Practice A1 Points to Note Flashcards
Ethics
What does a solicitor need to get before referring a client to their own separate business?
Client’s informed consent
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?
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.
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?
No
Constitutional
What must Parliament do after a treaty is ratified in order for it to become law?
Parliament must pass an Act incorporating the treaty into UK law
Constitutional
What are the two thresholds to have standing for judicial review and humans rights claims?
JR: sufficient interest
HR: victim
Contract
Does breach of a collateral contract affect the revocability of the main offer, and what is the effect of this?
No. If an offer subject to a collateral contract is revoked, it is only the CC which is breached
Is there ever an entitlement to an injunction?
No, it is within the discretion of the court, so any answer choice suggesting an entitlement is wrong
Contract
In addition to being automatically void, what is the effect on a party who enters into a contract for an illegal purpose?
Any money paid is not recoverable through restitution
Contract
What aspect, regarding the termination of a contract, can be consideration?
Foregoing terminating a contract when you have or believe you have a right to do so can be consideration for variations
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?
Sale of Goods Act 1979
Contract
What defeats damages in a claim for misrepresentation?
If the party who made the statement can show that they believed the statement and can prove reasonable grounds for this belief
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?
Void
Legal Services
What is the difference between the takeover exclusion and the designated professional body exemption?
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.
Legal Services
What trap should we look out for on the exam in the context of arranging?
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.
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?
No claim because there is no actionable damage
Tort
In the context of a service provided, what is the exception to the general rule that pure economic loss is not recoverable?
Person is providing a service and has undertaken a responsibility towards those benefitting from it, e.g. beneficiaries under a will.
Tort
The reasonable standard of care in medical negligence is assessed based on the knowledge available at what time?
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.
What is the effect of lack of damage in a negligence claim?
In negligence, no damage = no claim
Tort
Does the extent of harm need to be reasonably foreseeable?
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.
Will causing damage where a duty is owed always give rise to a claim?
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.
What defeats the state of the art defence?
Where the producer was aware of the defect
Dispute Resolution
What are the three things a defendant can do in defending their claim?
- Assert a procedural defence
- Negate one or more elements of the case, or
- Dispute damages.
Business
Under the Model Articles, are the shareholders required to borrow money or create charges?
No
Through what type of resolution can shareholders reduce the amount of a dividend?
Ordinary