FLK2 mock 24/10 Flashcards
What happens to the interests of co-owners holding property as beneficial joint tenants if one co-owner is made bankrupt and another dies?
joint tenants, if one co-owner is made bankrupt, severs the joint tenancy for that co-owner, making them a tenant in common.
This tenant in common share is generally calculated equally among all initial co-owners (e.g., if there were four, each would have a 25% share).
If another joint tenant dies, the rule of survivorship applies, meaning their share passes automatically to the remaining joint tenants, not to any heirs named in a will.
In which track will a personal injury claim valued at £30,000, with a trial length estimated at 2-3 days, most likely be provisionally allocated?
** intermediate track**. For intermediate track allocation, the court considers claims where the value is above the fast track threshold but not more than £100,000, and where the trial length is estimated not to exceed three days if managed proportionately.
When does the limitation period for a breach of contract claim begin if a retailer discovers faulty goods only after six months?
The limitation period for a breach of contract claim starts from the date of delivery of the goods, not from the date the faults were discovered. It would expire six years from the delivery date
If a trustee misappropriates trust funds into a mixed account, then makes purchases and retains a balance, what is the best option for beneficiaries to recover the maximum compensation for the trust?
Applying the Re Hallett rule, beneficiaries should claim that the trustee spent their own money first. Thus, the remaining funds and assets purchased with trust money belong to the trust.
: How is a breach of duty of care established in a medical negligence case when the treatment approach is new and untested?
Bolam v Friern Hospital Management Committee (1957), a doctor must act in line with the standard of a reasonably competent professional in their field. In cases where a treatment is not mainstream and lacks substantial support from established medical opinion—especially if it contradicts standard care for high-risk patients (e.g., elderly stroke patients)—the practitioner may be found to have breached their duty of care by choosing this approach.
Bolam does not apply to consent/ informing patients- this is judged on a new reasonable person test.
When responding to an allegation in a defence, what steps should a defendant take if they partially agree with the allegation but have a different explanation for its cause?
Admint what can be,
deny whats wrong
neither admit/ deny what cant be verified
Do not attached expert reports- only deal with material facts ( wait for court to submit expert/ sourcees- need permission from court)
Can contributory negligence of a parent affect a child’s damages in a negligence claim?
No, the contributory negligence of a parent does not reduce the damages awarded to a child. Under the Law Reform (Contributory Negligence) Act 1945, contributory negligence applies only if the child failed to take reasonable care for their own safety and that failure contributed to their injury. Children can be contributorily negligent, but only if they acted carelessly compared to another child of a similar age.
When must particulars of claim be served after a claim form is issued in England?
Within four months from the date the claim form is issued, if served within England.
**Claim Form Issued: **Start counting from this date.
Claim form delievered- 14 days after max; or
Longstop Date: Four calendar months from issuance. This overrides the usual 14-day deadline after deemed service if the four-month deadline comes first.
Example: If the claim form is issued on 20 March, the particulars of claim must be served no later than 20 July, even if the claim form was deemed served at a later date.
What are the general rules regarding profit sharing, decision-making, and competition in a general partnership?
Profit Sharing: Profits (including capital profits) are shared equally among partners, regardless of capital contributions, unless otherwise agreed.
**Decision-Making: **Major changes to the partnership agreement require unanimous consent. Ordinary decisions can be made by majority.
Competition: Partners cannot compete in the same business during the partnership, but there is no implied restriction on engaging in unrelated businesses. After a partner retires, they can compete unless a restraint clause is expressly agreed upon.
Rule in Halsall v brizell and how it applies to land law
Cannot take benefit without burden- applies to freehold positive covenants
eg obligation to pay for maintaince of pathway that you use.
