ACF270 Practice section A questions
商业法代写 What is the court of first instance in a civil matter?
a.Crown Court b.County Court c.High Court d.Court of Appeal
- What is the court of first instance in a civil matter?
d.Court of Appeal
In a legal case, what is the ratio decedendi? 商业法代写
a.A non-binding judicial declaration
b.A binding principle of law that is created through the judge’s reasoning, applying the law to the facts
c.The decision of the judge as to liability
A persuasive judicial declaration
- Which of the following is NOT an institution of the European Union:
a.The European Parliament
b.The European Council
d.The Regulations and Treaties Commission
- Which case established the modern law of negligence?
a.Caparo v Dickman
b.Donoghue v Stevenson
c.Carlill v Carbolic Smokeball Company
d.Anns v Merton Borough Council
What was important about the case of Hedley Byrne v Heller?
a.It established that if there was a special relationship between the parties there could be liability in tort for negligent statements which cause pure economic loss
b.It established that you can never recover damages in tort for pure economic loss
c.The House of Lords decided that the type of relationship was not relevant in such cases
d.The neighbour principle was not relevant in such cases
- In Caparo v Dickman, where the accounts were produced for the purpose of statutory compliance, what rule was established? 商业法代写
a.The purpose was irrelevant and if the accounts were incorrect there would always be liability
b.That the purpose, use and reliance on the accounts were the key factors when considering negligence in relation to misstatements
c.That there could be no liability for negligent account preparation as the flood gates would open
d.None of the above
- The legal concept of vicarious liability means that:
a.An employer cannot be liable for the tortious acts of his employees
b.An employer can be liable for the tortious acts of his employees
c.Liability is always strict
d.Liability is only established if the employee commits a criminal act
8.The aim of damages in tort is to:
a.Put the claimant in the position he should have been had the contract been performed
b.Punish the defendant for the commission of the tort
c.Put the claimant in the position he would have been had the tort not been committed
d.Make an award of damages to deter others from committing similar torts in similar situations
What is the definition of the doctrine of privity? 商业法代写
a.Care must be taken when drafting a contract
b.Contracts are enforceable only if made in private
c.Third parties can always sue on a contract
d.Only the parties to the contract can sue on the contract
- What is executed consideration?
a.Consideration that has already been provided
b.Consideration that is yet to be provided
c.Consideration that has been provided prior to the promise
d.Consideration can only be executory
- Which case says that goods in shop windows are usually invitations to treat?
a.Carlill v Carbolic Smoke Ball
b.Felthouse v Bindley
c.Partridge v Crittenden
d.Fisher v Bell
In contract law, which of the following statements is FALSE? 商业法代写
a.Acceptance must be a mirror image of the offer
b.Acceptance must be unconditional
c.Acceptance by post occurs on posting
d.Acceptance must be subject to contract
- In contract law, in order to determine if the parties had the intention to create a legally binding contract, the court makes:
a.A legal decision
b.A reasoned opinion
c.A rebuttable presumption
d.A reasonable assumption
- If the contract is repudiated, what happens?
a.The parties agree to vary the terms of the contract
b.The contract still stands
c.The injured party is free from any further obligation or liability under the contract
d.The injured party is only entitled to damages
- What are the terms that are fundamental to the agreement and go to the heart of the contract? 商业法代写
What happens to the Unfair Contract Terms Act 1977 after the implementation of the Consumer Rights Act 2015?
a.It is totally repealed
b.It is still applicable in business-to-business situations
c.It is still applicable in business-to-consumer contracts
d.It is still in force in all situations
- The Consumer Rights Act 2015 introduces for the first time consumer protection in respect of:
c.Faulty and defective goods
- What did the case of Olley v Marlborough show?
a.For an exclusion clause to be effective it has to be brought to the parties attention at the time or before contracting
b.Exclusion clauses are acceptable if the parties are on equal terms
c.Parties are free to exclude or limit liability in all situations
d.Exclusion clauses are never enforceable
- Which of the following cases is authority for the principle of contact law which holds that damages must not be too remote?
a.Jarvis v Swan Tours
b.Hadley v Baxendale
c.Lumley v Wagner
d.Adams v Lindsell
When making an award of damages the judge is limited by three factors, and these are: 商业法代写
a.Causation, remoteness and mitigation
b.Causation, liability and compensation
c.Expectation and reliance
d.Presumption and rebuttal
- In an agency relationship, which of the following is NOT a duty of the agent?
a.The duty to perform personally
b.The duty to obey instructions
c.The duty to exercise care and skill
d.The duty to pay expenses
22.Which of the following is one of the elements required before a claim for negligence can succeed?
a. A duty not to be reckless.
b.A duty to be proactive.
c.A duty of care.
d.A duty to assist.
