1.Lara plc requested a meeting with the director of a company that it wanted to takeover in order to discuss the company’s finances. The takeover took place and it was discovered that the accounts of the target company understated debts by £30million. Which of the following describes the legal position of the auditor to Lara plc?* 0/2 The auditor owes a duty of care to Lara plc because it was a client and they could have foreseen that the accounts may be used for takeover. The auditor owe a duty of care in case they had prior knowledge that sudden bidder would rely on the statement made. The auditor does not owe Lara plc a duty of care because they could not have foreseen that the accounts may be used in a takeover. The auditor always owe a duty of care in case of investment decision. Correct answer The auditor owe a duty of care in case they had prior knowledge that sudden bidder would rely on the statement made. The auditor does not owe Lara plc a duty of care because they could not have foreseen that the accounts may be used in a takeover. 2.The claimant, who were based in London, made an offer by telex to the defendants in Amsterdam. The defendants accepted by telex. The point at issues was where the acceptance had taken place, i.e in Amsterdam at the time the defendants sent the telex or in London when it was received. Which of the following statement is true? * 0/2 If a fax,telex or telephone message is received outside normal buinesss hours,it is deemed to be communicated when the business next opens. In above case, acceptance was made in Amsterdam. In above case,acceptance was made in London. If a fax,telephone or telex message is received during normal buiness hours,it is not communicated until it is read by receiver. Correct answer If a fax,telex or telephone message is received outside normal buinesss hours,it is deemed to be communicated when the business next opens. In above case,acceptance was made in London. 3.In the context of the English legal system, what are the ‘Rules of court’? * 0/2 Parliamentary procedures followed in the formation of primary legislation. A handbook used by Judges when interpreting primary legislation. A form of delegated legislation. Guidance given to Judges when applying the Uk’s Human Rights Legislation. Correct answer A form of delegated legislation. 4. How many judges are there in Supreme court?* 0/1 3 5 12 Correct answer 12 5.Mona agreed to build a mall for AMC Ltd, to be completed on 10th July. If the supermarket was not completed on time the contract provided for a payment from Mona to AMC Ltd of £500 per day from 10th July to date of actual completion. The building was 15 days late and as a result AMC Ltd was able to prove that he had lost the £400,000 of revenue and £200,000 profits in the Christmas shopping period. What is the maximum amount he may recover from Mona ? * 2/2 £600,000 Nil £607,500 £7,500 6.In negligence ,what is the limit of a defendant’s liability for damages? * 1/1 The full losses incurred by the claimant The losses that the defendant could reasonably foresee The amount of losses that the defendant can afford to pay 7. Which of the following statement regarding the doctrine of precedent is correct?* 2/2 The ratio decidendi can be subsequently overruled in certain cases. If a precedent is reversed,the earlier decision is nullified. The ratio decidendi is always binding on future decisions. If a precedent is overruled, the earlier decision is nullified. 8. In relation to exclusion clause, which of the following describe the contra proferentem rule?* 1/1 Exclusion clause are valid unless unreasonable and unfair. Any ambiguity in exclusion clause are interpreted against the person seekingto rel on them. Exclusion clause must be validly incorporated into the contract. 9. In relation to contract law, how long will an offer remain open if no time period is set out for its expiry?* 1/1 No time limit For a reasonable time Until it’s revoked or rejected. 10. Which of the following identifies civil proceeding ? * 1/1 A prosecution for murder. An action by a claimant for breach of legal duty . A prosecution by HMRC for non-payment of tax . 11.Which of the following define bye -laws? * 0/1 Law made by Government Ministers. An Acts of Parliament. Law made by local authorities. Correct answer Law made by local authorities. 12. Which two of the following statement is true in relation to legislation?* 0/2 Primary legislation does not need to be compatible with the European Convention on Human Rights, but if not compatible a statement to that effect should be made before the Bill becomes law. Parliament can pass an Act which can never be repealed. Secondary legislation are also known as ,Acts of Parliament. For a bill to become an Acts of Parliament ,it must be pass from both house of parliament. Correct answer Primary legislation does not need to be compatible with the European Convention on Human Rights, but if not compatible a statement to that effect should be made before the Bill becomes law. For a bill to become an Acts of Parliament ,it must be pass from both house of parliament. 13. Which of the following is untrue?* 0/2 A social benefit to a defendant’s actions may protect them from liability. An foreseeable natural events will prevent causality being established in a claim of negligence. Passing off is the use of claimant’s buisness name by the defendant’s business to mislead the consumer. In res ispa loquitor , the claimant must prove that they acted reasonably. Correct answer An foreseeable natural events will prevent causality being established in a claim of negligence. In res ispa loquitor , the claimant must prove that they acted reasonably. 14. In which of the following circumstances is specific performance not available?* 0/2 Where minor are involved. Rare or unique goods are involved. Personal service contracts. Deed contract(not supported by consideration) Correct answer Where minor are involved. Personal service contracts. Deed contract(not supported by consideration) 15. Which of the following is considered by the court when determining if a statement is a term of a contract? i) The time between the making of a pre-contractual statement and the contract being concluded. ii) Whether its a fact to induce the contract or a statement as having been so important that without it the contract would not have made. iii) Whether statement is in writing. * 0/1 Option iii only Option ii only Option i and ii All of above Correct answer Option i and ii 16.Its July 2024.Miss Cindy runs a private coaching class . She teaches her student in June. The students pay her the fees for the coaching class after completion of the June session that is in August . Which type of consideration is shown by Miss Cindy and her students? * Both executory Both executed Executed Executory Score Mrs.Cindy 0/1 Her Students 0/1 Mrs.Cindy Her Students Correct answers Both executory Both executed Executed Executory Mrs.Cindy Her Students Mrs.Cindy Her Students 17.An offer was made by letter posted on 21 APRIL and delivered on 27 APRIL. A reply accepting the offer was e-mailed on 29 APRIL and the acceptor received a delivery receipt on 30 APRIL. The offeror read the reply on 4 MAY. On which date was the contract made? * 0/2 27 APRIL 29 APRIL 30 APRIL 4 MAY Correct answer 30 APRIL 18. Which of the following statements have meaning of the defence Volenti non-fit injuria? i) Punishment should fit the violence of the injury caused. ii)A person who causes injury must be held liable. iii)There can be injury to one who consents. iv)There is no voluntary assumption of risk. * 2/2 Option i Option i and ii Option iii and iv None of above 19. What does the ‘eggshell skull rule' means?