TOLES HIGHER EXAM
Welcome to your TOLES Higher Practice Exam.
Name: __________________________________________________________________
IMPORTANT INFORMATION
•
This exam has ten sections.
•
Each section has between five and fifteen questions.
•
There are 95 multiple-choice questions to complete in total.
•
This exam is marked out of 100 points.
•
You have 90 minutes to complete this exam.
Please circle your choices, e.g.
1.
Which word does not belong in the group?
a.
battery
b.
slander
c.
trespass
d.
statute
Good luck from the Global Legal English team!
© Global Legal English/Cambridge Law Studio, England
SECTION ONE
Instructions
Choose the correct option to complete the sentences.
1. Choose the correct option to complete (1) ….. in the sentence below.
The occupier of commercial premises, such as a (1) ….. or a bank, is usually liable for
the safety of any visitors.
a. merchant
b. seller
c. dealer
d. retailer
2. Choose the correct option to complete (2) ….. in the sentence below.
A company is owned by its shareholders, who are sometimes also referred to as the
(2) ….. of the company.
a. members
b. associates
c. affiliates
d. participants
3. Choose the correct option to complete (3) ….. in the sentence below.
In a contract for the sale of goods it is usual to find a retention of title clause, which
states that the seller will remain the legal owner of the goods until the buyer has paid in
(3) ….. .
a. entire
b. full
c. total
d. whole
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4. Choose the correct option to complete (4) ….. in the sentence below.
A person who (4)….. their intellectual property (IP) rights under a contract transfers the
legal rights in the IP to the other party.
a. assigns
b. conveys
c. passes
d. allots
5. Choose the correct option to complete (5) ….. in the sentence below.
According to your contract of employment, you are (5) ….. to 25 days paid holiday
each year.
a. allowed
b. entitled
c. permitted
d. authorised
6. Choose the correct option to complete (6) ….. in the sentence below.
The (6) ….. party sued the party in breach for damages of £14,000.
a. damaged
b. breached
c. injured
d. suffered
7. Choose the correct option to complete (7) ….. in the sentence below.
Any overdue amounts due under the contract will (7) ….. interest at a rate of 5.5%.
a. accumulate
b. accrue
c. grow
d. acquire
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8. Choose the correct option to complete (8) ….. in the sentence below.
Within a business set up as a partnership, the partners have (8) ….. and several liability
for the debts of the business.
a. shared
b. combined
c. united
d. joint
9. Choose the correct option to complete (9) ….. in the sentence below.
The judge held that the contract was void as one of the parties had signed it under
(9) ….. .
a. force
b. threat
c. duress
d. pressure
10. Choose the correct option to complete (10) ….. in the sentence below.
My client alleges that he was unfairly selected for (10) ….. because his employer
selected him on the basis of his age.
a. joblessness
b. termination
c. unemployment
d. redundancy
© Global Legal English/Cambridge Law Studio, England
SECTION TWO
Instructions
Read part of a conversation between a lawyer and her client, then select the correct
option from the list to complete (1) ….. to (15) ….. .
LAWYER: Good Morning, Ms Phillips. Please, take a seat. My secretary made a few notes
during your phone conversation with her. She tells me that you’ve had an accident
that’s resulted in a loss of (1) ….. because you have been unable to work; is that right?
CLIENT: Yes, that’s correct. It happened at the Northam Hall Hotel. My friend is getting
married soon, and she invited all her female friends to the hotel for a spa break. I was
meant to be there for three nights, but I actually spent the last night in hospital.
LAWYER: I see. That sounds serious. You’ve clearly experienced pain and suffering as
well as losing (2) ….. . Let’s get a few details, and then we can discuss the legal aspects
of the situation. First of all, can you tell me about the nature of your accident?
CLIENT: Yes, of course. It happened after I had just been outside in the (3) ….. of the
hotel. They have a nice area out there with a pool and three hot tubs. I had been in a
hot tub for about ten minutes when I got out and went back into the hotel for a bottle
of water. The area just inside the door must have been wet, but it wasn’t obvious
because of the pattern of the floor tiles. I slipped on the wet floor, fell very heavily, and
(4) ….. quite a few injuries.
LAWYER: Oh dear. That sounds very painful. Could you give me an exact description of
your injuries please? And have you obtained a report from the hospital yet to support
any proceedings we might decide to (5) ….. against the hotel? We’ll need that as
(6) ….. of our claim, as well as a written statement from at least one (7) ….. to the
incident, if possible.
CLIENT: I haven’t asked for a copy of my medical (8) ….. yet. I’ve been in so much pain;
all I’ve been able to think about is getting back to normal. I have quite a long list of
injuries, including a couple of broken ribs, a broken ankle, and several broken fingers.
The hospital kept me in for observation, as I also suffered from a bad concussion, but
my head and neck seem to be alright now. I think we’ll be able to (9) ….. the extent of
my injuries without any problem.
© Global Legal English/Cambridge Law Studio, England
LAWYER: Well, let’s obtain a copy of that medical report immediately, as we’ll need
details from it to draft our Letter before Action if we decide to make a (10) ….. . We
have to send the hotel a standard Letter before Action before we can get going with a
claim, the purpose of which is to give them a chance to (11) ….. the situation before a
court case becomes necessary. It’s a normal part of the (12) ….. of (13) ….. .
CLIENT: I understand.
