BPP University College Of Professional Studies Limited (BPP)
Civil Litigation - ALL MCQs in course - FREE Anki cards! This is a document in spreadsheet format which contains all of the MCQ questions ever answered in the civil litigation course. It is helpfully separated by SGS and is 56 pages long in total. As many of these questions have been reproduced in ...
BPP University College Of Professional Studies Limited (BPP)
BPP University College Of Professional Studies Limited
Civil Litigation
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Question Answer
From when does the limitation period start running in contract and tort claims?
Select one:
a. Both 6 years from breach
b. Contract is 6 years from breach and tort is 3 years from breach
c. Both are 6 years from date of actionable damage The correct answer is: Contract is 6 years from breach and tort is 6 years from
d. Contract is 6 years from breach and tort is 6 years from actionable damage actionable damage
How long is the limitation period for contract and tort claims?
Select one:
a. 3 years
b. 6 years
c. 12 years
d. 1 year The correct answer is: 6 years
The Overriding Objective concerns dealing with cases in ways which ensure that the importance of the parties is recognised.
Select one:
True
False The correct answer is 'False'.
The purpose of contractual damages is to put the claimant in the position they would have been had the contract been properly
performed.
Select one:
True
False The correct answer is 'True'.
What types of terms might you find in a contract?
[i] Express oral terms
[ii] Express written terms
[iii] Implied terms to provide goods with reasonable skill and care pursuant to the Supply of Goods and Services Act 1982, s.13
[iv] Implied terms to provide goods that are of satisfactory quality and fit for purpose pursuant to the Sale of Goods Act 1979, s.
14
Select one:
a. [i] and [ii]
b. [i], [ii], [iii] and [iv]
c. [i], [ii] and [iii]
d. [i], [ii] and [iv] The correct answer is: [i], [ii] and [iv]
,You act for RealTV Promotions Limited (“RealTV”), a company that promotes reality television shows. RealTV recently entered
into a contract with PhotoFantastic Limited (“PhotoFantastic”), whereby PhotoFantastic was to create a number of photographic
images to be used on billboards promoting RealTV’s latest television project. RealTV is suing PhotoFantastic for breach of
contract, claiming that the images produced are of low quality and do not capture the essence of the promotion campaign which
had been discussed when negotiating the contract. RealTV has asked you for advice on the likelihood of it recovering its legal
costs should it succeed in its claim against PhotoFantastic.
Which of the following statements is MOST LIKELY to be CORRECT?
Select one:
a. If RealTV is successful then it will recover all of the legal costs it has incurred.
b. If RealTV is successful then PhotoFantastic will recover all of the legal costs it has incurred.
c. If RealTV is successful in its claim against PhotoFantastic then it may recover some or all of the legal costs it has incurred. The correct answer is: If RealTV is successful in its claim against PhotoFantastic
d. If RealTV is successful then it will not recover any of the legal costs it has incurred. then it may recover some or all of the legal costs it has incurred.
You are a solicitor at Price Prior and you act for Cini Developments Ltd ("Cini Developments"). Cini Developments wishes to
commence proceedings against Smith Carlton Architects LLP ("Smith Carlton") for professional negligence and breach of
contract in relation to the construction of a large cinema complex in Brent Cross, London. The cinema roof has been found to be
structurally defective such that it leaks badly when it rains and as a result Cini Developments has had to close the cinema. It is
unclear on the facts whether the defects in the roof were caused by Smith Carlton or whether the building contractor or one of its
specialist sub-contractors are to blame. In which of the following divisions and courts would it be most appropriate for your client,
Cini Developments, to commence its claim?
Select one:
a. The Chancery Division of the High Court in the Companies Court.
b. The Queens Bench Division of the High Court in the Technology and Construction Court.
c. The Chancery Division of the High Court in the Patents Court The correct answer is: The Queens Bench Division of the High Court in the
d. The Queen Bench Division of the High Court in the Admiralty division. Technology and Construction Court.
You are acting for Brennan Consultants Limited (“Brennan”). It has entered into a contract with Codd Installations Limited
(“Codd”), a company which installs bespoke state of the art radiators into business premises. The contract provides for the
installation of Codd’s radiators in Brennan’s premises. The radiators are installed and do not work properly. They also cause
leaking. It is clear that the radiators were negligently installed. Brennan wishes to sue Codd for the losses which it has suffered
as a result.
Which of the following best describes the position?
Select one:
a. Brennan cannot sue Codd unless there is an express term in the contract in relation to negligence.
b. Brennan can sue Codd in contract only as whether or not there is an express term in the contract, it can sue Codd under the
implied term to act with reasonable skill and care under section 14(3) of the Sale of Goods Act 1979 (“s14(3) SOGA”).
c. Brennan can sue Codd in both contract (express or implied term under s14(3) SOGA) and tort under the common law duty at Answer – C as a result of the case of Henderson –v- Merrett. A is wrong as a
the same time. matter of law. B and D are wrong because of Henderson –v- Merrett. Of course
d. Brennan can sue Codd in either contract (express or implied term under s14(3) SOGA) or tort under the common law duty but the court would not order double recovery if the claimant succeeded in both
must choose which one it prefers. contract and tort claims.