* 1/1 The facts speaks for them. That defendant are only liable for the injuries that a reasonably fit person would suffer. That defendant must take the victims as they find them. 20.In which of the following court does the first instance civil claims is made?* 1/1 The County court The Crown court The Court of Appeal 21. A person who applies to a higher court for a reversal of the decision of a lower court?* 1/1 Appellant Appellee Respondent 22. The Matrimonial Case Act,1973 would not be applied to unmarried couples. Which rule of statutory interpretation is represented by the Act?* 0/2 In pari material Golden rule Ejusdem Generis Expresson unius est exclusion alterius Correct answer Expresson unius est exclusion alterius 23.In context of the English legal system, which of the following courts only have one jurisdiction? * County court Crown court Magistrate court High court Score Criminal Jurisdiction 1/1 Civil Jurisdiction 0/1 Criminal Jurisdiction Civil Jurisdiction Correct answers County court Crown court Magistrate court High court Civil Jurisdiction Civil Jurisdiction 24.The decision of ‘Court of Appeal’ is binding on which of the following courts? i)The Magistrate court ii)The County court iii)The Court of Appeal iv)The High court * 2/2 Option 1 and 2 only Option 1,2 and 4 Option 1,2 and 3 All of above. Select Submit to End exam 2 of 12 points Sec B 1.Atlas Ltd has recently opened a paintball games centre in Kingsdale. Ella took a group of friends there on her birthday. They were given a safety demonstration on how to use the “guns” to shoot small plastic paint balls that explode on impact. They were warned not to shoot at close range as the paintballs could cause serious bruising. During the course of a game Ella was hit at close range in the face, breaking her nose, by one of his friends, Gina. This caused Ella to leap backwards into a fence. The fence had not been erected securely and she fell through it, breaking her arm. i)Which two of the following statement are untrue relating with defences to a claim in negligence? * 0/2 Consent is freely given in Volenti non-fit injuria. If act of 3rd party is foreseeable, the defendant does not remain liable and the chain of causation is broken. If a claimant is partially responsible for their own injuries than the defendant will still be liable as they share the responsibility for injuries along with the claimant. Volenti non-fit injuria results in partial defence until defendant proof that consent were given by the claimant. Correct answer If act of 3rd party is foreseeable, the defendant does not remain liable and the chain of causation is broken. Volenti non-fit injuria results in partial defence until defendant proof that consent were given by the claimant. ii)Which two of the following must a claimant not prove to be owed a duty of care in a negligence claim?* 0/2 The claimant loss is a result of defendant breaching his duty. The harm was an obvious consequence of the defendant's actions. There was sufficient proximity between the parties. The claimant even though mitigate his loss did suffer the harm. Correct answer The harm was an obvious consequence of the defendant's actions. The claimant even though mitigate his loss did suffer the harm. iii) Which of the following statements explains Atlas Ltd’s liability to Ella for breaking his arm?* 0/2 Atlas Ltd is not liable because the harm was not reasonably foreseeable Atlas Ltd is liable because the fence had not been erected securely Atlas Ltd is liable because Andrew suffered actual bodily harm Atlas Ltd has no liability because volenti non fit injuria is an absolute defence Correct answer Atlas Ltd is liable because the fence had not been erected securely 2.Andre entered into a contract with Bath Ltd to construct an outdoor swimming pool in his garden. The pool was to be 25 metres long by 10 metres wide by 2 metres deep, and was to be cleaned by a special non-chlorine based filter system. When the pool was finished and Andre tried it for the first time. He found that it was only 1·80 metres deep and kept clean with chlorine. As a result, Andre, who unknown to Bath Ltd was highly allergic to chlorine, suffered a severe reaction and had to take a week off his work and as a result lost a lucrative contract. i)Which is true in relation to reliance damages and damages in contract law? * 0/2 They both are damages provided under contract law in order to put claimant in the position they would have been if contract had been properly performed. They both can be received by claimant at the same time. Reliance damages is provided in places of damages for loss of bargain. The reliance damages compensate for expenses incurred in performing the part of the contract by the claimant before its breach. Correct answers Reliance damages is provided in places of damages for loss of bargain. The reliance damages compensate for expenses incurred in performing the part of the contract by the claimant before its breach. ii)Which of the following describes the measure of damages that Andre is entitled to claim in relation to the construction of the pool? * 0/2 The cost of reconstructing the pool to the original specification The cost of rectifying the depth of the pool to two metres The difference between the cost of the construction if it had been properly completed and the actual cost of completion The difference between the value of the pool if it had been properly completed and its actual value Correct answer The difference between the value of the pool if it had been properly completed and its actual value iii. Andre is the seller of a unique item and it was found that he is wrongly refusing to deliver it to the Mister Suzuki the buyer. Which of the following remedy is available to Mister Suzuki? * 2/2 Injunction Damages Specific performance Penalty to Andre La sakiyo,Sajilo lagyo ki lageyna ta? 0 of 0 points This content is neither created nor endorsed by Google. Report Abuse - Terms of Service - Privacy Policy