Instructions:
Carefully read the questions. The exam is divided into two parts. The first part is multiple choice and the second part are longer answer questions. For your answers to the multiple choice questions, you can write the question number and the letter(answer) in your exam submission, like this:
1. A
2. B
3. C
Please note that this is an example only.
PDCV 101 Foundation Legal Knowledge Assignment-Australia.
You must answer every multiple choice question in Part A. Only select one multiple choice answer for each question. If you select more than one, you will be marked incorrect. No half marks will be awarded. You do not need to reference the multiple choice answers.
You need to answer three of the questions in Part B. Answers must include proper referencing.Cases and legislation must be cited and quotes from other sources referenced. A bibliography is not required.
Your submission must be either in Word or PDF format. Answers should be typed using Times New Roman, Calibri or Arial in size 12 font. Longer answers should have 1.5 line spacing.
You must clearly show the number of each question you are answering.
There must be no collusion or sharing answers with other students. Collusion is considered plagiarism.
Part A: Multiple Choice Questions
Answer every question
1.The highest court in the New South Wales court hierarchy is:
a) the Court of Criminal Appeal
b) the High Court of Australia
c) the Privy Council
d) the Full Court of the Federal Court of Australia
2.The bearer of the cheque:
a) is the drawer’s bank
b) the person who gives the order and draws the cheque
c) the person who cancels the cheque
d) the person in possession of the cheque
3. An insured is required to disclose:
a) whether they have more than one policy of insurance about the same subject matter
b) whether they intend to have more children
c) how many previous claims they have made which have been rejected
d) anything that does not impact on the insurer’s decision to offer insurance
4. People who were in a de facto relationship can apply for a property settlement under the Family
Law Act 1975 (Cth) if they:
a) were in a de facto relationship for more than two years
b) believe that they are entitled to half of everything
c) have consistently referred to their former partner as ‘partner’ rather than ‘boyfriend’ or ‘girlfriend’
d) have been separated for more than 12 months
5.Which of the following is a legal entity:
a) a sole trader
b) a business
c) a trust
d) a company
PDCV 101 Foundation Legal Knowledge Assignment-Australia.
6.A category of action in negligence for pure economic loss includes:
a) wrongful retention of a person’s property
b) loss resulting from professional negligence
c) conversion
d) personal injury
7. In insurance law, subrogation means:
a) the ability of the insured to recoup their losses
b) that an insurer can terminate an insurance policy at any time, without reason
c) the insurer can sue the person responsible for the damage
d) the insurer will not take action against a family member, responsible for the damage
8.The drawee of the cheque is:
a) the person whose account will be charged with the value of the cheque
b) the bank which will pay the cheque
c) the person whose name is written on the cheque
d) the collecting bank
9.In insurance contracts, the duty to act in utmost good faith includes:
a) that once an insured has an insurance policy, they cannot change insurance companies
b) that both the insured and the insurer must act in the other’s best interests
c) that an insurer must make a timely response to a claim
d) that there is a fiduciary relationship between the insurer and the insured
PDCV 101 Foundation Legal Knowledge Assignment-Australia.
10. In determining whether conduct was unconscionable and breached the Australian Consumer
Law, a court would look at:
a) unfair tactics used against the customer
b) whether the customer understood what was happening at the time
c) pressure put on the customer
d) all of the above
11.The trustee in bankruptcy has the power to:
a) carry on the bankrupt’s business
b) enter into Part 10 Insolvency Agreements
c) prevent the bankrupt from engaging in social activities
d) make the bankrupt find a job
12. A stale cheque:
a) is less than 5 months old
b) must be surrendered to the drawee bank within 7 days
c) is more than 15 months old
d) is another way of describing a lost cheque
13.In a constitutional democracy, the separation of powers is applied by:
a) the legislature, the executive and the judiciary
b) the courts, the government and the exclusive
c) the Governor-General, the army and the people
d) the parliament, the voters and the ministers
14.The source of law-making powers of the federal government is:
a) the Magna Carta
b) the common law
c) the Commonwealth Constitution
d) the Declaration of Independence
Part B
Question One:
You are a licensed conveyancer with a client who is a property developer. Your client purchases a large lot of land, which he intends to subdivide and sell the smaller blocks.
You prepare the contracts of sale for the subdivided blocks and you note that the property has two small houses already built on it. The property is also next door to a livestock farm and is partially in a floodplain, which would restrict the location and types of houses that can be built.
You are aware that your client has already started advertising the subdivision with a local real estate agent. The advertising contains statements like: “Live in rural paradise” “Come and breathe the serenity” and “Be one with nature”
What risks are there for your client or any other party involved? What advice would you give your client? What precautions should you take to minimise those risks?
Question Two:
Sandra bought a lounge suite for $5,000 at a large retail store after signing up for a ‘store account.’She agreed to pay off the account at $150 per month. Prominent signs in the store said that the store account was ‘interest free’ for one year, then 3% interest per annum after the first year.
When she signed the store account contract, she hadn’t read the terms and conditions because she had been in pain after slipping over in the store and hurting her back. The salesman got her to sign when she was waiting for the ambulance to arrive.
The contract included a condition that said that the store can seize and sell any property (of any nature and value) belonging to the account holder if the account holder defaults in payment of the store account. Another clause says that once the goods are delivered, the store accepts no liability for wear and tear, loss or damage to the goods.
About a year after buying the lounge, a split opens up in the fabric on the side of the lounge.
After one and a half years of making payments, Sandra misses one payment and the store has sent her a letter of demand asking that she hand over her car.
What are the legal issues in this scenario?
(NB: You do not need to consider negligence for personal injury)
Question Three:
Catherine and James enter into a partnership to establish a conveyancing business. Catherine handles all the insurance and fills out the proposal form.
Catherine is not aware of her partner’s business history. Catherine does not know that James is an undischarged bankrupt and so, she does not disclose this on the proposal form.
Catherine also does not disclose that in her previous business, an insurance claim was declined (by a different insurer) as she was suspected of having deliberately burned down her business premises. It was never proven that Catherine did this and she had not fought the insurance company because she had been unwell at the time and had been made a good purchase offer for the property by a neighbour.
After they obtained insurance cover, the premises are damaged by fire. The Insurance Assessor’s report states that the cause of the fire is faulty electrical cabling in the property.
After ten months of assessing the claim, the insurer refuses to pay.
Advise Catherine and James about the legal issues with the insurer.
Question Four:
Stephen is an experienced conveyancer and keen social media contributor
Recently, a friend, Tom, contacted Stephen on Facebook and asked him, “Hi Stephen, units in Newcastle near my work are on the market. The price is about $350,000 per unit, which is a bargain for the area. I’m thinking of buying. What do you think?”
Stephen replied, “It sounds fantastic. What an investment.”
Tom then asked Stephen “Do strata owners have to contribute to building works on the common property or is this work should be covered by the building insurance?”
Stephen replied, “If insurance covers the work, then it is unlikely that there would be any cost to the owners.”
PDCV 101 Foundation Legal Knowledge Assignment-Australia.
Tom relied on the advice and bought the unit. Not long after purchasing, a special levy was raised to pay for additional works on the common property and the cost of the levy was four times what Tom had expected to pay in levies for the unit for the year.
Tom tries to sell the unit but all the purchasers want a price reduction to compensate for the additional levies.
Advise Tom whether he has a cause of action in negligence against Stephen. Would your advice be different if Stephen had provided the advice in his office, at a scheduled appointment?
ORDER Now This PDCV 101 Foundation Legal Knowledge Assignment And Get Instant Discount
