SQE1 FLK1 Practice Paper 6

A claimant issues proceedings in the High Court for breach of contract. The defendant fails to file an acknowledgment of service or a defence within the prescribed time limits. What is the claimant's next step? A) Apply to the court for summary judgment under CPR Part 24 B) Request default judgment under CPR Part 12 C) Issue a witness summons compelling the defendant to attend court D) Apply for an unless order requiring the defendant to file a defence

A seller of goods includes a term in the contract excluding liability for defective products. The buyer is a consumer. Which of the following statements is correct? A) The exclusion clause is valid if it is brought to the consumer's attention before the contract is formed B) The exclusion clause is automatically void under the Consumer Rights Act 2015 C) The exclusion clause is subject to a reasonableness test under the Unfair Contract Terms Act 1977 D) The exclusion clause is enforceable provided it is in writing and signed by both parties

A pedestrian is injured when they trip over a broken paving stone on a public highway maintained by the local authority. The local authority was aware of the defect but had not repaired it due to budget constraints. Which tort is most relevant? A) Private nuisance B) Public nuisance C) Breach of statutory duty D) Negligence

Which court hears appeals from the Crown Court on points of law following a trial on indictment? A) The High Court (Queen's Bench Division) B) The Court of Appeal (Criminal Division) C) The Supreme Court D) The Divisional Court

A government minister makes a decision to close a local hospital without consulting affected residents, despite a statutory requirement to consult. A resident seeks judicial review. On what ground is the challenge most likely to succeed? A) Illegality B) Irrationality C) Procedural impropriety D) Proportionality

A private limited company wishes to change its name. What resolution is required and where must it be registered? A) Ordinary resolution; registered with the Registrar of Companies B) Special resolution; registered with the Registrar of Companies C) Special resolution; registered with the Secretary of State D) Ordinary resolution; no registration required

In a civil claim, the claimant's solicitor sends a letter of claim to the defendant. Under the Pre-Action Protocol for Debt Claims, how long does the defendant have to respond? A) 14 days B) 21 days C) 30 days D) 28 days

A buyer purchases a second-hand car from a private seller. The car breaks down after one week due to a faulty engine. The buyer wishes to claim against the seller. Which of the following best describes the buyer's legal position? A) The buyer can claim under the Consumer Rights Act 2015 as the car was not of satisfactory quality B) The buyer can claim under the Sale of Goods Act 1979 implied term of satisfactory quality C) The buyer has no statutory implied term of satisfactory quality because the seller is not acting in the course of a business D) The buyer can claim under the Supply of Goods and Services Act 1982

An employer fails to provide a safe system of work. An employee is injured but was not wearing the safety goggles provided. The court finds the employer 70% liable and the employee 30% liable. What legal principle has been applied? A) Volenti non fit injuria B) Contributory negligence C) Novus actus interveniens D) Ex turpi causa non oritur actio

Under EU retained law, which principle establishes that EU law takes precedence over conflicting national law of Member States? A) The principle of direct effect B) The principle of subsidiarity C) The principle of supremacy D) The principle of proportionality

A sole trader decides to incorporate their business as a private limited company. Which of the following is a key consequence of incorporation? A) The sole trader retains unlimited personal liability for all business debts B) The company gains a separate legal personality distinct from its shareholders C) The sole trader must appoint a minimum of two directors D) The company's profits are no longer subject to any form of taxation

A claimant in a personal injury claim wishes to instruct an expert witness. Under the CPR, which of the following best describes the duty of an expert witness? A) The expert's duty is to the party who instructs them B) The expert's overriding duty is to the court C) The expert must advocate for the strongest possible case for their instructing party D) The expert's duty is determined by the terms of their retainer agreement

A contract contains a clause stating that one party must give written notice of any breach within 14 days. The innocent party discovers a breach but gives oral notice on day 10 and written notice on day 20. Is the notice valid? A) Yes, because the oral notice was given within the 14-day period B) Yes, because substantial compliance with the notice clause is sufficient C) No, because the written notice was given outside the 14-day period D) No, because notice clauses in contracts are unenforceable

A public authority makes a decision that interferes with a person's right to respect for private life under Article 8 ECHR. The person challenges the decision. Under Article 8(2), what must the public authority demonstrate to justify the interference? A) That the interference was in accordance with the law and necessary in a democratic society B) That the interference was reasonable in all the circumstances C) That the interference was approved by Parliament D) That the person consented to the interference