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SQE1 - Trick Questions > Mixed Set 2 [FLK2] > Flashcards

Mixed Set 2 [FLK2] Flashcards

1
Q

Registered Land (49)

  1. What does the property reg do?
  2. proprietorship reg?
  3. charges reg?
A
  1. confirms legal estate (freehold/ leasehold, right of way, description of the property)
  2. any restriction or burden on the estate
  3. notice of interest which need protection (ie benefit)
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2
Q

When does unreg land trigger a registration? (50)

A
  1. any type of transfer occurs (sale/ gift/ inheritance/ court order)
  2. 7+ year lease
  3. lease takes effect after 3m from grant
  4. creation of first legal mortgage
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3
Q

In reg land, what dispositions MUST be registered against the title of the property in order to be legally binding? (51)

A
  1. transfer of freehold/ leasehold*
  2. 7 + year lease (grant)*
  3. easement (grant/ reservation)
  4. new or subsequent mortgage (grant)*

Failure to register = equitable interest only for the purchaser
Further, failure to register as notice/ restriction will mean that a future purchase will not be bound by the interest whether they knew of it or not

*if the purchase is NOT for valuable consideration (eg a gift/ will/ marriage consideration/ nominal consideration) + a 3rd party has an unregistered equitable charge, then the purchaser will take the property subject to the unregistered equitable charge

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4
Q
  1. In reg land, what does an overriding interest mean?
  2. What are 3 categories of overriding interests in reg land?
A
  1. It is an interest that takes precedence and applies even if it is not registered on the registry
  2. i. Easements and profits*
    - easement before LRA 2002 (created in any way)
    - new LEGAL easement created impliedly by S62, W&B, intention, necessity and prescription
    *note: any equitable easement or profit must be protected by NOTICE on the register to be binding on a new purchaser

ii. Short-term LEGAL leases (7 years or under) - binding w or w/o knowledge*
note: equitable leases must be registered to be binding under the T is in actual occupation

iii. Actual occupation
- if the occupation was obvious on reasonable inspection - n/a
- if interest was not disclosed on enquiry - n/a
- if P knew about the occupation even if it was not obvious - n/a

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5
Q

In reg land, what is overreaching? (62)

A

Defence mechanism
New legal owner is not bound by an unknown third party interest as long as sale proceeds/ mortgage advance is paid to:
- 2 legal owners; or
- 2 trustees

Overreaching > overriding interest (beneficial interest)

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6
Q

Robbery

(a) what is the key element of robbery?
(b) is a weapon required?

A

(a) AR theft + threat of force/infliction of force
(b) no

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7
Q

when can you re-interview a suspect?

A

To facilitate recovery of evidence after being charged for cases like drug possession, drug trafficking or terrorist suspects

Else, after a suspect has been charged you cannot reinterview them

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8
Q

Who is TPMA regulated by?

A

FCA
Not SRA, as it is not client money

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9
Q

What is the Re Rose rule?

A

A gift is considered perfected by the intentions and actions of the settlor (ie they wanted to do it but could not do it in time)

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10
Q

(a) what is the general presumption about gifts to executors of a will?
(b) what is the exception to the presumption?

A

(a) that they are intended as compensation for their services
(b) this presumption does not apply to gifts of residue
gifts of residue to the executor are treated as an independent bequest, separate from the executors duties

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11
Q

Under Standard Conditions of Sale, once contracts are exchanged and a completion date is it, what happens if seller cannot complete the transaction by completion date?

A

Seller will be in breach, so buyer can claim damages only.

But, buyer cannot rescind the contract as time is not of the essence! Time becomes of the essence once buyer serves a Notice to Complete.

