LEGAL+SAMPLE+FINAL+B+09+MARKING+GUIDErevised+J

LEGAL+SAMPLE+FINAL+B+09+MARKING+GUIDErevised+J - Sample B...

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Sample B revised July 2009 SUGGESTED ANSWERS Part A Multiple Choice 1. A 2. B 3. C 4. D 5. B 6. D 7. B 8. A 9. D 10. B 11. C 12. C 13. A 14. D 15. C 16. C 17. A 18. B 19. B 20. D
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FINAL EXAMINATION MARKING INSTRUCTIONS FOR SECTION B Marking directions for each Question are meant as a guide to possible content. As a general principle be flexible in the marking of questions, consider the limited time available and that the answers are written under examination conditions. Full marks can be awarded even if not all content is covered, as long as answers are reasonably expanded and developed. Basic point form answers should not receive more than half the possible total. DO NOT award half marks for any part of the question. 21. Discuss ‘offer and acceptance’ and ‘consideration’ as requirements of a valid contract. Refer to one decided case in your answer. (10 marks) Allocate 4 marks each for an explanation of “ offer and acceptance ” and consideration ” as essential elements of a valid contract: Students should explain the rules of offer and acceptance and better answers should explain the difference between an offer and an invitation to treat. Offer plus acceptance = agreement. Students should mention that social/ domestic agreements are not usually legally binding. (See SM p.67-71) Students should explain the rules of consideration particularly that consideration must be sufficient, but need not be adequate. Better answers may explain when consideration is insufficient e.g. when the promise is too vague, when an existing public duty or contractual duty is being performed. Better answers may distinguish between a simple contract and a deed.( SM p.77- 78) Allocate 2 marks for reference to a decided case such as Carlill v CSBC, or Stilk v Myrick (SM p.74 and p.88-89)
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22. What is ADR? Explain three possible ADR methods which could be used to resolve a commercial business dispute such as a breach of contract. (10 marks) Allocate 1 mark for a definition of ADR . Better students a may give examples (SM p.116) of situations where ADR methods are most suitable such as
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This note was uploaded on 04/07/2012 for the course COMMERCE 101 taught by Professor Louis during the Three '07 term at University of New South Wales.

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LEGAL+SAMPLE+FINAL+B+09+MARKING+GUIDErevised+J - Sample B...

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