Wrong MCQ's Flashcards
If a court finds, on judicial review, that a public authority did not adequately consult before making a decision, what type of order would it give?
A quashing order and a mandatory order.
A quashing order voids the original decision
A mandatory order would require the decision to be retaken, only this time with proper consultation
If a law firm’s clients are typically immigrants who cannot understand English, should the law firm translate its client care letter into the relevant languages?
Yes - regulatory duty to ensure that clients receive information in a way that they understand so that they are in a position to make informed decisions about the services they need, how their matter will be handled, and the options available to them. This means that if a client does not understand the information, it should be translated
Is it obligatory to send out a client care letter?
No, so long as you communicate the material information about the retainer to the client
If you forgetfully miss a date and your client’s claim is time-barred, what should you do?
Notify the client that they have discovered an omission which could give rise to a claim by the client.
If the UK Government ratify a treaty, but decide to take a decision contrary to the terms of the treaty, is it able to do so?
Yes - Under the doctrine of parliamentary sovereignty, an international treaty does not have effect in UK law unless the treaty is incorporated into UK law by an Act of Parliament
If a claim is low-value, will it always start in the County Court?
No - it can start in the High Court if the issues are complex and it is a fast-track case
In judicial review, if a decision is made without you being consulted, can you argue that there is a general duty to consult and a general duty to give reasons at common law?
No, but you can challenge it on the failure to allow you to be heard, because where a decision adversely affects your rights, you have a right to be heardW
What matters are heard in the Chancery Division of the HC?
Disputes relating to business, equity, and trusts. It also deals with some land and property disputes
What matters are heard in the King’s Bench Division?
King’s Bench Division predominantly deals with tort and contract claims
What is the basic limitation period for personal injury claims?
3 years from the date of accrual
What type of authority does a partner in a partnership have?
Apparent authority unless a third party knew the partner had no authority to act or did not know the partner was a partner
What is the exception to the general rule in tort that an occupier is not liable for the actions of a third-party contractor?
An occupier of land is liable for a nuisance created by an independent contractor where the work for which the contractor was engaged carried a special danger of creating a nuisance
Is shareholder approval needed if directors issue shares of the same class as the existing shareholders?
No - only if a different class is being issued will shareholder ordinary resolution be necessary
When does the postal rule not apply?
- Letter not properly addressed and stamped
- Not reasonable for acceptance by post
- Express/implied stipulation that offer effective when recieved
When a contracting party waives a right, they can re-instate the waived right at any time, subject to…
giving reasonable notice
When is an employer liable for injury to employees caused by a defective product?
Course of his employment caused + defect in equipment provided by his employer for the purposes of the employer’s business + the defect is attributable to the fault of a third party (whether identified or not),
When is a purchase or sale of property a significant property transaction?
if the company is buying from or selling to a director or someone closely connected to a director.
For construction contracts what are two different measures of damages?
(1) how much it would cost to cure a defect, and (2) the difference in value between what was contracted for and what the innocent party actually received
(2) is used if it the cost of curing the defect is disproportionate to the benefit that would be gained
What are the elements of a novel duty situation?
A duty of care will only if: (1) X was a foreseeable victim; (2) there is a relationship of sufficient proximity between X and the Y; and (3) the court would consider it fair, just, and reasonable to impose a duty of care
When can a freelance solicitor provide reserved legal services?
Three years’ post-qualification experience,
Adequate and appropriate professional indemnity insurance,
Not hold client money
Notify the SRA that they are acting as a freelance solicitor.
What is the relevant period for transactions at an undervalue?
Two years
What information must be provided on incorporating a company?
A statement of capital and initial shareholders, details of the company’s business activity, details of persons with significant control, and details of the subscribers
What must be filed, and when, with Companies House, after an allotment of shares?
a Return of Allotment of Shares form within one month of the issue of shares
When must a director appointment form be filed at companies house (days)?
14 days
Explain what happens when government lays secondary legislation before parliament under the negative resolution procedure?
the House of Commons and House of Lords have 40 days to vote to reject the regulations
What is the maximum percentage that you can agree with a client under a personal injury damages based agreement?
25% (and 50% in non-PI cases)
If you are advising a client on a divorce and they tell you they bought property for cash to hide from their wife, causing you to suspect they are involved in money laundering, should you report it to the nominated officer?
No under the privileged circumstance defence you keep client confidentiality if information came to you in connection with you giving legal advice for a bona fide dispute
What is a guarantee?
A guarantee is a promise to pay a debt owed by another party if that party fails to pay.
Must a guarantee be made by deed?
No, just in writing
Is the “necessary exclusion” available for the activity of managing?
Nope
Does a freelance solicitor require indemnity insurance?
Not unless they are carrying on a reserved legal activity
What is the longstop date for bringing a claim for a defective building?