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12
Q
  1. if you are arrested and then brought to a police station - when does your detention clock start running from?
  2. if you are brought to the police station, then arrested - when does your detention clock start running from?
  3. max detention hours without charge
A
  1. arrival at police station
  2. arrest
  3. 24 (custody officer) + 12 (superintendent) + 36 (Mag C) + 24 (Mag C) = 96 hours
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13
Q

Proprietary estoppel

(a) what is it?
(b) what do you need to show it?
(c) give an example
(d) give an example of what will NOT be eligible

A

(a) Proprietary estoppel occurs where an owner of land has made a clear promise to another that they have certain rights in or over it, despite the absence of proper formalities or an express intention, and the promisee then acts to their detriment in reliance on this belief.

(b) promise of rights over land + absence of proper formalities/ express intention + reliance of the promisee to their detriment

(c) contribution to mortgage payments will create an equitable interest

(d) housekeeping and contributing to domestic expenses will not

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14
Q

Alienation and alternation cov (164)

  1. absolute
  2. qualified
  3. fully qualified
A
  1. T MUST NOT do XYZ (no obligation for LL to act reasonably)
  2. T can do something but only by complying with a condition. LL’s prior consent must not be unreasonably withheld (eg LL’s prior consent)
  3. T can do something but ONLY with LL’s prior consent. Consent must not be unreasonably withheld OR DELAYED.
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15
Q

Assignment on lease after 1996 (198)

Why is AGA asked?

  1. when is AGA automatic?
  2. when is AGA NOT automatic?
  3. what does AGA cover?
  4. till when does AGA last?
  5. should the assignee give direct cov to LL?
A

After 1996, T and their guarantors are automatically released from liability to the landlord when a lease is lawfully assigned to a third party. Hence, the request for AGA.

  1. if condition is absolute in the LL-T lease - yes
  2. if condition is qualified/ fully qualified. LL can ask for AGA as a condition to consent. AGA The courts cannot query the “reasonable” of the condition.
  3. payment of rent + performance of T cov + indemnify LL against non payment + other breaches
  4. until lawful reassignment of lease/ term of assignee ends
  5. no as assignee is automatically liable to observe and perform ALL T cov (T can ask assignee for a personal indemnity covering future breach of the lease terms that T may be liable for under the AGA)
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16
Q

Assignment to lease

  1. pre 1996 - can LL enforce a cov (eg cov to repair) against sub T?
  2. how is this diff after 1996?

Note: this flash card is for legal leases
burden of cov DOES NOT PASS w equitable leases

A
  1. Yes, LL can enforce ALL covs (burden and benefit) PROVIDED they touch and concern the land
  2. Burden and benefit pass to sub T IRRESPECTIVE of if they touch and concern the land
    Exception: if cov is expressed as personal to any person
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17
Q

If LL wants to pursue OG T for NT’s breach of rent cov under AGA, what should LL do?

A

LL to serve notice on OT within 6m of rent becoming due + detailing the breach + amt owed to preserve the claim under AGA

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18
Q

Qualified cov to make alterations

  1. can LL demand a reasonable sum to be paid in respect of any decrease in value of the prop due to the alteration?
  2. can LL request a fine/premium to grant consent?
A
  1. yes
    LL may also asked for an undertaking from T to reinstate the prop to the condition it was before the improvement where reasonable
  2. no, not unless mentioned in the lease agreement
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19
Q

Covenants

  1. Does the benefit of the cov pass in law and equity?
  2. Does the burden of the cov pass in law and equity?
A
  1. Yes to both
  2. First identify if the cov is positive or restrictive.

Positive covs never pass in law or equity.

In law, a restrictive cov may pass through the doctrine of mutual benefit (if the benefit of the cov passes, then the burden may too)

In equity, a restrictive cov* may pass through the Tulk rules.
(a) touch and concern the dom T’s land (thus breach of cov will affect use of dom T’s land)
(b) at the date of the cov initially, land should have belonged to dom T who benefitted from that cov
(c) new purchaser must have notice of the restrictive cov

*restrictive cov = no spending money… ie NOT to do something

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20
Q

Give an example of the Doctrine of Transferred Malice

A

A gives Y a poisoned apple with the intent to kill Y. But, Z eats the apple and dies instead.

