Established that silence is not fraud or misrepresentation

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Assignment:

1. A dentist performed a procedure on a patient. The procedure was successfully done. However the patient then realized that the dentist is drunk. Can he sue under negligence?

a. Yes, the dentist has a duty to take care

b. No, The dentist did not breach his duty

c. No, the dentist's breach did not cause any injury

2. In a legal action for personal injury, the party that claims contributory negligence is:

a. Plaintiff

b. Defendant

c. Both party can use

3. When one party is held responsible for the tort of another party, this is called:

a. Strict Liability

b. Primary Liability

c. Vicarious Liability

4. In Pharmaceutical Society of Great Britain v Boots Cash Chemists, when the pharmacy displays the goods on the shelf, they are making:

a. invitation to treat

b. offer

c. acceptance

5. To enter into a valid and binding contract, a person must be:

a. Above 16, not a bankrupt and is sane

b. Above 21, sane and earns a steady income

c. Above 18 and fully aware of the consequences of the contract

6. Geena gave the police information about a kidnapping on Monday. On Tuesday, Geena found out that there is a money reward of RM1000 for anyone who provides relevant information about the kidnapping. Is Geena entitled to claim the RM1000?

a. No, the reward is not an offer capable of creating a contract

b. No, she cannot accept an offer that she is unaware of

c. Yes, she has accepted the offer when she gave the information

7. Bing offers to sell his car to Ling for RM8000. Ling responds that she will buy at RM7000. Bing replies, 'No thanks'. Ling says, 'Okay, RM8000 for you car, deal?'. Bing did not respond. What is the outcome of this?

a. There is a contract between Bing and Ling

b. Bing and Ling has not made a valid contract

c. Ling is making an invitation to treat

8. In an auction, when the auctioneer strikes his hammer on the table after receiving the highest bid, this represent his:

a. Offer

b. Invitation to Treat

c. Acceptance

9. An intention to create legal relation will be presumed to exist in which of the following situation?

a. Agreement between husband and wife

b. Agreement between buyer and seller

c. Agreement between teacher and student

10. Which case established that silence is NOT fraud or misrepresentation?

a. Keates v Lord Cadogan

b. Kabatasan Timbers Extraction

c. Weber v Brown

11. Bina Sdn Bhd has a contract to build machineries for Roda Berhad. Which of the following will frustrate the contract?

a. Bina has taken too much orders and is facing a backlog at the factory

b. Bina's factory building was burned to the ground

c. All of Bina's workers went on a strike

12. What must be transfered by the seller to the buyer for a sale to happen?

a. Property in goods

b. Value in goods

c. Possession of the goods

13. Ben went to the pharmacy to buy pain medication for his toothache. He told the pharmacist that he is asthmatic and need a pain killer that is suitable for him. The pharmacist recommended a brand to Ben and he purchase the pills. However the pills trigger his asthma and Ben has to be hospitalized. Ben can sue the pharmacy under which implied term?

a. Quiet Possession

b. Fitness for Purpose

c. Unencumbered Goods

Reference no: EM133264991

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