LAWYER: I have an important initial question for you. Was there any sign, either inside or
outside the door of the hotel, to warn you that the floor may be wet?
CLIENT: Not that I noticed, no.
LAWYER: I ask this because the hotel has what’s known as a duty of care to all visitors to
the premises. If there is a (14) ….. danger to visitors to either the main building or the
pool area, the occupiers are under a legal obligation to give you advance (15) ….. of it
so that you know that you have to take extra care. As it seems there was no sign to
warn visitors about the wet floor, let’s proceed on the basis that we’re very likely to be
seeking damages.
1. Choose the correct option to complete (1) ….. in the conversation.
She tells me that you’ve had an accident that’s resulted in a loss of (1) ….. because you
have been unable to work; is that right?
notice
k. sustained
a. remedy
f.
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
records
2. Choose the correct option to complete (2) ….. in the conversation.
You’ve clearly experienced pain and suffering as well as losing (2) ….. .
notice
k. sustained
a. remedy
f.
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
© Global Legal English/Cambridge Law Studio, England
records
3. Choose the correct option to complete (3) ….. in the conversation.
It happened after I had just been outside in the (3) ….. of the hotel.
a. remedy
f.
notice
k. sustained
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
records
4. Choose the correct option to complete (4) ….. in the conversation.
I slipped on the wet floor, fell very heavily, and (4) ….. quite a few injuries.
a. remedy
f.
notice
k. sustained
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
records
5. Choose the correct option to complete (5) ….. in the conversation.
And have you obtained a report from the hospital yet to support any proceedings we
might decide to (5) ….. against the hotel?
a. remedy
f.
notice
k. sustained
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
records
6. Choose the correct option to complete (6) ….. in the conversation.
We’ll need that as (6) ….. of our claim, as well as a written statement from at least one
(7) ….. to the incident, if possible.
© Global Legal English/Cambridge Law Studio, England
a. remedy
f.
notice
k. sustained
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
records
7. Choose the correct option to complete (7) ….. in the conversation.
We’ll need that as (6) ….. of our claim, as well as a written statement from at least one
(7) ….. to the incident, if possible.
a. remedy
f.
notice
k. sustained
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
records
8. Choose the correct option to complete (8) ….. in the conversation.
I haven’t asked for a copy of my medical (8) ….. yet.
a. remedy
f.
notice
k. sustained
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
records
9. Choose the correct option to complete (9) ….. in the conversation.
I think we’ll be able to (9) ….. the extent of my injuries without any problem.
a. remedy
f.
notice
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
© Global Legal English/Cambridge Law Studio, England
k. sustained
records
10. Choose the correct option to complete (10) ….. in the conversation.
Well, let’s obtain a copy of that medical report immediately, as we’ll need details from
it to draft our Letter before Action if we decide to make a (10) ….. .
a. remedy
f.
notice
k. sustained
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
records
11. Choose the correct option to complete (11) ….. in the conversation.
We have to send the hotel a standard Letter before Action before we can get going
with a claim, the purpose of which is to give them a chance to (11) ….. the situation
before a court case becomes necessary.
a. remedy
f.
notice
k. sustained
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
records
12. Choose the correct option to complete (12) ….. in the conversation.
It’s a normal part of the (12) ….. of (13) ….. .
a. remedy
f.
notice
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
© Global Legal English/Cambridge Law Studio, England
k. sustained
records
13. Choose the correct option to complete (13) ….. in the conversation.
13. It’s a normal part of the (12) ….. of (13) ….. .
a. remedy
f.
notice
k. sustained
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
records
14. Choose the correct option to complete (14) ….. in the conversation.
If there is a (14) ….. danger to visitors to either the main building or the pool area, the
occupiers are under a legal obligation to give you advance (15) ….. of it so that you
know that you have to take extra care.
a. remedy
f.
notice
k. sustained
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
records
15. Choose the correct option to complete (15) ….. in the conversation.
If there is a (14) ….. danger to visitors to either the main building or the pool area, the
occupiers are under a legal obligation to give you advance (15) ….. of it so that you
know that you have to take extra care.
a. remedy
f.
notice
b. witness
g. earnings
l.
c. money
h. procedure
m. evidence
d. prove
i.
claim
n. foreseeable
e. grounds
j.
litigation
o. issue
© Global Legal English/Cambridge Law Studio, England
k. sustained
records
SECTION THREE
Instructions
Read part of a training session given by a partner in a law firm to a group of trainee
lawyers, then choose the correct option from the list to complete (1) ….. - (10) ….. .
Hello and welcome to this afternoon’s training session, which is on the topic of UK
competition law. Who will be your typical clients? Well, they are, for the most part,
corporations, partnerships, and occasionally, private individuals. And believe (1) …..
not, if you’re extremely successful and count yourself (2) ….. five so-called ‘Magic
Circle’ law firms, sometimes your client will be a government.
Let’s begin by looking at mergers. If two or more large organisations want to merge,
(3) ….. lawyer’s first task is to establish whether or not a merger clearance is needed.
Clearance is another (4) ….. saying “getting permission.” Then, the lawyer needs to
know exactly which authority to go (5) ….. order to get this permission.
The next part of the job is presenting the case for a merger (6) ….. authority and making
a persuasive argument. Most clearance authorities want detail (7) ….. party’s market
share of whatever it is they produce. They will then look at whether a merger will lead to
a position of dominance in the market that may be (8) ….. abuse.
