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SQE > MCT (mixed) > Flashcards

MCT (mixed) Flashcards

1
Q

What kind of commercial relationships does the Unfair Terms Act not apply to?

A

Business relationships

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2
Q

What is the exception to the strict liability rule of Rylands v Fletcher?

A

Cases where the damage is unforeseeable

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3
Q

What is the main element of private nuisance?

A

Protection of interests in land (that is not so in public nuisance)

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4
Q

Which parties are liable for faults under CPA 1987?

A

The producer
Any person holding themselves out to be the producer
Importer in the UK (in the course of business)

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5
Q

Where would you check the quality of a title in the property?

A

Proprietorship Register of the registered title

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6
Q

What happens if the firm fails to obtain authorisation and carry on a regulated activity under the FSMA?

A

It is an offence and any contract made will be unenforceable

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7
Q

What is required to create a trust of shares?

A

Depositing an executed stock transfer form

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8
Q

What is an honest opinion defence?

A

The Defamation Act 2013 has replaced The ‘honest opinion’ defence with the ‘fair comment’ defence. It can be used as a defence to defamation claims if the defendant can show that:

that the statement in question was an opinion; (an opinion)
that within the statement there was an apparent basis to the opinion; and (basis for the opinion)
the statement is one that an honest person could have held (honest person could have held the opinion)

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9
Q

What effect does the frustration of a contract have?

A

It discharges the parties automatically (as it is a breach of contract)

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10
Q

What is a defence for hyperglycemia (high blood sugar)

A 
Insanity as high blood sugar is caused by a natural factor; therefore it is a disease of the mind. 
Whereas hypoglycemia (low blood sugar) is an external factor and will lead to an automatism defence.
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11
Q

Will a 3rd party be bound by a covenant?

A

A third party will be bound by a negative covenant in equity if the party had notice to it

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12
Q

What kind of money does delivery of a bill costs costs/profit costs for a fee earned involve?

A

It is neither client nor firm money. It is recorded in the business section

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13
Q

Who can benefit from an easement?

A

The occupiers at the time being

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14
Q

Who is considered the directing mind of a company?

A

In the UK, corporate criminal liability is generally determined according to the “identification doctrine”.

Prosecutors must prove that the most senior officers of the corporate, i.e. the company’s “directing mind and will”, had the requisite criminal intent.

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15
Q

What happens if either house of the Parliament declines to ratify a treaty?

A

The government cant ratify the treaty; it must lay a statement giving reasons why it wishes to proceed with the ratification

The treaty can be ratified after the expiration of 21 days (unless Commons objects)

If Lords objects, but Commons does not, then a ministerial statement must be laid before Parliament explaining why the treaty must be ratified.

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16
Q

What kind of contracts are enforceable against a minor?

A

`Contracts for the benefit of a minor (for necessary good and services and not luxuries)

The BoP to show that a contract binds a minor is on the party trying to enforce the contract

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17
Q

What is the remedy of self-help in trespass?

A

`Reasonably necessary force is justifiable after the trespasser has been requested to leave the land and given time to do so (unless they enter by force)

18
Q

What is the objective standard of recklessness in criminal law?

A

Objective and reasonable person’s foresight of the consequence of their actions.

Criminal damage has an objective standard. Every other recklessness in criminal law has subjective or subjective+objective standards of recklessness.

19
Q

What are the conditions for the Vertical Agreement Block exemption?

A

Supplier’s and distributor’s share of the market should not exceed 30% each

There must be no hardcore restrictions

20
Q

When does the defence of “development risks” apply?

A

At the time of the supply of the product (not when it was developed)

21
Q

Why are administrators appointed for an LLP?

A

The priority is to rescue the going concern but the LLP will be protected by the claims of the creditors during the administration

22
Q

Can owners be guilty of criminal damage?

A

No. Owners cannot be liable for damage to their own property

Except for when they own it with somebody else.

23
Q

What is the difference between libel and slander?

A

Libel and slander are types of defamatory statements. Libel is a defamatory statement that is written. Slander is a defamatory statement that is oral.

24
Q

What is the effect of duress?

A

It makes the contract voidable and not void

25
Q

How long is business relief available?

A

2 years

26
Q

What is the principle of subsidiarity?

A

It aims to ensure that decisions are taken as closely as possible to the citizen and that constant checks are made to verify that action at EU level is justified in light of the possibilities available at national, regional or local level.

27
Q

What is the principle of proportionality?

A

the action of the EU must be limited to what is necessary to achieve the objectives of the Treaties.

28
Q

When is consent of beneficiaries required?

A

When the trustees need to advance capital for the benefit of a beneficiary who will become entitled to the capital.

Here consent must be obtained from beneficiaries that have a prior interest to another beneficiary who will have a future interest (eg after age 25).

29
Q

Which is the only offence that can be caused through negligence?

A

Gross negli manslaughter

30
Q

What is the Cunningham test?

A

The accused had foresight that a particular harm might be done and went ahead and did it anyway (also subjective recklessness)

31
Q

What are the qualifying triggers for diminished responsibility?

A

fear of serious violence

sense of being seriously wronged
(sexual infidelity is expressly removed as a trigger BUT FOR cases where it is integral and essential)

32
Q

What are the standards of proof for reasonable use of force in self defence?

A

Reasonable force used (necessary+proportionate)

Trigger: objective standard
Response: Subjective standard

33
Q

Which defences can be used for murder?

A

Self defence and insanity

NOT applicable for murder:
Duress
Necessity

34
Q

What is the required mens rea for secondary liability?

A

mens rea for the act assisting/encouraging the primary offender (no need for mens rea for the offence)
knowledge/foresight of the principal offence and of the actus reus

Except: Murder, where foresight is not sufficient and there needs to be mens rea for assisting in the murder (the liability is of manslaughter where there is no mens rea to assist)

35
Q

What is considered not as an offer?

A 
Invitation to treat are not offers:
Display
Auction
Advertisement (exception is Carlill case where it was a unilateral contract)
Tender
36
Q

What are not considered as acceptance after an offer?

A

Counter offer
Cross offer
Supply of info
Statement of intention

37
Q

What is an exception to the need to communicate an acceptance?

A

Postal rule (once posted, it is considered an acceptance)

Postal rule only applies to acceptance and not revocation

38
Q

What do standard contracts by both parties lead to?

A

A counter offer (the standard contract of the last party is considered to be accepted)

39
Q

Is part payment sufficient consideration?

A

No, unless something additional is also provided as consideration (Pinnel rule)

The doctrine of promissory estoppel is an exception to the Pinnel rule.

40
Q

Are exclusion clauses valid?

A

Yes they are valid

However specific attention must be drawn to unusually restrictive clauses

41
Q

What kind of exclusion clauses are invalid in law?

A

Clauses excluding liab for negli (in contract or tort) in death or personal injury cases

All other exclusion clauses are subject to reasonable test

SQE (5 decks)

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