- Which of the following is most accurate?
a.In negligence the claimant must show that the defendant caused the loss.
b.In negligence the claimant must show that she did not cause the loss.
c.In negligence the defendant must show that she did not cause the
d.In negligence the defendant must show that she did cause the loss.
24.Consider the following statements: 商业法代写
(i) Liability in contract is generally strict, whereas liability in negligence is generally fault based;
(ii) A defendant will breach their duty of care where they fall below the stand which a reasonable person would take in all the circumstances;
(iii) If the claimant’s injuries are caused whilst the defendant is trying to achieve something which society as a whole will benefit then it is less likely that a breach of a duty of care will be found;
(iv) if it can be established that the Claimant would have suffered the same damage and losses he is claiming even if the defendant had not breached a duty of care, then generally the defendant will not be held liable for the claimant’s loss;
(v) In general, neither reflex actions nor reasonable attempts to mitigate loss will break the chain of causation.
Which of the above statements are true?
a.All of the statements.
b.(i), (iii) and (iv) only.
c.(i), (ii) and (v) only.
d.(ii), (iv) and (v) only.
- Which ONEof the following factors is NOTtaken into account when deciding whether or not a defendant has breached a duty of care?
a.The usefulness of the act or omission complained of.
b.The likelihood that the act or omission would cause harm.
c.The potential seriousness of any harm which is likely to be caused by the act or omission.
d.The length of time for which the defendant has been committing the act or omission complained of.
Which of the following is not taken into account when considering the issue of proximity?
a.When the claimant has failed to communicate the problem with the product effectively to the defendant
b.When too much time has elapsed since the product left the defendant
c.When the claimant has failed to take reasonable precautions prior to or when using the product.
d.When the goods are no longer under the defendant’s control
- Which of the following best describes a secondary victim: 商业法代写
a.A witness to the accident.
b.A relative to the defendant.
c.A relative to the Claimant.
d.A victim who received mental injury, but no physical injury.
28.In the context of claims for psychiatric illness, which of the following statement is NOT true?
a.Damages are recoverable in tort for nervous shock caused by property damage.
b.Damages are only recoverable where a claimant can prove an identifiable psychiatric illness.
c.Damages are recoverable in tort for distress.
d.Damages can be recovered for injuries sustained due to witnessing the aftermath of an incident.
29. The ‘but for’ test is used to establish:
a.Causation in fact.
b.Causation in law.
c.A duty of care.
d.Breach of a duty of care.
Which of these is only a partial defence to negligence and NOT a complete defence? 商业法代写
a.novus actus interveniens.
b.Volenti Non Fit Injura.
c.Ex turpi causa.
- Billy, a scout leader, takes a group from his scout group to a concert as part of his duties. Whilst driving the minibus to the concert Billy fails to notice some roadworks, and crashes the vehicle through protective barriers and into a hole in the road which was being prepared for repair. All of his passengers suffer injuries as a result of the crash. Assuming that Billy is a full time employee of the local Council in this role, which of the following statements is true
a.Billy will have committed the tort of negligence but the Council will not be vicariously liable.
b.Billy will have committed the tort of public nuisance but the Council will not be vicariously liable.
c.Billy will have committed the tort of negligence and the Council will be vicariously liable.
d.Billy will have committed the tort of public nuisance and the Council will be vicariously liable.
Which of the following propositions is true:
a.It is an implied term in all sales contracts that goods should correspond with any description attached to them by the seller.
b.It is an implied term in all sales contracts that the goods sold should be of satisfactory quality.
c.It is an implied term in all sales contracts that the seller has good title to the goods
d.None of the above.
33.Which of the following statements best reflects the effect of section 18 rule 5 of the Sale of Goods Act 1979 (in each case assuming the parties have not agreed something else between them):
a.Property in specific goods passes at the time the contract is made. 商业法代写
b.Property in goods which have to be weighed or measured for the purposes of the contract passes when this has been done and the seller has notified the buyer of this fact.
c.Property in goods which have to be adapted in some way passes when this has been done and the seller has notified the buyer of this fact.
d.Property in future goods passes when the seller has unconditionally appropriated the goods to the contract.
