1. Write relevant notes on any TWO (2) of the following topics.
(a) Restraint of trade clauses are prima facie void.
(b) Methods by which an offer may be terminated.
(c) Intention to create legal relations.
(d) The legal principles relating to counteroffers and postal acceptance.
2. Simon wanted to buy a new coffee maker. He found an advertisement placed by Wilson Appliances Ltd in the local newspaper which advertised coffee makers for sale for $300. After reading the advert Simon decided to buy one.
At Wilson Appliances Ltd.’s showroom Simon selected the coffee maker he was wanting and took it to George, a salesman, to purchase it. George refused to sell it to him.
REQUIRED:
Explain, with reasons, what Simon’s legal position is.
3. Answer ALL parts:
(a) List and identify the TWO main types of property in New Zealand?
(b) Discuss and explain what are the main features of the Torrens system under the Land Transfer Act 1952?
(c) Discuss the main features of:
(i) The Patents Act 2013, and
(ii) The Copyright Act 1994.
4. Frost, a school teacher, takes a party of children to Marshmoor one Saturday afternoon in July for a day’s nature ramble. Marshmoor is locally known for the sudden mists which from time to time descend over the region, though Frost was unaware of this.
Early in the afternoon a thick mist covers the area and the temperature drops rapidly. Frost has forgotten to bring with him his map and compass, and the group become hopelessly lost. After rambling aimlessly for some considerable time the party takes shelter in a derelict barn to wait for the mist to clear.
When Frost and the children are eventually found later that night they are all taken to the hospital suffering from the effects of exposure.
REQUIRED:
Advise the injured parties of their rights of action, if any, in tort.
5. Explain what are the different forms of nuisance? Explain with reference to case law.
6. Discuss the different types of agents that exist in law and the implied duties that they owe the principal.
7. Discuss and explain what the Authority or Court looks into to establish whether a person is an employee or contractor and why the distinction is important.