4. What is a liquidated damages clause? A. A term not explicitly written or spoken but put into the contract by legislation B. A term that limits the liability of one of the parties C. A statement, promise, or representation made after the contract has been formed D. A clause that specifies the amount of damages recoverable by one party if the other party breaches the contract 5. What does privity of contract mean? A. Only a party to a contract has any rights under the contract B. A plaintiff seeking compensation for breach of contract must prove that the breach caused their losses C. A court order requiring a person to fulfil their agreement under a contract D. Compensation is a reward given to the plaintiff for taking legal action 6. The test from the case of Donoghue v Stevenson that is applied to establish a duty of care between two people is called the... A. neighbour test B. reasonable person test C. 'but for test D. rorschach test 7. What is the first element of negligence that must be proven by a plaintiff when suing a defendant in negligence? A. The defendant breached a condition of the contract B. The defendant owed the plaintiff a fiduciary duty C. The defendant owed the plaintiff a duty of care D. The defendant is jointly liable for the wrongful acts of the partnership