FLK1 mock wrong questions

Question 1

Test for remoteness of damage in Contract CPA 1987

Answer 1

Direct consequence- loss that is a direct consequence of the breach.
need only be a consumer (not buyer) who suffered harm caused by the defect

Question 2

Can ministers use royal perogrative power to over ride statute

Answer 2

NO:
De Keyser’s Royal Hotel [1920] AC 508, and R v Secretary of State for the Home Department, ep Fire Brigades Union [1995] 2 AC 513, the House of Lords held that it would be an abuse of prerogative power for a minister to exercise power in a way which is inconsistent with statute, due to Parliamentary Supremacy.

Question 3

features of a limited partnership

Answer 3

Partnership act, mustbe registered with CH on form LP5.
liabilty limited to their contribution.
limited partners cannot bind the firm or take part in management.
diferent from a limited liabilty partnership

Question 4

limitation period for contract claims

Answer 4

breach of contract claim expires 6 six years from the date of the breach occured

Question 5

what is the liability when a partner leaves a partnership. what conditions must be met to cease to be liable for future debts

Answer 5

partners are jointly and severally liable for all debts incurred by the partnership whilst they are partners (ss9, 17(2) Partnership Act 1890, s3 Civil Liability (Contribution) Act 1978)

An outgoing partner is not liable for debts incurred after he leaves the partnership provided that he gives appropriate notice ( notice to all clients, gazette and removes name from the company) and is not knowingly held out as a partner (ss36, 14 Partnership Act 1890)

Question 6

duty of care for medical

Answer 6

Bolam v Friern Hospital Management Committee [1957] 2 All ER 118, a doctor must be judged according to the standard of the reasonably competent medical practitioner.

(standard of a reasonalbel person having the skill the D claims to have)
(conduct regarded as proper by a responsible body of professional opinion)- Bolam test applies to all accepted practice/ professional.

Question 7

procedure for defence in particulars of claim

Answer 7

wAdmit the facts that can be admitted,
Deny any facts and state why- do not include expert evidence yet.
or neither admit or deny- facts you have no knowldge of or no proof of. Claimant must prove these facts.
Can provide alternative statement of loss for admitted losses.
may issue counterclaim here.

Question 8

Court of Appeal follows decisions?

Answer 8

Court of Appeal must follow judgments of the Supreme Court when inconsistent with its own even if not overruled.

Question 9

Features of a General Partnership

Answer 9

not a separate legla entity.
all share in profit and loss
each parther may manage,
no one entitle for renumeration
any agreement must have all partners agree

Question 10

what is the incidental test for financial services

Answer 10

Giving advice in relation to a regulated mortgage contract prior to completion is incidental to acting on behalf of a client in the purchase of a property.

Question 11

what is required for a SPT (ss190, 252-254 Companies Act 2006)

Answer 11

an ordinary resolution of the members also will be required to approve the purchase where board members hold more than 20% of the purchasing company, it is a substantial property transaction.

Question 12

Remedy available for auctions?

Answer 12

SGA 1979 s57 (2)- inv to treat, sale on gavel bang, is a Unilateral contract, damages

Question 13

What/ When is Leapfrog appeal available

Answer 13

Leapfrog is skipping courts to go to Supreme Court, Available for general public interest AND concern points of law.

Question 14

Appeal process and time line for lower vs higher courts

Answer 14

1st appeal-for a general appeal must have realistic possibility of succeeding or a compelling reason ( question of law or procedure , general pub policy)
[if to court of appeal or supreme it must also be important principle or practice]

2nd appear- need permission from the court of appeal to apply.

timeline: 21 days to appeal for lower courts - county or high court
28 days for Court of appeal / Supreme court.

Question 15

Tort: Criteria for liability/ test for causation?

Answer 15

Causation in Fact- but for the D`s act, would the harm occur? Burden on Claimant to prove breach and loss.
Remoteness: Reasonable person test, forsee damage- except egg shell rule, Break in chain of causation- inerveneing acts of 3rd party, claimaints own actions

Question 16

Buisness: Whats needed for approval of a Substantial propert transaction

Answer 16

Board resolution and an ordinary resolution of the Members (50% majority)

Question 17

Criteria for choosing a court based on value of claim

Answer 17

<100k/ <50k pers injury - Must start County Court
>100k or >50k personal injury may do County or High court ( use high for complex legal facts / public importance

KBD- Contract/ tort
Chancery- Buisness, land/ trust

Question 18

What is summary judgement?

Answer 18

Is an applicatin to dispose of the case or some parts of it.
Under CPR 24.2- court may give summary judgement on a whole claim if it (a) considers that (i) the claimant has no real prospect of succeeding on the claim and (b) there is no other compelling reason why the case should be disposed of at a trial.

Question 19

When is a duty of care owed in relation to negligent misstatement

Answer 19

When there is a special relationship ( such C’s replying on the D’s statement- Hedley Byrne v Heller 1964
[Duty of care can be owed in respect of pure economic loss caused by a negligent statement where there is a special relationship ]

Question 20

When can a professional exemption for solicitor firms apply?

Answer 20

Is the advice is incidental to the work.

Eg: advice in relation to a regulated mortgage contract prior to completion is incidental to acting on behalf of a client in the purchase of a property.

Question 21

Time period for filing and when can you apply for default judgement
a- after deemed service?
b - after acknowledgement of service?

Answer 21

a) After deemed service of particulars? -**14 days **
b)after acknowledgement of service- the Defence must be filed within 28 days

Question 22

When commencing a claim, after claim form, how long do you have to submite particulars of claim?

Answer 22

14 days after. claimant has 4 months (6 outside jurisdiction) to deliver claim from after being approved from Court.

Question 23

Can a claimant apply for JR on Sewel Convention ( uk administrating on devolved matters)

Answer 23

NO RvMillers confrims that Sewel Convention is not binding and a court cannot judicially review it.

aka UK parliment can legislate on any devolved matters without consent

Question 24

Can d`s who plede innocent, but found guilty in Magistrate court, appeal?

Answer 24

is pleaded not guilty to summary offences in the magistrates’ court can appeal both the conviction and sentence to the Crown Court.
No permission required

Question 25

Can a court declare an act invalid

Answer 25

Once Enrolled, an act which passes parliment and Royal assent canny has its validity questioned or held void.

Question 26

Limitation period for breaches:
Contract:
Tort
Personal Injury
Fraud

Answer 26

a) 6 years from breach s5 Lim Act 1980
b) 6 years
c) 3 years if chlid starts when they turn 18.
d) 6 years- from time fraud took place, if D took action to hide fraud, starts when discovered or could have bene discovered with due diligence.

Question 27

Whats needed for fast track vs multi track vs small claim track

Answer 27

Small Claims Track- County
Value: Up to £10,000 (Personal injury: up to £1,000 for pain/suffering).
Trial Time: Less than 1 day.
Complexity: Simple, straightforward cases.
.

Fast Track- County
Value: Between £10,000 and £25,000.
Trial Time: 1 day or less.
Complexity: Moderately complex, limited experts.

Multi-Track High/ County
Value: Over £25,000.
Trial Time: More than 1 day (2+ days).
Complexity: Complex cases, multiple issues, extensive evidence.
County Court: If lower complexity or value.
High Court: If high value (typically over £100,000) or very complex.