It is considered to be unhealthy for one or two companies to hold a monopoly position
(9) ….. can dominate the market in this way. If companies group together to decide
the best way of doing this, it can lead to what lawyers and economists call a “cartel.”
This is especially a danger where a product is rare (10) ….. high demand, such as oil.
1. Choose the correct option to complete (1) ….. in the lawyer's seminar presentation.
And believe (1) ….. not, if you’re extremely successful and count yourself (2) ….. five socalled ‘Magic Circle’ law firms, sometimes your client will be a government.
a.
then a
e.
it or
i.
where they
b.
and in
f.
way of
j.
to that
c.
on each
g.
open to
d.
among the
h.
to in
© Global Legal English/Cambridge Law Studio, England
2. Choose the correct option to complete (2) ….. in the lawyer's seminar
presentation.
And believe (1) ….. not, if you’re extremely successful and count yourself (2) ….. five socalled ‘Magic Circle’ law firms, sometimes your client will be a government.
a. then a
e. it or
i.
where they
b. and in
f.
j.
to that
c. on each
g. open to
d. among the
h. to in
way of
3. Choose the correct option to complete (3) ….. in the lawyer's seminar presentation.
If two or more large organisations want to merge, (3) ….. lawyer’s first task is to establish
whether or not a merger clearance is needed.
a. then a
e. it or
i.
where they
b. and in
f.
j.
to that
c. on each
g. open to
d. among the
h. to in
way of
4. Choose the correct option to complete (4) ….. in the lawyer's seminar presentation.
Clearance is another (4) ….. saying “getting permission.”
a. then a
e. it or
i.
where they
b. and in
f.
j.
to that
c. on each
g. open to
d. among the
h. to in
way of
© Global Legal English/Cambridge Law Studio, England
5. Choose the correct option to complete (5) ….. in the lawyer's seminar
presentation.
Then, the lawyer needs to know exactly which authority to go (5) ….. order to get this
permission.
a. then a
e. it or
i.
where they
b. and in
f.
j.
to that
c. on each
g. open to
d. among the
h. to in
way of
6. Choose the correct option to complete (6) ….. in the lawyer's seminar presentation.
The next part of the job is presenting the case for a merger (6) ….. authority and making
a persuasive argument.
a. then a
e. it or
i.
where they
b. and in
f.
j.
to that
c. on each
g. open to
d. among the
h. to in
way of
7. Choose the correct option to complete (7) ….. in the lawyer's seminar presentation.
Most clearance authorities want detail (7) ….. party’s market share of whatever it is they
produce.
a. then a
e. it or
i.
where they
b. and in
f.
j.
to that
c. on each
g. open to
d. among the
h. to in
way of
© Global Legal English/Cambridge Law Studio, England
8. Choose the correct option to complete (8) ….. in the lawyer's seminar
presentation.
They will then look at whether a merger will lead to a position of dominance in the
market that may be (8) ….. abuse.
a. then a
e. it or
i.
where they
b. and in
f.
j.
to that
c. on each
g. open to
d. among the
h. to in
way of
9. Choose the correct option to complete (9) ….. in the lawyer's seminar presentation.
It is considered to be unhealthy for one or two companies to hold a monopoly position
(9) ….. can dominate the market in this way.
a. then a
e. it or
i.
where they
b. and in
f.
j.
to that
c. on each
g. open to
d. among the
h. to in
way of
10. Choose the correct option to complete (10) ….. in the lawyer's seminar
presentation.
This is especially a danger where a product is rare (10) ….. high demand, such as oil.
a. then a
e. it or
i.
where they
b. and in
f.
j.
to that
c. on each
g. open to
d. among the
h. to in
way of
© Global Legal English/Cambridge Law Studio, England
SECTION FOUR
Instructions
Choose the correct option to complete the sentences.
1. Choose the correct option to complete (1) ….. in the sentence below.
My client relied (1) ….. the warranty you provided in the contract regarding the safe
condition of the equipment he hired from you, and he has suffered a loss of £35,000 as
a result.
a. against
b. in
c. about
d. upon
2. Choose the correct option to complete (2) ….. in the sentence below.
According to the law of intellectual property, copyright is a right (2) ….. an original
creative work, such as a book or a song.
a. of
b. in
c. to
d. upon
3. Choose the correct option to complete (3) ….. in the sentence below.
Earlier this year, judges in the Court of Appeal handed (3) ….. an important judgment
concerning the environmental impacts of commercial enterprises on their neighbours.
a. over
b. up
c. down
d. in
© Global Legal English/Cambridge Law Studio, England
4. Choose the correct option to complete (4) ….. in the sentence below.
Interest will accrue at the rate set out in Schedule 1 to this Agreement (4) ….. any
amounts remaining unpaid within14 days of the date of this invoice.
a. onto
b. with
c. over
d. on
5. Choose the correct option to complete (5) ….. in the sentence below.
The claim form was served (5) ….. the defendant yesterday morning at her address in St
George’s Street, Manchester.
a. at
b. after
c. on
d. before
6. Choose the correct option to complete (6) ….. in the sentence below.
The partners may admit a new partner into the partnership in accordance (6) …..
clause 5 of the partnership agreement.
a. with
b. to
c. for
d. in
7. Choose the correct option to complete (7) ….. in the sentence below.
The director did not act (7) ….. the best interests of the company when he accepted a
free holiday in St Lucia from one of the owners of a rival business.
a. for
b. within
c. in
d. on
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8. Choose the correct option to complete (8) ….. in the sentence below.
