FLK 1 Progress Test April Questions Wrongs Flashcards
For an apparently straightforward claim, what is the period of time that a defendant should reply to a letter of claim?
14 days
When does a new investor become a member of a company?
The new investor will become a member when their name is entered in the register of members.
What is the requirement for a guarantee to be legally binding?
Must be evidenced in writing.
What is a requirement to call a general meeting?
There needs to be agreement of the shareholders holding at least 5% of the voting shares to require the directors to call a general meeting.
What powers are devolved to the Scottish Parliament?
Justice and policing, agriculture, forestry and fisheries, the environment, tourism, sport and heritage and economic development and internal transport.
Not social welfare.
Is a fault enough to frustrate a contract?
No. The definition of frustration is ‘ an unforeseen event either renders contractual obligations impossible.’
Name a religious defence to the rule in Rylands v Fletcher
Act of God
If an owner acted reasonably in employing a contractor and took reasonable steps to check that the contractor was competent, will they be liable for an injury?
In these instances, where they have taken reasonable steps to ensure that the contractor was competent, they should not be liable for the contractors failures or the injury.
What is the mandatory level of public indemnity insurance “primary layer” cover required for a law firm?
£3m
Model articles unamended, what sort of shareholder approval is required for debt and equity finance?
Neither type of finance would need member consent.
What is the usual time frame for the clients making a complaint to the Legal Ombudsman, if the complaint is not resolved to the clients’ satisfaction using the firm’s internal complaints procedure
The clients should wait 8 weeks following the making of the complaint using the internal complaints procedure before complaining to the Legal Ombudsman.
Tell me about the criteria for a primary and secondary victim
primary victims: exposed (or reasonably believe themselves to be exposed) to danger. This includes rescuers and victims. They must believe that they are exposed to the danger
secondary: close emotional link, proximity, see or hear the immediate aftermath of the event
ecclesiastical means
church
Which court has jurisdiction over any final appeal for ecclesiastical issues
Judicial Committee of the Privy Council
What should a company do when a third-party company should be involved in a claim but they have already issued the claim and the claim form is yet to be delivered?
File amended claim form and particulars of claim at court which include the third-party company.
When should a law firm inform their public indemnity insurance provider of a potential claim?
The insurer must be notified as soon as a solicitor becomes aware of a claim against them or becomes aware of the circumstances that could lead to such a claim.
What is the deadline for a claim to be made against a product under the Consumer Protection Act 1987?
10 years after the product was put into circulation by the defendant
What is the process that a Bill (other than a money Bill) goes through to become an Act of Parliament?
First reading, second reading, committee stage, report stage and third reading in each House, then “ping pong” and Royal Assent
When should a claim be issued at the High Court?
When the outcome of this claim is of importance to the public. Ignore the value of the claim in this instance.
Can a claimant amend their claim after service?
No. However, if the limitation period has expired the court will usually only permit amendments if they relate to correcting a mistake as to the parties to the claim, to alter the capacity in which a party claims or to add or substitute a new claim.
The New Intermediate track is for claims where
The Claim is suitable for neither the small claims track nor the fast track.
The Claim includes a claim for monetary relief, the value of which is not more than £100,000.
The Court considers that the trial will not last longer than three days.
What are the options with an anticipatory breach?
- accept the breach and immediately sue for breach of contract
OR - refuse to accept the breach and wait until the due date in the hope that the other party performs their duties under the contract
To bring a claim for public nuisance a person must
suffer special damage
How can a judge interpret the law?
A judge may use the literal rule, golden rule, mischief rule, purposive approach, intrinsic and extrinsic aids, includingHansard, presumptions about Parliament’s intention, but may not overrule a statute that the judge considers is unjust.
