Practice A1 Points to Note

Question 1

Ethics

What does a solicitor need to get before referring a client to their own separate business?

Answer 1

Client’s informed consent

Question 2

Constitutional

What is the effect of the transition period on laws previously attempted to be enacted by devolved legislatures which were contrary to EU law?

Answer 2

The end of the period does not revive these laws, but the devolved legislatures are free to legislate again provided it is within their legislative competence.

Question 3

Constitutional

Is UK law passed after the end of the transition period subject to EU law even if there is a retained EU law on the subject?

Answer 3

No

Question 4

Constitutional

What must Parliament do after a treaty is ratified in order for it to become law?

Answer 4

Parliament must pass an Act incorporating the treaty into UK law

Question 5

Constitutional

What are the two thresholds to have standing for judicial review and humans rights claims?

Answer 5

JR: sufficient interest
HR: victim

Question 6

Contract

Does breach of a collateral contract affect the revocability of the main offer, and what is the effect of this?

Answer 6

No. If an offer subject to a collateral contract is revoked, it is only the CC which is breached

Question 7

Is there ever an entitlement to an injunction?

Answer 7

No, it is within the discretion of the court, so any answer choice suggesting an entitlement is wrong

Question 8

Contract

In addition to being automatically void, what is the effect on a party who enters into a contract for an illegal purpose?

Answer 8

Any money paid is not recoverable through restitution

Question 9

Contract

What aspect, regarding the termination of a contract, can be consideration?

Answer 9

Foregoing terminating a contract when you have or believe you have a right to do so can be consideration for variations

Question 10

Contract

What is the source of the implied term of reasonable fitness for purpose when a buyer is buying goods from a seller in the course of the seller’s business and the buyer, expressly or by implication, makes a particular purpose known to the seller?

Answer 10

Sale of Goods Act 1979

Question 11

Contract

What defeats damages in a claim for misrepresentation?

Answer 11

If the party who made the statement can show that they believed the statement and can prove reasonable grounds for this belief

Question 12

Contract

Under UCTA, what is the status of a clause which purports to exclude liability for death or personal injury as a result of negligence?

Answer 12

Void

Question 13

Legal Services

What is the difference between the takeover exclusion and the designated professional body exemption?

Answer 13

The takeover exclusion renders the act not a regulated activity.

The designated professional body exemption need only be considered if it is a regulated activity.

Question 14

Legal Services

What trap should we look out for on the exam in the context of arranging?

Answer 14

Examples where a solicitor is arranging for the sale of land. Land is not a specified investment, so the solicitor is free to do this.

Question 15

Tort

What cause of action is possible if a victim is killed instantly with no pain, no damage to property, and no loss of earnings?

Answer 15

No claim because there is no actionable damage

Question 16

Tort

In the context of a service provided, what is the exception to the general rule that pure economic loss is not recoverable?

Answer 16

Person is providing a service and has undertaken a responsibility towards those benefitting from it, e.g. beneficiaries under a will.

Question 17

Tort

The reasonable standard of care in medical negligence is assessed based on the knowledge available at what time?

Answer 17

The knowledge available at the time of the procedure and not with the benefit of hindsight. If side effects are recently discovered, it is not reasonable to expect doctors to have taken measures against them in the past.

Question 18

What is the effect of lack of damage in a negligence claim?

Answer 18

In negligence, no damage = no claim

Question 19

Tort

Does the extent of harm need to be reasonably foreseeable?

Answer 19

As long as the type of harm was reasonably foreseeable, the extent of the harm need not be, e.g. if it is foreseeable that negligence in destroying a garage would damage a car, it is fully recoverable if this car turns out to be a very expensive classic.

Question 20

Will causing damage where a duty is owed always give rise to a claim?

Answer 20

Not always, e.g. someone otherwise driving safely who swerves to avoid a child and hits another car will not be deemed to breach their duty.

Question 21

What defeats the state of the art defence?

Answer 21

Where the producer was aware of the defect

Question 22

Dispute Resolution

What are the three things a defendant can do in defending their claim?

Answer 22

1. Assert a procedural defence
2. Negate one or more elements of the case, or
3. Dispute damages.

Question 23

Business

Under the Model Articles, are the shareholders required to borrow money or create charges?

Answer 23

No

Question 24

Through what type of resolution can shareholders reduce the amount of a dividend?

Answer 24

Ordinary

Question 25

Following appointment of a director, what is the only thing which needed to be filed at Companies House, and within what time of appointment must it be filed?

Answer 25

Only the Appointment of Director form must be filed within 14 days.

Any answer choice suggesting the resolution needs to be filed in this situation is wrong.

Question 26

What is the net effect of the chairman’s casting vote where a vote is tied?

Answer 26

The vote will resolve in his favour