Carlton Ross Transport Limited went (8) ….. liquidation last December, with debts of
more than £1.5 million.
a. for
b. in
c. under
d. into
9. Choose the correct option to complete (9) ….. in the sentence below.
My client agreed to pay for her car in equal monthly instalments (9) ….. a period of 60
months.
a. over
b. by
c. until
d. with
10. Choose the correct option to complete (10) ….. in the sentence below.
The company AGM has been adjourned (10) ….. next month as there was no quorum
present at today’s meeting.
a. since
b. for
c. until
d. in
© Global Legal English/Cambridge Law Studio, England
SECTION FIVE
Instructions
Read the email below, then choose the correct option to complete (1) ….. to (10) ….. .
Subject: Your purchase of shares in Golf by the Sea Limited
From: Edward Harris - EdHarris@mermaidsquarelegal.co.uk
To: Mike Hopkins - HopkinsMikeM@Gomail.com
Dear Mr Hopkins
I am pleased to inform you that following my email to her dated 17 February, (1) ….. a
response from Alexa Frayne, the seller of the five shares you wish to purchase in the
private limited company, Golf by the Sea Ltd. (GBTS Ltd). In that email, (2) ….. why the
Share Purchase Agreement (SPA) that her lawyers have provided is unacceptable to us
in its current form.
GBTS Ltd was incorporated in 2016. There are two directors, namely you and Ms. Frayne,
and each of you hold five ordinary shares. The shares (3) ….. a par value of £1 and
have been independently valued (4) ….. current market value of £20,000 each.
However, as we (5) ….. yesterday morning’s call, I am concerned that Ms. Frayne is
unwilling to indemnify you against any costs you may incur in the future (6) ….. unpaid
tax on the dividends she has received while a shareholder. As I have explained, the UK
tax authority (HMRC), may at any time, decide to investigate the company’s tax
situation, and is (7) ….. for a period of seven years following the end of any specific
financial year. This means that if Ms. Frayne, despite the warranty she is willing to
provide stating that she has paid all tax due, has not in fact paid (8) ….. to HMRC, you
will be liable for it (9) ….. the shares.
Without indemnity, I’m afraid that I cannot advise you to proceed with the purchase of
the shares on the basis currently proposed. However, I suggest that we write to Ms.
Frayne immediately and (10) ….. our offer of £20,000 per share, and, given the risk of
future liability she is asking you to accept, we now offer £1 per share.
I look forward to hearing your instructions on this matter, and I am available at 3pm for
a quick discussion if that would help.
Kind regards
Edward Harris
© Global Legal English/Cambridge Law Studio, England
1. Choose the correct option to complete (1) ….. in the email.
I am pleased to inform you that following my email to her dated 17 February, (1) ….. a
response from Alexa Frayne…
a. I have at last received
b. I had at last received
c. I at last have been received
d. I did at last receive
2. Choose the correct option to complete (2) ….. in the email.
In that email, (2) ….. why the Share Purchase Agreement (SPA) that her lawyers have
provided is unacceptable to us in its current form.
a. I set beneath in detail
b. I set out with detail
c. I set within in detail
d. I set out in detail
3. Choose the correct option to complete (3) ….. in the email.
The shares (3) ….. a par value of £1…
a. were issued with
b. was issued at
c. were issued in
d. was issued for
4. Choose the correct option to complete (4) ….. in the email.
…and have been independently valued (4) ….. current market value of £20,000 each.
a. for to have a
b. as having a
c. to having the
d. for having the
© Global Legal English/Cambridge Law Studio, England
5. Choose the correct option to complete (5) ….. in the email.
However, as we (5) ….. yesterday morning’s call…
a. discussed about during
b. discussed while
c. discussed during
d. talked during
6. Choose the correct option to complete (6) ….. in the email.
…I am concerned that Ms. Frayne is unwilling to indemnify you against any costs you
may incur in the future (6) ….. unpaid tax on the dividends she has received…
a. because a result of
b. as a result of
c. due to a result of
d. resulting of the
7. Choose the correct option to complete (7) ….. in the email.
…the UK tax authority (HMRC), may at any time, decide to investigate the company’s
tax situation, and is (7) ….. for a period of seven years…
a. can do so
b. can do this
c. entitled to do so
d. entitled for this
8. Choose the correct option to complete (8) ….. in the email.
This means that if Ms. Frayne, despite the warranty she is willing to provide stating that
she has paid all tax due, has not in fact paid (8) ….. to HMRC…
a. every of the tax owed
b. all of tax
c. every of taxes owing
d. all of the tax owing
© Global Legal English/Cambridge Law Studio, England
9. Choose the correct option to complete (9) ….. in the email.
…you will be liable for it (9) ….. the shares.
a. upon you are the owner of
b. once you are the owner of
c. upon you are an owner to
d. once you are the owner for
10. Choose the correct option to complete (10) ….. in the email.
…I suggest that we write to Ms. Frayne immediately and (10) ….. our offer of £20,000 per
share…
a. state that we withdrew
b. state that we withdraw
c. state withdrawing
d. state withdrawal of
© Global Legal English/Cambridge Law Studio, England
SECTION SIX
Instructions
Read the conversation between a lawyer and his client, then answer ten TRUE or FALSE
questions.
