115.211 Business Law Assessment Questions 2026 | Massey University

115.211 Business Law Assessment

Question 1

Torts-Negligence

A successful claim in Negligence requires the plaintiff to show the defendant "breached their duty of care and that the plaintiff's loss was "caused" by the breach.
Explain, with reference to case law, what a breach of a duty of care is and what it means for such a breach to cause a plaintiff's loss.
(20 marks)

Question 2

Vitiating Factors in Contract

Mary is 16. Her mother won $1000 in a fishing competition a week ago and gave the money to Mary who spent it all on a new coat. Mary now regrets her purchase and wants to know if she can return the coat and get her money back
Identify the relevant law that applies to Mary's situation. Does that law allow Mary to return the coat and get her money back?

(20 marks)

Question 3

Consumer Law

Mike has opened a new general store and is writing and designing his own advertisements. He has a large supply of a different vitamins he wants to sell and thinks he might advertise one of them as prevention against getting flu, another as a remedy to make man's hair grow and the third one he thinks he will advertise as sure to increase women's performance in sport. Mika got his ideas about what these vitamins were good for from his mother who has been selling them in her larger store for a while.

Mike also ordered some TVs to sell. They were new to the New Zealand market and Mike wants to advertise them as "soon to be the most popular TV in New Zealand"
Advise Mike, with reference to the relevant sections and cases as to whether any of his advertising ideas could, if used, amount to a breach of the Fair Trading Act 1986.
(20 marks)

Question 4

Contract Formation

Susan, who is 18, saw a nice scarf advertised in her local newspaper at a very low price. Feeling very pleased with herself for spotting the advertisement, she went to the store that was selling the scarf as soon as she finished school the next day. Susan was very upset to find, when she reached the store, that the scarf was no longer being sold at the special low price. She demanded to see the manager. The manager explained that the scarf had been very popular at the special low price and, having sold a lot of the scarfs at that low price the store had now reinstated, that morning, the old price. Susan said: "You can't do that, I demand that you sell me that scarf at the special price!" Susan argued with the manager for a while and then went home, determined to find out what the law said about all this.

Identify the legal issue in this situation. What is the law that applies here? How does that law apply in this situation? Based on your understanding of the law, state whether you think Susan can demand to buy the scarf at the special low price advertised in the local newspaper.

NB: do not refer to the Fair Trading Act 1986 in your answer.

(10 marks)

Question 5

Te Arawhiti (Te Kāhui Whakatau) (Treaty Settlements):

Select one:

a. Is required to settle claims strictly in accordance with the directions of the Waitangi Tribunal or the Māori Land Court.
b. May agree to commence settlement negotiations even though no claim has been lodged with the Waitangi Tribunal.
C. Must settle all historical claims in accordance with instructions provided by the Waitangi Tribunal.

Question 6

Since the Treaty of Waitangi is an international treaty.

Select one:

a. The Treaty is only referred to when the courts interpret Acts which deal with Māori Land
b. Parliament has to incorporate it into our law before it is binding in New Zealand. Parliament has done this only indirectly-mostly by referring, in various Acts, to the "Principles of the Treaty of Waitangi
c. The Treaty of Waitangi is no longer referred to anywhere in our law because New Zealand is no longer a British colony

Question 7

Under $7 of the Resource Management Act, in achieving the purpose of the Act all persons exercising functions under the Act shall have particular regard to (a) kaitiakitanga. The interpretation section of the Act states that kaitiakitanga means:

Select one:

a. Māori rights with respect to fishing, water and other natural resources within the traditional rohe of the iwi concerned. Ob. Traditional Māori knowledge.
C. The exercise of guardianship by the tangata whenua of an area in accordance with tikanga Māori in relation to natural and physical resources.

Question 8

What does the Treaty contain?

Select one:

a. a preamble and three articles
b. preamble and two articles
c. preamble and four articles

Question 9

Which is correct?

Select one:

a. It is important to note that the Tribunal findings are, in general, not binding on the Crown, i.e., the government of the day. The Crown may simply refuse to consider any redress or other settlement of the claim.
b. It is important to note that the Tribunal findings are binding on the Crown, i.e., the government of the day. The Tribunal may direct the actions which the Crown must take to provide redress for any claim which the Tribunal has upheld.
c. It is important to note that the Tribunal's findings are binding on everyone in New Zealand so that it can direct that land in private hands as well as in Crown ownership be transferred to the successful claimants.

Question 10

The Haka Ka Mate Attribution Act 2014 provides that:

Select one:

O a Te Rauparaha must be clearly and reasonably identified as both the composer of the Haka Ka Mate and a chief of Ngāti Toa Rangatira
whenever the Haka Ka Mate is published commercially or communicated to the public
O b. Ngāti Toa must authorise any use of the Haka Ka Mate, whether for a commercial or non-commercial purpose
O c. Ngāti Toa may charge a reasonable fee for any commercial use of the Haka Ka Mate

Question 11

It is generally accepted that the word "kāwanatanga" was not a good translation into te reo Māori of the term "sovereignty". The word that would have conveyed the idea more accurately would have been "mana" but that was not used most likely because:

Select one:

a. The Williamses who provided the translation were sufficiently fluent in te reo to know that no rangatiratanga would agree to cede his or
her mana.
Ob. Kāwanatanga was already known to Māori through translation of the Bible into te reo.
OC. The Williamses, father and son, who provided the translation were not sufficiently fluent in te reo.

Question 12

Which of the following best describes the significance of the Treaty of Waitangi Act 1975?

Select one:

a The Treaty of Waitangi Act 1975 marks a new approach to the Treaty by the Crown and the institution of a tribunal to hear claims from Māori about breaches of the Treaty.
b. The Act acknowledged that most of the historical claims regarding breaches of the Treaty had already been settled.
c. The Treaty of Waitangi Act 1975 established the Waitangi Tribunal as a court to which Māori may appeal decisions of the Māori Land Court.