You interview your client Harry Dodger who tells you that he owns a company, Dodger Ltd, which had secured a contract to
design and construct a playground for the local school. He entered into a contract with Mulch Ltd to provide different coloured
wood chip following a conversation with a representative from Mulch Ltd, Tom Falk on 23 December 2016. The contract stated
that Dodger Ltd would purchase 10 bulk bags of wood chip at £150 each. The contract was signed on 8 January 2017 by Mr
Dodger and it was a term of the contract that the wood chip would be delivered to Dodger Ltd’s yard in Dorchester on 2 March
2017. It was a further term of the contract that time was of the essence. You ascertain that the wood chip was delivered to your
client’s London premises 4 weeks after the contractual date of delivery. The knock on effect of this was that Dodger Ltd has lost
a contract with another school. During the case analysis, you must work out when the limitation period expires. On which of the
following dates does the limitation period expire?
Select one:
a. 8 January 2023
b. 2 March 2023
c. 2 March 2020 The correct answer is: 2 March 2023
d. 23 December 2022
,One of the most important Civil Procedure Rules ('CPR') is the ‘overriding objective’, found in CPR 1. CPR 1.1 states that the
overriding objective of the CPR is “to enable the court to deal with cases justly”. Which one of the following statements MOST
ACCURATELY describes when the overriding objective must be considered by the court?
Select one:
a. Only at the allocation stage of an action when considering the correct court to deal with the action.
b. Only at the directions stage of an action when setting the timetable for the proceedings up to the trial.
c. Only at the end of the trial, when making decisions on the costs of the proceedings. The court should consider the overriding objective at every stage of the civil
d. At every stage of the civil litigation process and when interpreting any rule or practice direction in the CPR. litigation process and when interpreting any rule or practice direction in the CPR.
The aim of contractual damages is to:
Select one:
a. Place the claimant in the position it would have been in if the contract had been properly performed
b. Compensate the claimant for all direct losses
c. Compensate the claimant for all lost profits that arise from the breach, with no duty to mitigate.
d. Place the claimant in the position it would have been in if the contract had not been entered into A
If a party fails to comply with a relevant pre-action protocol, the court will impose sanctions, irrespective of how signficant the
infringement is.
True or false? The court has a discretion whether to impose a sanction for failure to comply
with a pre-action protocol but it is unlikely to impose a sanction for a slight
Select one: breach.
True
False The correct answer is 'False'.
You act for Earles Pearls Limited ('Earles'), a jewellery company specialising in creating hand crafted bracelets. Earles is
currently involved in litigation with one of its main customers, Jennifer’s Jewels Limited ('Jennifer’s'), over a recent batch of
bracelets which Jennifer’s alleges is faulty. During the process of disclosure, your client confirms that it has provided you with all
of the documents in relation to this matter. You consequently serve the disclosure list. Just before trial, your client informs you
that it has just remembered another batch of documents that it kept in another office. You review the documents and they do fall
to be disclosed. Your client states that you must not mention this to the court or the other side as the trial date might be
jeopardised and it wants these proceedings to be over as soon as possible.
Due to the duty of confidentiality you owe to your client, you must abide by its instructions and not disclose the new documents
to the court. You are allowed to continue to represent your client in these circumstances as you were unaware of the new
documents until recently, and so did not knowingly serve an incomplete disclosure list. Is this true or false? Well done - you spotted that this was false. A solicitor must never mislead or
attempt to mislead the courts, either by his/her own acts or omissions or allowing
Select one: or being complicit in the acts or omissions of others (including the client) (CCS
True 1.4). You will be considering this professional conduct rule in the module.
False
, Question Answer
If a claim is worth £130,000 which court should you issue the claim in? The correct answer is that the claim could be issued in either the High Court or the
County Court. 7APD2.1 states that proceedings may not be started in the High Court
Select one or more: unless the value of the claim is more than £100,000.
a. The County Court. You have not been given the information you would require in order to determine
b. The High Court, Queen's Bench Division. whether the claim should be issued in the High Court or County Court and would
c. The High Court, Chancery Division. need more information about the claim in order to determine which would be the
d. Either the County Court or the High Court most appropriate court in accordance with the guidance contained in 7APD2.4.
You act for Matthews Anderson plc ("Matthews"), which has
commenced proceedings today (please assume that today is a
Monday) against Crighton Developments plc ("Crighton"). The claim
form was issued today. The claim form was then served on Crighton
by putting the claim form in the first class post today. The claim form
is accordingly deemed served on Crighton on this coming
Wednesday. The particulars of claim were not served with the claim
form. There is no Limitation Act problem.
What is the LATEST DATE by which Matthews can serve Crighton
with the particulars of claim?
Select one or more:
a. Within 2 days from Wednesday.
b. Within 7 days from Wednesday.
c. Within 14 days from Wednesday.
d. Within 28 days from Wednesday. The correct answer is: Within 14 days from Wednesday.
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