EXAM PREPARATION: UNDERSTANDING CONTRACTS AND NEGLIGENCE
1. EXAM PREPARATION:
AGREEMENTS &
NEGLIGENCE
The law regulates private
interactions between citizens in
society, both planned
(contracts) and unplanned
(negligence). The law imposes
elements for a contract to be
valid and for a negligence claim
to be successful. Both the
common law and statutory
protection provide stakeholders
with remedies.
QSA Legal Studies Syllabus
2. THE EXAM
During exam block – Weeks 7 and 8
Exact time TBC
DE will do the exam the same week
90 minutes
Extended response to stimulus
400-600 word response
Seen stimulus (on Learner.Link)
Unseen questions
Case names provided
Essay format (no ‘I’, ‘my’, ‘me’, ‘we’, etc)
Eg. NOT I recommend, RATHER It is recommended
3. TOPICS WE HAVE COVERED (MANY HAVE
SUBTOPICS AS WELL)
Agreements pp38-66
Elements of a contract
Promissory estoppel
Terms of a contract
Form of an agreement
Misrepresentation
Mistakes
Legislation
Implied obligations
Exclusion clauses
Remedies
Contemporary issues
Negligence pp67-89
Duty of care
Defences
Remedies
Motor vehicles
Product liability
Workplaces
Insurance
No-fault compensation schemes
Duty of care in schools
Duty of care in sport
4. LEGISLATION
Agreements
Electronic Transactions (Queensland)
Act 2001 (Qld)
Competition and Consumer Act 2010
(Cth)
Sale of Goods Act 1896 (Qld)
Fair Trading Act 1989 (Qld)
Negligence
Law Reform Act 1995 (Qld)
Civil Liability Act 2003 (Qld)
Motor Accident Insurance Act 1994
(Qld)
Competition and Consumer Act 2010
(Cth)
Sale of Goods Act 1896 (Qld)
Workers’ Compensation and
Rehabilitation Act 2003 (Qld)
Write notes on how these Acts relate to the topics of Agreements
and Negligence.
5. CASES
Agreements Negligence
Use your textbook to list important cases for various topics we
have studied this semester.
Identify the name of the case, summarise what happened
(perhaps use a flow chart), identify the claims being made and
detail the outcome. These cases can be used as precedents in
your exam.
Many of the main cases are identified in the textbook as ‘Case
Study’ in a beige box (eg. p40 Carlill v Carbolic Smoke Ball
Company). Others are discussed in the text (eg. P43, first column,
bottom paragraph, Roscorla v Thomas)