reasonable person in the positionof the plaintiff would find it highly offensive; it being an objective test.
C. whether there has been a breach of section14 of the New Zealand Bill of Rights Act 1990 (which relates to freedom ofexpression).
D. whether there has been a breach of thePrivacy Act 1993.
27. Which of the following is a standardfeature of a breach of civil obligation?
A. The plaintiff must generally sufferphysical harm/injury to qualify for relief.
B. The plaintiff must link the defendant tothe plaintiff`s loss by showing the defendant caused the harm.
C. There must be proof that the defendantintended to cause the plaintiff harm.
D. Breach of a civil obligation will result ina court punishing the wrongdoer.
28. The tort of invasion of privacy is onlyestablished if the plaintiff can prove that there was:
A. a physical trespass onto his property inorder to obtain the information.
B. publication of a false statement.
C. publication of facts about the plaintiffthat are not widely known.
D. All of the above.
29. In relation to statutory offences, selectthe correct statement:
A. Mens rea is a requirement for all statutoryoffences as it is a fundamental principle of criminal law that all offenceshave two component parts: the actus reus and the mens rea.
B. There is no possible defence to a strictliability offence.
C. Parliament sometimes clearly indicates whattype of offence is created by a particular statutory provision, by expresslystating so within the provision concerned.
D. All of the above are true.
30 .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.
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31. Principle 5 of the Privacy Act requiresthat agencies:
A. Take reasonable steps to protect personalinformation they hold from unauthorized access
B. Guarantee that hackers will never gainaccess to personal information held by them
C. Notify individuals every time unauthorizedaccess to their personal information occurs
D. Notify the Privacy Commissioner every timeunauthorized access to personal information occurs
32. The Protected Disclosures Act 2000 iscolloquially known as:
A. the whistlebower legislation.
B. the privacy legislation.
C. the insider trading legislation.
D. the official information legislation.
E. the breach of confidence legislation.
33. Select the correct statement from thefollowing general propositions:
A. For every situation where the conduct ofthe defendant leads to civil liability, there will be corresponding criminalliability in respect of that conduct under a statutory provision.
B. All civil obligations in New Zealand todaystem from judge-made rules.
C. In New Zealand today, all criminal offencesare clearly stated as such in the legislative provisions which create them.
D. In New Zealand today, judges can and doreadily create new criminal offences; as they decide cases which involvebehaviour they consider should be criminal and punishable by imprisonment.
E. All of the above are correct statements.
34. Section 252(1) of the Crimes Act 1961states `Everyone is liable to imprisonment for a term not exceeding two yearswho intentionally accesses, directly or indirectly, any computer system withoutauthorisation, knowing that he or she is not authorised to access that computersystem, or being reckless as to whether or not he or she is authorised toaccess that computer system`. The words `ACCESSES, DIRECTLY OR INDIRECTLY, ANYCOMPUTER SYSTEM` refer to:
A. the actus reus of the offence.
B. the mens rea of the offence.
C. the maximum penalty for the offence.
D. the burden of proof relating to theoffence.
E. the standard of proof relating to theoffence.
F. None of the above.
35. A company sends a debt collector to thewrong address. The privacy principles most likely to have been breached are:
A. Principle 4
B. Principle 6 and 7
C. Principle 8 and 11
D. None of them
36. In Harder v Proceedings commissioner theCourt of Appeal held that:
A. Recording another party to a conversationwithout her consent was not a breach of principles 3 or 4 of the Privacy Act
B. Recording another party to a conversatinwithout her consent was a criminal offence
C. Recording another party to a conversationwithout her consent would only be a breach of the Privacy Act where theinformation had been solicited
D. The Privacy Act did not apply to audiorecordings
37. Strict liability offences:
A. impose liability without the need for proofof intention in respect of the offence.
B. are found in the civil law.
C. have no defence.
D. are always punishable by imprisonment.
E. All of the above are true.
38. Complete the statement which follows. `Itis a fundamental principle of criminal law that a crime is divided into twocomponent parts: ... ` :
A. the actus rea and the mens reus.
B. the actus reus and the mens rea.
C. the strict liability offence and theabsolute liability offence.
D. None of the above is accurate.
39. In civil actions, proof of harm/loss is:
A. an essential element for most causes ofaction.
B. enough to justify a remedy being awarded bythe court.
C. for the defendant to establish.
D. unnecessary in most cases.
40. In Bradley v Wingnut Films [1993] 1 NZLR415, it was held that:
A. there was an invasion of privacy becausethere was clear identification of the plaintiff.
B. there was an invasion of privacy becausehorror movies are offensive to many people and should be restricted.
C. there was an invasion of privacy becausetheir was implied endorsement of the film by the plaintiff which wasembarrassing.
D. there was no invasion of privacy becausethis cause of action was not recognised in New Zealand.
E. there was no invasion of privacy because,although this cause of action formed part of the law of New Zealand, atombstone in a public cemetery was not private, and there was nothing in thefilm which suggested anything sinister in relation to the plaintiff`stombstone.
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41. The publication of a photograph taken in apublic street would not be actionable under the tort of invasion of privacybecause:
A. it is not a fact.
B. it is not highly embarrassing.
C. the tort of invasion of privacy onlyprotects statements, not photographs.
D. there could be no reasonable expectation ofprivacy in such a public place (as a street).
E. All of the above.
42. The Privacy Act 1993 applies
A. To government agencies only
B. To government agencies, businesses andindividuals
C. To government agencies, businesses and toindividuals (unless the individuals are collecting and using the information inconnection with their personal, family or household affairs)
D. To courts and tribunals in relation totheir judical functions
43. Which of the following would be potentialdefences in a tortious action for invasion of privacy?
A. That there is a legitimate public interestin having the information published.
B. That the information is embarrassing butdoes not meet the threshold of `highly offensive`.
C. That the plaintiff consented to thepublication of the information.
D. That the plaintiff, being a public figurewho has willingly put himself in the spotlight, must reasonably expect areduced right to privacy due to his public figure status.
E. All of the above could be successfulcounter arguments by a defendant in an invasion of privacy action.
44. In Balfour v Attorney-General [1991] 1 NZLR519, the plaintiff failed in his action due to the following:
A. He struck unsympathetic judges in both theHigh Court and the Court of Appeal.
B. He could not prove that he had suffered anyharm or injustice.
C. He could not frame his case within a causeof action.
D. All of the above are true.
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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.
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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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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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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.
评论 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.
评论 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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