LAWYER: Good morning, Miss Green. My name’s Robert Simpson, and I’m an associate
in the employment department here at Campbell Smith. I understand you’ve come to
see me today because of a difficulty with your employer.
CLIENT: Yes, that’s right.
LAWYER: Then let’s take some details and see how we can help you. Can you tell me
what’s happened at your place of work to bring you here today?
CLIENT: Yes, certainly. I’ve worked for a fast-food place called ‘Pizza to Go’ in Liverpool
for the past four years or so. I started there when I left school, and I remember the week
I started very clearly, because I left school on the Friday and started there on the
Monday. People around here have to do that. There’s no year off for us to travel
around Thailand, like the private school kids.
LAWYER: OK, and what was your job, exactly?
CLIENT: Well, I can’t really say I was a chef, because all I had to do was prepare pizza
according to printed instructions. ‘Pizza to Go’ isn’t a genuine Italian restaurant and it’s
always been run by English people. It was just a case of defrosting frozen pizza bases,
adding the topping and baking it. It wasn’t exactly rocket science, but I liked it and I
was good at it.
LAWYER: I’m sure you were. And what happened to make you leave the job you liked
so much?
CLIENT: Well, when I first took the job, everyone who worked there was local; you know,
all teenagers from the local area. I went to school with quite a few of them. But
recently, a new owner took over the shop, a man named Bill Meadows. And honestly,
in the blink of an eye, everything changed.
LAWYER: In what way?
CLIENT: For a start, he brought in foreign workers who were prepared to work for a lot
less money than us. I was on £8 an hour when he took over, which isn’t much, but I was
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managing on it, and it was always paid into my bank account. But he started
bringing in people who didn’t speak English and paying them cash in hand. I sort of
made friends with one of them, a bloke called Ali, who turned out to be from
Afghanistan. The poor lad was only on about £3.50 an hour, and he was paying part of
that to Meadows in rent for a horrible flat. I’d say his treatment of people is bordering
on slave labour! By October, I was the last British worker in the whole place. All the other
English people had left voluntarily or been replaced, whether they liked it or not.
LAWYER: Things sound pretty bad. For a start, it appears that Mr Meadows isn’t
complying with minimum wage requirements as set out in statute. We also find that
employers who routinely pay cash in hand are often those who are avoiding the
payment of tax, and it doesn’t sound like any national insurance is being paid for
employees at the restaurant either. Very often in these cases, we find that foreign,
cash-in-hand employees don’t have permission to be living and working in the UK.
That’s something that the authorities may want to look into as well. Oh dear. So, what
happened to bring all this to a head?
CLIENT: Well, Meadows has been asking me to take a cut in pay for quite a few months
now, and I’ve refused. I’ve absolutely dreaded going into work. Then, when I went in
last Tuesday, he said that over £200 in cash was missing from the businesses’ cash
takings for the previous Saturday evening, and he wanted to talk to me about it. As far
as I could see, he didn’t speak to anyone else about it, and he said that as a supervisor,
I was the only person except him with a key to the cash register. But I’ve never done
anything dishonest in my life! He’s just trying to make me leave so that he can take on
someone cheaper. I couldn’t take it anymore, and I just walked out there and then.
LAWYER: I don’t blame you in the slightest. I know this is unlikely, but do you have any
written terms and conditions of employment?
CLIENT: No. Our old employer was very good about that kind of thing, and I had a
written contract for the first few years, but as soon as Bill Meadows took over, anything
to do with admin just fell apart.
LAWYER: I see. Well, I’m very confident, on the basis of what you’ve told me, that you
have a case against Mr Meadows for breach of employment law. Employers are not
allowed to behave like this, and I’m surprised he’s got away with it for so long. You’ve
done the right thing in coming to see me.
CLIENT: So, what happens next?
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LAWYER: I’ll write to Mr Meadows and make him aware of the fact that he’s in
material breach of basic employment law. In fact, from what you’ve told me, I’d say
we’ve got at least three claims against him. Constructive dismissal, breach of contract
and failure to provide a written contract, as he’s required to do by law. We’ll see what
he comes back with.
CLIENT: And if he ignores your letter? I’m pretty sure that’s what he’ll do. He’s not the
type to have any respect for lawyers.
LAWYER: Then he’ll find himself at a tribunal. You have very good grounds indeed for
making a formal claim if Mr Meadows doesn’t respond. Don’t worry too much; things
don’t look good for Mr Meadows at all.
1. Robert Simpson is a partner in the employment department of a law firm named
Campbell Smith.
a. True
b. False
2. Miss Green started her job at ‘Pizza to Go’ less than a week after leaving school.
a. True
b. False
3. Miss Green didn’t find her work at 'Pizza to Go’ especially challenging.
a. True
b. False
4. Miss Green says that it didn’t take long for Bill Meadows to start making changes
at ‘Pizza to Go’.
a. True
b. False
5. Miss Green says that all of the original English staff at the restaurant were forced
into compulsory redundancy.
a. True
b. False
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6. The lawyer thinks that Mr Meadows is not complying with an important part
of the common law regarding his legal duty as an employer to pay the minimum
wage as set out in law.
a. True
b. False
7. The lawyer thinks that immigration law may become relevant to the situation at
Pizza to Go.
a. True
b. False
8. Bill Meadows has implied that Miss Green has stolen £200 in tips from customers
which belonged to other employees.
a. True
b. False
9. Miss Green left her job without giving her employer any notice.
a. True
b. False
10. The lawyer says that the law may see Bill Meadow’s behaviour in the workplace
as amounting to him firing Miss Green.
a. True
b. False
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SECTION SEVEN
Instructions
Read the following contract clause from a Contract for Services, then choose
the correct option to complete (1) ….. to (10) ….. .
