SQE1 FLK1 Practice Paper 1

Sarah enters into a contract with Tom for the sale of her car for £5,000. Tom later discovers that Sarah had previously agreed to sell the same car to James. Tom wants to know if he can enforce the contract. Which of the following best describes the legal position? A) The contract between Sarah and Tom is void because Sarah had already contracted with James B) The contract between Sarah and Tom is voidable at Tom's option because of Sarah's misrepresentation C) The contract between Sarah and Tom is valid and enforceable, but Tom may have a remedy in damages if Sarah cannot deliver D) The contract between Sarah and Tom is unenforceable because it lacks consideration

A solicitor is advising a client who wishes to bring a claim for £8,000 against a supplier for defective goods. The client wants to know which court the claim should be issued in and what track it is likely to be allocated to. What is the correct advice? A) The claim must be issued in the High Court and allocated to the multi-track B) The claim should be issued in the County Court and is likely to be allocated to the fast track C) The claim should be issued in the County Court and is likely to be allocated to the small claims track D) The claim can be issued in either the High Court or County Court and will be allocated to the intermediate track

David, a pedestrian, is injured when he trips over a broken paving stone on the public highway outside his house. He wants to claim compensation from the local authority. Which of the following best states the legal position regarding the local authority's liability? A) The local authority is strictly liable for injuries caused by defective highways B) The local authority will be liable in negligence unless it can establish a defence under section 58 of the Highways Act 1980 C) The local authority has no liability because highway maintenance is a discretionary function D) The local authority is only liable if David can prove it had actual knowledge of the defect

A company incorporated in England wishes to change its articles of association. Which of the following correctly states the requirement for passing such a resolution? A) An ordinary resolution passed by a simple majority of shareholders present and voting B) A special resolution passed by a majority of not less than 75% of shareholders present and voting C) A written resolution signed by all shareholders D) A board resolution passed by a majority of directors

Under the Human Rights Act 1998, which of the following statements is correct regarding the obligation of public authorities? A) Public authorities must comply with all provisions of the European Convention on Human Rights regardless of domestic legislation B) It is unlawful for a public authority to act in a way which is incompatible with a Convention right, unless required to do so by primary legislation C) Public authorities are only bound by Convention rights if they choose to adopt them D) The Human Rights Act 1998 only applies to central government departments, not local authorities

A claimant issues a Part 7 claim in the County Court. The defendant fails to file an acknowledgment of service or a defence within the prescribed time limits. What is the claimant's next step to obtain judgment? A) The claimant must apply to the court for a hearing to prove the claim B) The claimant can request default judgment under CPR Part 12 C) The claimant must wait a further 14 days before taking any action D) The claim is automatically struck out if the defendant does not respond

Maria agrees to sell her antique vase to Paul for £2,000. Before delivery, the vase is accidentally destroyed by a fire at Maria's house. Neither party is at fault. Which of the following best describes the legal position? A) The contract is frustrated and both parties are discharged from further performance B) Maria must source a replacement vase or pay damages to Paul C) Paul must still pay the £2,000 even though the vase is destroyed D) The contract is void ab initio because the subject matter no longer exists

A director of a private limited company enters into a substantial property transaction with the company, buying company premises valued at £150,000 for £80,000. The transaction was not approved by the shareholders. Which of the following is correct? A) The transaction is automatically void B) The transaction is voidable at the instance of the company unless shareholder approval is obtained within a reasonable time C) The transaction is valid because directors have authority to manage company property D) The transaction is only voidable if the director acted in bad faith

Which of the following correctly describes the doctrine of supremacy of EU law as it applies in the UK after Brexit? A) EU law continues to have supremacy over all UK domestic law B) Retained EU law has supremacy over pre-Brexit UK legislation but not over post-Brexit legislation C) EU law has no relevance whatsoever in UK law following Brexit D) EU law supremacy continues to apply in full until 2030 under the transition agreement

A claimant has been awarded damages of £50,000 by the County Court. The defendant refuses to pay. Which of the following enforcement methods would be most appropriate if the claimant believes the defendant has sufficient funds in a bank account? A) Charging order B) Third party debt order C) Attachment of earnings order D) Writ of control

Helen slips on a wet floor in a supermarket. There were no warning signs displayed. She fractures her wrist. Which of the following must Helen establish to succeed in a negligence claim against the supermarket? A) That the supermarket intended to cause her harm B) That the supermarket owed her a duty of care, breached that duty, and the breach caused her foreseeable injury C) That the supermarket was strictly liable as an occupier of premises D) That the supermarket had been previously warned about the wet floor by another customer

In judicial review proceedings, which of the following is NOT a recognised ground for challenging a decision of a public body? A) Illegality B) Irrationality C) Procedural impropriety D) The decision was commercially disadvantageous to the claimant

A business sells goods to a consumer. The goods are found to be of unsatisfactory quality within 20 days of delivery. Under the Consumer Rights Act 2015, what is the consumer's primary remedy? A) The consumer can only claim a partial refund B) The consumer has a short-term right to reject the goods and obtain a full refund C) The consumer must first request a repair before seeking any other remedy D) The consumer can claim damages but cannot reject the goods

A partnership of three solicitors is being sued for professional negligence by a former client. The client obtained a judgment for £90,000. Which of the following correctly describes the liability of the partners? A) Each partner is liable for exactly one-third (£30,000) B) Each partner is jointly liable for the full amount of £90,000 C) Only the partner who acted for the client is liable D) The partnership is liable but individual partners are protected by limited liability

Under the Civil Procedure Rules, which of the following correctly describes the standard of proof in civil proceedings? A) Beyond reasonable doubt B) On the balance of probabilities C) Beyond a shadow of doubt D) To a high degree of probability