Pre Module Reading

Question 1

What is security of tenure?

Answer 1

Right for the tenant to continue its tenancy beyond the contractual expiry date
Right to request that a new tenancy is requested

Question 2

What sort of covenants can be implied between landlords and tenants?

Answer 2

Extremely limited

Question 3

Enforceability of leases granted before 1 January 1996

Answer 3

Privity of contract between the original landlord and original tenant - Liability continues for the full duration -Although indemnity clauses are often used

Question 4

Enforceability of leases after The Landlord and Tenants (Covenants) Act 1995

Answer 4

Abolished privity of contract for all new leases

Landlords given greater control over assignments

Question 5

What does termination by forfeiture entail?

Answer 5

• Right for the landlord to retake physical possession of the premises
• Never implied

Question 6

What does the Landlord and Tenant Act 1954 do?

Answer 6

• Provides security of tenure to some business tenants
• Allows lease to automatically continue unless terminated under the Act
• Can be contracted out of

Question 7

What is joint and several liability?

Answer 7

• 2 people cause the same damage/ 1 person is responsible for another
• Can recover for the full amount from either who can then recover from the other party

Question 8

S14(2) of the Sale of Goods Act

Answer 8

• Satisfactory quality

Question 9

S14(3) Sale of Goods Act

Answer 9

• Fitness for a particular purpose

- Whether or not that’s a purpose for which such goods are commonly supplied

Question 10

S13 Sale of Goods Act

Answer 10

Sale by description

Question 11

S13 The Supply of Goods and Services Act 1982

Answer 11

Reasonable care and skill

Question 12

Theft- s1 Theft Act 1968

Answer 12

• Dishonesty
  1. Test used to be R v Ghosh -Dishonest according to the ordinary and reasonable standards of honest people? D must have realised what we was doing was wrong
  2. Ivey rejected the 2nd leg
• Appropriation
• With intention to permanently deprive
• Max sentence 7 years

Question 13

Robbery- s8 Theft Act 1968

Answer 13

• Theft

- Use force OR put any person in fear of being, then and there, subjected to force in order to steal

Question 14

Going equipped for theft- s25 Theft Act 1968

Answer 14

Not at his place of abode has…

Question 15

Afraid- s3 Public Order Act

Answer 15

Hypothetical bystander must be put in fear for their safety

Question 16

Fear or provocation of violence- s4 Public Order Act

Answer 16

Uses threatening/ insulting words/ behaviour with intent to cause that person to believe that immediate unlawful violence will be used against him/provoke violence

Question 17

Possession of Controlled Drugs- s5(2) Misuse of Drugs Act

Answer 17

Class A-C
Possession requires a degree of physical control
Statutory defences- Stopping someone else or lack of knowledge

Question 18

Supplying a controlled drug- s4(3) Misuse of Drugs Act

Answer 18

• Actual supply/ making an offer to supply a controlled drug
• Participation of the accused
• Knowledge

Question 19

Possession with intent to supply- s5(3) Misuse of Drugs Act

Answer 19

Specific intent- I may have the drug lawfully, it depends what I intend to do with it

Question 20

Possessing an Offensive Weapon in a Public Place- s1 Prevention of Crime Act 1953

Answer 20

Defence of lawful authority/ reasonable excuse