From a Contract for Services
A party may not claim relief if a Force Majeure Event is attributable to its (1) ….. act or
omission, (2) ….. , or failure to take reasonable precautions, or failure to make
reasonable efforts to (3) ….. the Force Majeure Event.
On the occurrence of a Force Majeure Event, the Affected Party shall (4) ….. the other
Party as soon as practicable. The notification shall include details of the Force Majeure
Event together with (5) ….. of its effect on the (6) ….. of the Affected Party, and any
action the Affected Party proposes to take to (7) ….. its effect.
As soon as practicable following the Affected Party's notification, the Parties shall
(8) ….. with each other in good faith and use all (9) ….. endeavours to agree
appropriate terms to facilitate the continued (10) ….. of this Agreement.
1. Choose the correct option to complete (1) ….. in the clause.
A party may not claim relief if a Force Majeure Event is attributable to its (1) ….. act or
omission, (2) ….. , or failure to take reasonable precautions, or failure to make
reasonable efforts to (3) ….. the Force Majeure Event.
a. neglect
e. prevent
b. mitigate
f.
c. reasonable
g. performance
d. notify
h. wilful
evidence
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i.
obligations
j.
consult
2. Choose the correct option to complete (2) ….. in the clause.
A party may not claim relief if a Force Majeure Event is attributable to its (1) ….. act or
omission, (2) ….. , or failure to take reasonable precautions, or failure to make
reasonable efforts to (3) ….. the Force Majeure Event.
a. neglect
e. prevent
b. mitigate
f.
c. reasonable
g. performance
d. notify
h. wilful
evidence
i.
obligations
j.
consult
3. Choose the correct option to complete (3) ….. in the clause.
A party may not claim relief if a Force Majeure Event is attributable to its (1) ….. act or
omission, (2) ….. , or failure to take reasonable precautions, or failure to make
reasonable efforts to (3) ….. the Force Majeure Event.
a. neglect
e. prevent
i.
obligations
b. mitigate
f.
j.
consult
c. reasonable
g. performance
d. notify
h. wilful
evidence
4. Choose the correct option to complete (4) ….. in the clause.
On the occurrence of a Force Majeure Event, the Affected Party shall (4) ….. the other
Party as soon as practicable.
a. neglect
e. prevent
i.
obligations
b. mitigate
f.
j.
consult
c. reasonable
g. performance
d. notify
h. wilful
evidence
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5. Choose the correct option to complete (5) ….. in the clause.
The notification shall include details of the Force Majeure Event together with (5) ….. of
its effect on the (6) ….. of the Affected Party, and any action the Affected Party
proposes to take to (7) ….. its effect.
a. neglect
e. prevent
i.
obligations
b. mitigate
f.
j.
consult
c. reasonable
g. performance
d. notify
h. wilful
evidence
6. Choose the correct option to complete (6) ….. in the clause.
The notification shall include details of the Force Majeure Event together with (5) ….. of
its effect on the (6) ….. of the Affected Party, and any action the Affected Party
proposes to take to (7) ….. its effect.
a. neglect
e. prevent
i.
obligations
b. mitigate
f.
j.
consult
c. reasonable
g. performance
d. notify
h. wilful
evidence
7. Choose the correct option to complete (7) ….. in the clause.
The notification shall include details of the Force Majeure Event together with (5) ….. of
its effect on the (6) ….. of the Affected Party, and any action the Affected Party
proposes to take to (7) ….. its effect.
a. neglect
e. prevent
i.
obligations
b. mitigate
f.
j.
consult
c. reasonable
g. performance
d. notify
h. wilful
evidence
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8. Choose the correct option to complete (8) ….. in the clause.
As soon as practicable following the Affected Party's notification, the Parties shall
(8) ….. with each other in good faith and use all (9) ….. endeavours to agree
appropriate terms to facilitate the continued (10) ….. of this Agreement.
a. neglect
e. prevent
i.
obligations
b. mitigate
f.
j.
consult
c. reasonable
g. performance
d. notify
h. wilful
evidence
9. Choose the correct option to complete (9) ….. in the clause.
As soon as practicable following the Affected Party's notification, the Parties shall (8) …..
with each other in good faith and use all (9) ….. endeavours to agree appropriate
terms to facilitate the continued (10) ….. of this Agreement.
a. neglect
e. prevent
i.
obligations
b. mitigate
f.
j.
consult
c. reasonable
g. performance
d. notify
h. wilful
evidence
10. Choose the correct option to complete (10) ….. in the clause.
As soon as practicable following the Affected Party's notification, the Parties shall (8) …..
with each other in good faith and use all (9) ….. endeavours to agree appropriate
terms to facilitate the continued (10) ….. of this Agreement.
a. neglect
e. prevent
i.
obligations
b. mitigate
f.
j.
consult
c. reasonable
g. performance
d. notify
h. wilful
evidence
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SECTION EIGHT
Instructions
Read the following contract clause, then choose the correct preposition from the list to
complete (1) ….. to (5) ….. .