A is liable for Z’s murder through the doctrine of transferred malice. This is because the intention to kill Y is transferred to Z.

R v Saunders (1573) 2 Plowd 473

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21
Q

A intends to kill Y and pushes Y (pregnant) down the stairs. Y survives, and the baby is born alive but dies after few days from injuries.

Is A liable for the death of the baby under the doctrine of transferred malice?

A

No. At the time A intended to kill Y (not the baby). The baby is not considered a human being until it is born, thus malice cannot be transferred. Therefore, A can only be liable for the attempted murder of Y.

For a murder conviction re the baby, the baby must die after being fully expelled from the mother’s body.

22
Q

To establish a valid trust

(a) does tangible property like bottles of wine, need segregation?
(b) does intangible property like shares, need segregation?

A

(a) yes
(b) no

23
Q

Elements of S 9 (1)(a) Burglary

Q. Do you have to complete the theft for it to be classified as burglary?

A

AR: Enter a building as a trespasser
MR: intent to steal (or cause GBH or criminal damage)

A. No. Just need intent to commit theft + trespass.

24
Q

Contracting out of security of tenure in a business premises under LTA

(a) can this be contracted out of?
(b) how to contract out?

A

(a) yes, only if a specific procedure is followed
(b) there are two ways:

Option 1:
- LL serves warning notice on T + copy of the lease stating that security of tenure is n/a
- T signs a statutory declaration
- agreement to contract out (certified)/ declaration (certified) must be annexed to the lease

Option 2 is lease is completed 14 days after LL’s warning notice:
- T must sign a simple declaration

25
Q

What are the 2 things the Sentencing Act looks into when assessing the seriousness of the offence?

A
  1. offender’s culpability
  2. harm caused/ intended
26
Q

If some part of a will/ codicil is unclear, can the court use extrinsic evidence to interpret the document?

A

Yes
This is called rectification

27
Q

Under what situations can the court use rectification (external evidence) to interpret an unclear will/ codicil?

A
  1. where any part of the will is meaningless
  2. language used is ambiguous on the face of it
  3. extrinsic evidence is available to clarify the testators intent
28
Q

When is rectification (external evidence) most commonly used by the court re a will/ codicil?

A

Acc to S 21 Admin of Justice Act

a. if it was a clerical error
b. failure to understand testators instructions

29
Q

(a) can the police delay the right to inform someone of an arrest?
(b) if yes, up to when?
(c) for what offences?

A

(a) yes
(b) 36 hours - by custody officer
(c) indictable offence/ either way offence

30
Q

Can leases grant the tenant a right such as an easement?

A

Yes

31
Q

What is an implied easement of common intention and how is it different to an easement of necessity?

A

Easement of common intention applies even when it is not necessary to the enjoyment of the property.
The only thing the purchaser has to show: is that both parties intended to grant it.
Eg using a lift in the building where you are a tenant

32
Q

How do you determine if something is a fixture or a fitting (chattel)?

A
  1. degree of annexation - will it cause damage if removed? if yes, then fixture.
  2. purpose of annexation - why was it there? if only aesthetic, then fitting.
33
Q

(a) What is aggravated criminal damage under s.1(2) called if it is with fire?
(b) What are the elements?

A

(a) Aggravated arson
(b) to destroy or damage property intending to endanger the life of another or being reckless as to whether the life of another would thereby be endangered.

it is possible to be charged with arson endangering life even if it is your own property

34
Q

When you create a trust, a gift of chattel is not complete unless there is….?

A

clear, unequivocal, unambiguous intention from the owner to transfer the property to the recipient + accompanied by an act of delivery or change of position.