- Which of the following is NOTa ‘sale’ within the meaning of the Sale of Goods Act 1979?
a.S transfers the title in goods to B in exchange for £5000.
b.S transfers the title in goods to B in exchange for £2500 and B’s car.
c.S transfers the title in goods to B in exchange for B’s car.
d.S transfers the title in goods to B in exchange for 1 penny and 5000 chocolate wrappers.
Which of the following most accurately explains the rule relating to fitness of goods for specific purposes under s.14(2) Sale of Goods Act 1979?
a.There is an implied warranty that goods are reasonably fit for all purposes for which such goods are ordinarily sold.
b.There is an implied condition that goods are reasonably fit for any one purpose for which such goods are ordinarily bought.
c.There is an implied condition that goods are reasonably fit for all purposes for which such goods are ordinarily bought.
d.There is an implied warranty that goods are reasonably fit for a purpose specified by the buyer, when the buyer reasonably relies on the knowledge and skill of the seller. 商业法代写
- Under s.18 Sale of Goods Act 1979, when does property pass (in the absence of express agreement) in a sale of specific goods?
a.At the agreed date of delivery to the buyer’s premises.
b.When the goods are actually delivered to the buyer’s premises.
c.At the time the contract of sale is made.
d.When the buyer notifies the seller that the goods are accepted.
- Which of the following cases established an authority for the principle of law that says acceptance of an offer must be communicated and that silence will not be enough:
a.Felthouse v Bindley
b.Fisher v Bell
d.Payne v Cave
In terms of revocation of an offer, which of the following statements is TRUE: 商业法代写
a.an offer can be revoked at any time by any party
b.an offer can be revoked at any time by the offeror
c.an offer can be revoked at any time before acceptance
d.an offer can never be revoked
- In terms of an offer, which of the following cases is authority for the principle of law that holds that advertisements are usually considered invitations to treat:
a.Partridge v Crittenden
b.Thornton v Shoe Lane Parking
c.Taylor v Laird
d.Balfour v Balfour
- Which of the following statements is TRUEregarding consideration:
a.consideration must be adequate
b.consideration must be executory
c.consideration can be past
d.consideration need not be adequate but must be sufficient
In contract law, in order to determine whether or not there is an intention between the parties to create legal relations, the court will make a:
b.a reasoned opinion
c.a rebuttable presumption
d.a reasonable assumption
- In relation to exclusion clauses, which case is authority for the principle of law which states that an exclusion clause will only be incorporated into the contract if it was brought to the party’s attention at the time or before the contract was entered into: 商业法代写
a.Brace v Calder
b.Spurling Ltd v Bradshaw
c.Olley v Marlborough Court Ltd
d.Malik v BCCI
- Which of the following cases is an authority for the principle of law which holds that damages must not be too remote:
a.Lumley v Wagner
b.Hadley v Baxendale
c.Jarvis v Swan Tours Ltd
d.Household Fire Insurance v Grant
- Breach of which express term will allow you to repudiate the contract?
45.A local fashion magazine advertises 100 pairs of designer shoes, size 5 and only £25 each. In law, the advert will be treated as: 商业法代写
a.A statement of intention
b.A supply of information
c.An invitation to treat
- Which of the following is a ‘sale of goods’ within the meaning of the Sale of Goods Act 1979?
a.S transfers 1000 shares in Acme plc to B for £5000
b.S transfers a car to B in exchange for £2500 and B’s car
c.S transfers a car to B in exchange for B’s car
d.S transfers a gold sovereign to B in exchange for £200 and 50 chocolate wrappers
- Which of the following means ‘something said in passing, by the way’?
b.Ex post facto
In relation to the law of contract if there is breach of a warranty, which ONE of the following is likely to be the remedy given?
b.Damages and repudiation
- Which of the following does the claimant NOThave to prove in order to establish negligence: 商业法代写
a.The defendant owed him a duty of care
b.The defendant breached that duty
c.The liability was strict
d.The claimant suffered injury or loss as a result
- In what case was it held that there was no remedy for negligence because the loss would have occurred without it?
a.Bolam v Friern Hospital Management Committee
b.Barnett v Chelsea and Kensington Hospital Management Committee
c.‘The Wagon Mound’
d.Overseas Tankships v Morts Dock & Engineering Co