40. Dispute Resolution Procedure
40.1. The Parties shall, in the first instance, attempt (1) ….. good faith to negotiate a
settlement of any Dispute (2) ….. them arising out of or in connection with this
Agreement (3) ….. 20 Business Days of either Party notifying the other of the Dispute.
40.2. If the Dispute cannot be resolved (4) ….. the Parties pursuant to Clause 40.1, the
Parties may by agreement refer it to Mediation pursuant (5) ….. the procedure set out in
Clause 40.3 hereunder.
1. Choose the correct option to complete (1) ….. in the clause.
The Parties shall, in the first instance, attempt (1) ….. good faith…
a. to
b. in
c. between
d. by
e. within
2. Choose the correct option to complete (2) ….. in the clause.
…to negotiate a settlement of any Dispute (2) ….. them arising out of or in connection
with this Agreement…
a. to
b. in
c. between
d. by
e. within
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3. Choose the correct option to complete (3) ….. in the clause.
…arising out of or in connection with this Agreement (3) ….. 20 Business Days of either
Party notifying the other of the Dispute.
a. to
b. in
c. between
d. by
e. within
4. Choose the correct option to complete (4) ….. in the clause.
If the Dispute cannot be resolved (4) ….. the Parties pursuant to Clause 40.1…
a. to
b. in
c. between
d. by
e. within
5. Choose the correct option to complete (5) ….. in the clause.
…the Parties may by agreement refer it to Mediation pursuant (5) ….. the procedure set
out in Clause 40.3 hereunder.
a. to
b. in
c. between
d. by
e. within
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SECTION NINE
Instructions
You will see a number of contract clauses with missing words. You must choose the
correct words to complete the contract clauses.
15 LIMITATIONS ON LIABILITY
15.1 No party (1) ….. (2) ….. or limits its liability under this Agreement for death or (3) …..
injury caused by its negligence or for loss due to fraudulent misrepresentation.
15.2 Subject to clause 15.1, the Owner limits its liability under this Agreement, whether
such liability (4) ….. in contract, tort, including without limitation negligence, or
otherwise, as follows:
(i) the (5) ….. liability of the Owner for all claims under this Agreement shall not (6) …..
the total sums paid or payable by the Hirer to the Owner under the Hire Contract in the
12-month period in which the claim or claims are (7) ….. ; and
(ii) the Owner shall not be liable for loss of business, anticipated profit, goodwill or
anticipated savings, or special or (8) ….. loss or damage, even if the Owner has been
advised of the possibility of such loss or damage.
15.3 The provisions of this clause shall (9) ….. the termination or (10) ….. of this
Agreement.
1. Choose the correct option to complete (1) ….. in the clause.
No party (1) ….. (2) ….. or limits its liability under this Agreement for death or (3) ….. injury
caused by its negligence or for loss due to fraudulent misrepresentation.
a. heretofore
b. hereto
c. herein
2. Choose the correct option to complete (2) ….. in the clause.
No party (1) ….. (2) ….. or limits its liability under this Agreement for death or (3) ….. injury
caused by its negligence or for loss due to fraudulent misrepresentation.
a. rejects
b. dismisses
c. excludes
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3. Choose the correct option to complete (3) ….. in the clause.
No party (1) ….. (2) ….. or limits its liability under this Agreement for death or (3) ….. injury
caused by its negligence or for loss due to fraudulent misrepresentation.
a. individual
b. personal
c. private
4. Choose the correct option to complete (4) ….. in the clause.
Subject to clause 15.1, the Owner limits its liability under this Agreement, whether such
liability (4) ….. in contract, tort, including without limitation negligence, or otherwise…
a. occurs
b. happens
c. arises
5. Choose the correct option to complete (5) ….. in the clause.
(i) the (5) ….. liability of the Owner for all claims under this Agreement shall not (6) …..
the total sums paid or payable by the Hirer to the Owner under the Hire Contract in the
12-month period in which the claim or claims are (7) ….. ; and…
a. maximum
b. greatest
c. most
6. Choose the correct option to complete (6) ….. in the clause.
(i) the (5) ….. liability of the Owner for all claims under this Agreement shall not (6) …..
the total sums paid or payable by the Hirer to the Owner under the Hire Contract in the
12-month period in which the claim or claims are (7) ….. ; and…
a. exceed
b. overtake
c. surpass
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7. Choose the correct option to complete (7) ….. in the clause.
(i) the (5) ….. liability of the Owner for all claims under this Agreement shall not (6) …..
the total sums paid or payable by the Hirer to the Owner under the Hire Contract in the
12-month period in which the claim or claims are (7) ….. ; and…
a. executed
b. brought
c. presented
8. Choose the correct option to complete (8) ….. in the clause.
(ii) the Owner shall not be liable for loss of business, anticipated profit, goodwill or
anticipated savings, or special or (8) ….. loss or damage…
a. implicit
b. implied
c. indirect
9. Choose the correct option to complete (9) ….. in the clause.
The provisions of this clause shall (9) ….. the termination or (10) ….. of this Agreement.
a. outlive
b. survive
c. outlast
10. Choose the correct option to complete (10) ….. in the clause.
The provisions of this clause shall (9) ….. the termination or (10) ….. of this Agreement.
a. expiry
b. finish
c. conclusion
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SECTION TEN
Instructions
Read the following contract clause, then choose the correct option to
complete (1) ….. to (5) ….. .