15 years
Explain res ipsa loquitur
Three conditions must be satisfied. There must be an absence of explanation for how the accident occurred. The thing which caused the accident must have been under the control of the defendant. The accident must be such as would not normally happen if proper care had been taken
What is Nuisance?
unlawful interference with the claimant’s use and enjoyment of land. To be unlawful, the interference must be substantial and unreasonable. One factor in assessing reasonableness is the intensity and duration of the interference
What is the Public Sector Equality Duty?
The Public Sector Equality Duty places several requirements on bodies within the public sector, such as a local council. This includes showing due regard for removing or eliminating disadvantages suffered by those who share a protected characteristic
Lawyers are permitted to share fees, except when…
it is to do with personal injury or death
Between traders, what happens if there is no price agreed?
If no price has been agreed and none can be determined from the dealings between the parties, the Sale of Goods Act 1979 obliges the buyer to pay a reasonable price.
Explain damages for “lost years”
The woman can recover damages for her loss of earnings during the years she would have worked but is no longer expected to survive. However, she must not be over-compensated. Had she lived, she would have spent part of her earnings on her own living expenses. So, the award of damages will reflect her earnings after deduction of those living expenses
What must be filed at Companies House to change a company name?
The filing fee, a change your company’s name by resolution form and a shareholder special resolution
Explain the notice period for calling a general meeting?
A general meeting can be called on 14 clear days’ notice. This means you cannot count the date the notice is sent out or the date of the meeting itself. In addition, if the notice is not hand delivered, then you must allow two days for delivery of the notice.
Explain the “living instrument principle”
Under the living instrument approach, the ECtHR may follow previous decisions, but it is not obligated to if circumstances have changed since that decision was made. The ECtHR may also choose to follow a consistent approach adopted by a group of states on a particular issue
Explain liability for negligent misstatements?
- Advice given for purpose made known to D
- D knows that advice will be communicated to C for that purpose and C will rely on it without independent inquiry
- Actual reliance
- Reasonable to rely
When can direct discrimination be justified?
Age and Disabilitiy
May a Part 36 Offer be accepted after expiry of the relevant period?
Yes, as long as the offeror has not withdrawn it.
What should you do if you cannot locate a witness in time for the date set for exchange of witness statements?
Seek permission to serve a witness summary, briefly summarising the evidence a witness would give if calle.
If you are hit by two cars, suffer one indivisible injury and sue driver A, who can you claim the amounts from?
Where the injury is not divisible, the claimant is entitled to recover his damages in full from either of the defendants
Explain general damages and special damages?
Special damages are those which can be precisely calculated at the time of trial, while general damages are those which need to be assessed by the court
What are the rules of natural justice
The rule against bias and the right to be heard
Is an employer liable if an employee is hurt by a defective tool (latent defect) despite them buying the tool from a reputable supplier?
Yes - Provided that the defect is attributable to fault on the part of some third party, the employer is also deemed to have been negligent.
If you are asked to represent a father and daughter in a car accident claim against driver B, and driver B alleges the father was speeding, can you represent both?
No as the daughter has a potential claim against her father, so there is a conflict of interest
In contract, what is a defence to a claim of economic duress?
Affirmation of a contract and lapse of time
Carltona doctrine
Parliament grants powers to the Secretary of State with the understanding that those powers could be exercised by civil servants on behalf of the Secretary of State
Where can a magistrates’ court decision be appealed?
Appeals from the Magistrates’ Court will go either to the Crown Court or to the High Court by way of case stated
When will the “state of the art” defence not apply?
this defence has been narrowly interpreted. It does not apply where the risk of a defect is known about, even if the knowledge does not exist to enable it to be avoided
Where one party (usually the party in breach) has been unjustly enriched by their wrongdoing, what remedy is appropriate?
Restitution
What is the time limit for service of a claim form?
Four months
In contractual cases where there is non-fraudulent misrepresentation, can you successfully sue?
n cases of non-fraudulent misrepresentation, the innocent party can recover damages arising from the misrepresentation unless the party who made the misrepresentation can prove that they had reasonable grounds for believing, and did believe, that it was true.
in cases of non-fraudulent misrepresentation, the innocent party can recover damages arising from the misrepresentation unless the party who made the misrepresentation can prove that they had reasonable grounds for believing, and did believe, that it was true.
For cases under 50k, when must the costs budget be filed?
Both parties must file a costs budget with the Directions Questionnaire.
Can you claim for interest on a County Court Jugdment of 4.5k?
No, only if its more than 5k or is a contract claim that provides for interest
If the claimant’s statement of case discloses no reasonable grounds for bringing the claim, the defendant’s best course of action is to …
make an application to strike
What types of contract can a company secretary enter into?
Administrative in nature (non-commercial)
When should a private comapny file its accounts by?
Within 9 months of the relevant accounting period
In insolvency, when is a floating charge automatically void?
A floating charge is automatically void if it was created for no consideration within 12 months ending with the onset of insolvency and at a time the company was insolvent or became insolvent as a result
Can fee-sharing arrangements with third parties be oral?
No - must be in writing
