1. Write relevant notes on ANY TWO (2) of the following topics.
(a) Invitation to treat.
(b) Methods by which an offer may be terminated.
(c) Legal principles relating to the doctrine of Promissory Estoppel.
(d) Restraint of trade clauses.
2. Angus had joined a religious sect which was based just outside Invercargill. He lived with the sect doing manual labour on the sect farm for food and lodging. He was attracted to the sect because it was against materialism which Angus had grown to despise during his high pressured job as a Lawyer at one of N.Z.’s major law firms. He was a member of the sect for over ten years and gifted a small amount of money every month to the sect leader.
Angus woke up one day and realised he really missed the law. He decided to leave the sect and go back to the legal world. He worked out how much money he still had left and realised that he had given most of it away to the sect and that now he was penniless. He wants to get his money back from the sect.
Advise Angus whether he has any legal recourse to get his money back.
3. Answer ALL PARTS
(a) Describe AND discuss the elements which must exist for a plaintiff to have legal action in the tort of negligence. Illustrate by reference to decided cases.
(b) What are the two main forms of defamation and what must the plaintiff prove to succeed in a claim for defamation?
(c) Discuss the law in relation to Trespass to Land.
4. What are the main differences in appointing a person as an employee or an independent contractor?
5. What are the duties that an agent has towards his or her principal?
6. What are the main features of the Torrens system under the Land Transfer Act 1952?
7. Answer BOTH PARTS of the question.
(a) What does patent law protect and how is the protection gained?
(b) How are names, brands and business reputation protected in New Zealand?