Disclosure to employees
The Receiving Party undertakes to permit access to the Confidential Information only to
those of its Representatives who reasonably need access to such Confidential
Information (1) ….. , and on the conditions that such Representatives shall each have
(a) been informed of the Disclosing Party’s interest in the Confidential Information and
the terms of this Agreement, and (b) been instructed to treat the Confidential
Information as secret and confidential (2) ….. this Agreement. The Receiving Party shall
be responsible for ensuring that each of its Representatives complies with the provisions
of this Agreement.
Return of information and property.
The Receiving Party acknowledges and agrees that the property and copyright in the
Confidential Information, including any documents, files and other items containing any
Confidential Information, belong to the Disclosing Party. At the written request of the
Disclosing Party, the Receiving Party shall return immediately to the Disclosing Party all
Confidential Information which the Receiving Party has received under this Agreement,
and which (3) ….. possession, including any copies made, and shall make no further use
or disclosure of any of it. The Receiving Party, however, may keep one copy of the
Disclosing Party’s Confidential Information in its legal adviser’s files solely (4) ….. to
comply with the provisions of this Agreement. The obligations of the Receiving Party
under this Agreement in respect of any item of Confidential Information shall (5) ….. five
years from the date on which such Confidential Information was first disclosed to the
Receiving Party.
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1. Choose the correct option to complete (1) ….. in the clause.
The Receiving Party undertakes to permit access to the Confidential Information only to
those of its Representatives who reasonably need access to such Confidential
Information (1) ….. , and on the conditions that such Representatives…
a. continue in force for a period of
b. for the purpose of enabling it
c. in accordance with the provisions of
d. for the Permitted Purpose
e. may still be in the Receiving Party’s
2. Choose the correct option to complete (2) ….. in the clause.
…been instructed to treat the Confidential Information as secret and confidential
(2) ….. this Agreement.
a. continue in force for a period of
b. for the purpose of enabling it
c. in accordance with the provisions of
d. for the Permitted Purpose
e. may still be in the Receiving Party’s
3. Choose the correct option to complete (3) ….. in the clause.
…the Receiving Party shall return immediately to the Disclosing Party all Confidential
Information which the Receiving Party has received under this Agreement, and which
(3) ….. possession, including any copies made, and shall make no further use or
disclosure of any of it.
a. continue in force for a period of
b. for the purpose of enabling it
c. in accordance with the provisions of
d. for the Permitted Purpose
e. may still be in the Receiving Party’s
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4. Choose the correct option to complete (4) ….. in the clause.
The Receiving Party, however, may keep one copy of the Disclosing Party’s
Confidential Information in its legal adviser’s files solely (4) ….. to comply with the
provisions of this Agreement.
a. continue in force for a period of
b. for the purpose of enabling it
c. in accordance with the provisions of
d. for the Permitted Purpose
e. may still be in the Receiving Party’s
5. Choose the correct option to complete (5) ….. in the clause.
The obligations of the Receiving Party under this Agreement in respect of any item of
Confidential Information shall (5) ….. five years from the date on which such
Confidential Information was first disclosed to the Receiving Party.
a. continue in force for a period of
b. for the purpose of enabling it
c. in accordance with the provisions of
d. for the Permitted Purpose
e. may still be in the Receiving Party’s
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ANSWER KEY- Higher Practice Paper
SECTION 1
1. retailer
2. members
3. full
4. assigns
5. entitled
6. injured
7. accrue
8. joint
9. duress
10. redundancy
SECTION 2
1. earnings
2. money
3. grounds
4. sustained
5. issue
6. evidence
7. witness
8. records
9. prove
10. claim
11. remedy
12. procedure
13. litigation
14. foreseeable
15. notice
SECTION 3
1. it or
2. among the
3. then a
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4. way of
5. to in
6. to that
7. on each
8. open to
9. where they
10. and in
SECTION 4
1. upon
2. in
3. down
4. on
5. on
6. with
7. in
8. into
9. over
10. until
SECTION 5
1. I have at last received
2. I set out in detail
3. were issued with
4. as having a
5. discussed during
6. as a result of
7. entitled to do so
8. all of the tax owing
9. once you are the owner of
10. state that we withdraw
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SECTION 6
1. FALSE
2. TRUE
3. TRUE
4. TRUE
5. FALSE
6. FALSE
7. TRUE
8. FALSE
9. TRUE
10. TRUE
SECTION 7
1. wilful
2. neglect
3. prevent
4. notify
5. evidence
6. obligations
7. mitigate
8. consult
9. reasonable
10. performance
SECTION 8
1. in
2. between
3. within
4. by
5. to
SECTION 9
1. hereto
2. excludes
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3. personal
4. arises
5. maximum
6. exceed
7. brought
8. indirect
9. survive
10. expiry
SECTION 10
1. for the Permitted Purpose
2. in accordance with the provisions of
3. may still be in the Receiving Party’s
4. for the purpose of enabling it
5. continue in force for a period of
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