35
Q

What are the elements for S20 GBH

A

AR: assault (direct/indirect) occasioning really serious injury

MR: intent or reckless as to causing SOME harm*

*P does not have to establish that they intended or were reckless as to causing SERIOUS harm

36
Q

DMC requirements (67)

A
  1. must be made in contemplation of death - known cause
  2. intention that the gift is conditional upon death - gift revokes if donor recovers
  3. subject matter of the gift must be delivered properly - actual physical delivery/ essential evidence of title
37
Q

DMC - Correct way to transfer prop (69)

  1. chattels
  2. money
  3. land
  4. shares
  5. cheques
A
  1. physical delivery (eg) key
  2. handing over $
    savings in bank account - savings book/pass book
    key? bank cad?
  3. delivery of title deeds
  4. share certificates?
  5. own account - CANNOT
    third party - OK
38
Q

Trusts (50) - Formalities of prop transfer

  1. land
  2. shares
  3. chattles
  4. equitable interests
  5. choses in action
  6. cheque
A
  1. deed
  2. stock transfer form
  3. physical delivery/ deed
  4. written + signed
  5. written notice of assignment to the debtor
  6. signed at the back
39
Q

Does saunders v vautier apply to disc. beneficiaries?

A

Yes
Typically B’s who are not absolutely entitled cannot terminate but under S v V, disc. B’s can as long as they:
1. are over 18
2. have capacity
3. all B’s agree

40
Q

Trusts - Perpetuity periods

  1. for animals
  2. trusts established before 6 april 2009
  3. after 6 april 2009
  4. purpose trust
A
  1. date of deceased death + 21 years (common law)
  2. must vest within 80 years
  3. must vest within 125 years
  4. life presently in being + 21 years (common law perpetuity period)
41
Q

What are the 4 rules to be satisfied to establish a building scheme?

A
  1. purchasers must derive their title from a common seller
  2. before selling, seller must have laid out his plots in separate lands
  3. following sale, same restrictions must be imposed on all plots, intended to benefit the plots sold
  4. each purchaser must have bought the plots understanding that the plots were intended to all other plots in that scheme
42
Q

In a building scheme, can a neighbour A sue another neighbour B for a breach of a restrictive cov entered into by neighbour B and seller of the land (developer)?

A

Yes
Neighbour A will acquire rights in equity to enforce the cov

43
Q

Explain the partial defence of diminished responsibility

A

abnormality of mental functioning must arise from -

(a) recognized medical condition; and
(b) substantially impaired D’s ability to (any 1 below):
- understand the nature of D’s conduct
- form rational judgement
- exercise self control

Eg battered wife syndrome

44
Q

What are the two grounds that a confession can be excluded?

If D (court) raises the issue of admissibility, who has to prove that it is admissible and to what standard?

A

oppression and unreliability

P has the legal burden to prove beyond reasonable doubt that it was NOT obtained through oppression and/or unreliability, else it MUST be excluded

45
Q

in a self-declaration trust (ie settlor is the T) with another T, where both Ts are supposed to hold the gift for the B, is the gift perfected if it is not transferred to the other T but only remains with the settlor?

A

Yes
It is perfected once it vests in ANY of the trustees

46
Q

Process for an either way matter

A
  1. Plea Before Venue - D indicates a plea
  2. Mag proceeds to set an allocation hearing - here case is decided if it will be tried summarily in Mag C or go to CC on indictment
46
Q

If there is a JT and 1 LO wants take out a loan on the property, who all can the solicitor represent?

A

That 1 LO + lender

Cannot act for the other LO as they will need independent legal advice since they will not be benefitting from the transaction. This is to avoid any presumption of fraud or undue influence from the benefitting LO.

47
Q

When you have a lease agreement, and you sign a deed of variation to extend the term of the lease, what is the effect of the deed of variation?

A

Deed of variation results in the LEGAL surrender of the original lease + immediate grant/commencement of a new lease with the extended term

47
Q

What is S 18 offence
What is the MR

A

GBH with intent
MR: Intent to cause SERIOUS harm

48
Q

CGT tax year

A

6 april - 5 april

49
Q

Crime
What is factual causation?
What is legal causation?

A

But for test
Operative and substantial cause

SQE1 - Trick Questions (17 decks)

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