Criminal and Civil Law

Question 1

What are the essential elements for commission of the tort of negligence?

Answer 1

A duty of care
A breach of the duty of care
Loss resulting from the breach of duty of care

Question 2

True or false, a person must perform additional work to investigate their suspicion of money laundering?

Answer 2

False

Question 3

What act does the duty of a data controller to register with the Information Commissioner’s Office arise under?

Answer 3

The Data Protection Act 2018 and GDPR

Question 4

True or false, legal professional privilege is a valid defence for failure to report the suspicion of money laundering?

Answer 4

True

Question 5

True or false, it is not a valid defence to say that you have never heard of money laundering, nor being given any training by your employer, for failure to report the suspicion of money laundering?

Answer 5

False

Question 6

What are the four main offences contained in the Bribery Act 2010?

Answer 6

Bribing another person
Being bribed
Bribing a foreign public official
Corporate failure to prevent bribery

Question 7

What is the maximum penalty for bribery?

Answer 7

10 years imprisonment and/or an unlimited fine

Question 8

A solicitor takes too long to change a will to make it more tax efficient. The person dies, and the beneficiary loses out on the inheritance What action can be brought?

Answer 8

The beneficiary has an action in tort against the solicitor

Question 9

What is the usual remedy for professional negligence?

Answer 9

Damages

Question 10

For a claim for professional negligence, on what criteria are damages awarded?

Answer 10

How far the loss sustained was foreseeable

Whether the claimant mitigated the loss

Whether the claimant contributed to the loss

Question 11

When can a tax practitioner provide wide-ranging investment advice and activities?

Answer 11

If they have permission under Part IV of the FSMA 2000 or is the member of a Designated Professional Body

Question 12

True or false, lawful handing of personal data is a principle of the 7 principles of data protection?

Answer 12

False

Question 13

True or false, ‘not kept longer than necessary’ is a principle of the 7 principles of data protection?

Answer 13

True

Question 14

True or false, ‘accurate’ is a principle of the 7 principles of data protection?

Answer 14

True

Question 15

True or false, ‘held securely’ is a principle of the 7 principles of data protection?

Answer 15

True

Question 16

True or false, a tax advisor is free to charge any level of fee, provided it is in the contract, under the provisions of the Supply of Goods and Services Act 1982?

Answer 16

False

Question 17

What is the outcome if Don negligently provides personal tax advice to a third party?

Answer 17

Don’s employer will be vicariously liable for the act provided that Don is an employee and the advice was given in the course of Don’s employment