SQE1 FLK1 Practice Paper 8

A shareholder holding 15% of the voting shares in a private company believes the company's affairs are being conducted in a manner that is unfairly prejudicial to their interests. Which statutory remedy is most appropriate? A) A derivative claim under Part 11 of the Companies Act 2006 B) A petition for unfair prejudice under s 994 of the Companies Act 2006 C) A petition to wind up the company on just and equitable grounds D) An application to the court for a declaration that the company's actions are ultra vires

In a civil claim, a party applies for an interim injunction to prevent the other party from selling a property pending trial. Which test will the court apply? A) The balance of probabilities test B) The American Cyanamid guidelines C) The beyond reasonable doubt test D) The Bolam test

A party to a contract was induced to enter into it by a misrepresentation that was made negligently. The representee wishes to claim damages. Under which statutory provision can the representee claim? A) Sale of Goods Act 1979 s 14 B) Misrepresentation Act 1967 s 2(1) C) Consumer Rights Act 2015 s 9 D) Unfair Contract Terms Act 1977 s 3

A landowner lights a bonfire on their land. Smoke drifts onto neighbouring land, damaging the neighbour's washing and making it unpleasant to use their garden for several hours. Which tort has been committed? A) Trespass to land B) Private nuisance C) Public nuisance D) The rule in Rylands v Fletcher

A magistrates' court imposes a sentence of 8 months' imprisonment on a defendant for a summary offence. The defendant wishes to appeal the sentence. What is the correct appeal route? A) Appeal to the Crown Court for a complete rehearing B) Appeal by way of case stated to the High Court (Divisional Court) C) Appeal directly to the Court of Appeal (Criminal Division) D) Appeal to a Circuit Judge sitting in the Crown Court on a point of law only

Under the Human Rights Act 1998, what must a court do if it finds that primary legislation is incompatible with a Convention right? A) Strike down the legislation as unconstitutional B) Disapply the legislation in the case before it C) Make a declaration of incompatibility under s 4 HRA 1998 D) Refer the matter to the European Court of Human Rights

A limited liability partnership (LLP) is formed by two partners. Which of the following statements about an LLP is correct? A) An LLP has no separate legal personality from its members B) Members of an LLP have unlimited liability for the LLP's debts C) An LLP must be incorporated by registration with the Registrar of Companies D) An LLP cannot enter into contracts in its own name

A claimant obtains judgment in their favour but the defendant refuses to pay. The judgment debt is £15,000. Which enforcement method allows the claimant to require the defendant's employer to deduct money from the defendant's earnings? A) A third party debt order B) An attachment of earnings order C) A charging order D) A writ of control

A seller delivers goods that do not conform to the contract description. The buyer is a business. Under the Sale of Goods Act 1979, what is the buyer's primary remedy? A) The right to request a repair or replacement B) The right to reject the goods and treat the contract as repudiated C) The right to a price reduction only D) The right to claim damages only, with no right to reject

A claimant suffers psychiatric injury after witnessing a serious accident caused by the defendant's negligence. The claimant was not physically involved in the accident but saw it from a distance. To succeed as a secondary victim, what must the claimant establish? A) That they suffered physical injury as well as psychiatric injury B) That they have a close tie of love and affection with the primary victim, proximity in time and space, and perceived the event with their own unaided senses C) That the defendant owed them a direct duty of care as a foreseeable claimant D) That they were present at the scene within 24 hours of the accident

Which of the following statements about the royal prerogative is correct? A) The royal prerogative cannot be reviewed by the courts B) The royal prerogative includes the power to make treaties, grant honours, and deploy the armed forces C) The royal prerogative can only be exercised personally by the monarch D) The royal prerogative takes precedence over Acts of Parliament

A company director takes a corporate opportunity that the company would have been interested in pursuing. The director makes a personal profit. Which directors' duty has been breached? A) Duty to act within powers (s 171) B) Duty to promote the success of the company (s 172) C) Duty to avoid conflicts of interest (s 175) D) Duty to exercise reasonable care, skill and diligence (s 174)

Under EU retained law, which institution was primarily responsible for initiating EU legislation? A) The European Parliament B) The Council of the European Union C) The European Commission D) The European Council

An employee is summarily dismissed without notice after being accused of theft. The employer later discovers that the employee was innocent. The employee brings a claim for wrongful dismissal. What is the key issue the court will consider? A) Whether the employer acted reasonably in dismissing the employee B) Whether the employer had reasonable grounds to believe the employee committed theft at the time of dismissal C) Whether the employee was actually guilty of theft D) Whether the employer followed the ACAS Code of Practice on Disciplinary Procedures

A party to a contract discovers that the other party made a unilateral mistake about the terms of the contract. The non-mistaken party was aware of the mistake at the time of contracting but said nothing. What is the effect on the contract? A) The contract is void for common mistake B) The contract is void because the non-mistaken party knew of the mistake C) The contract is voidable at the option of the mistaken party D) The contract is valid and enforceable because each party is responsible for their own understanding