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FLK1 EXAM QUESTIONS AND ACCURATE ANSWERS 100% VERIFIED
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FLK1 EXAM QUESTIONS AND ACCURATE ANSWERS100% VERIFIED
What is the (i) criminal and (ii) civil standard of proof? - ANSWER (i) beyond reasonable
doubt; (ii) on the balance of probabilities
Where is an appeal against a deputy district judge/district judge heard and who hears
it? - ANSWER The circuit judge in the County Court
Where can solicitors advocate (w/o higher rights of audience)? (4) - ANSWER County
Court, Mags, Tribunals and Appeals Tribunals
What are the five elements of actionable misrepresentation? - ANS (1) unambiguous (2)
false (3) statement of fact (4) addressed to C (5) which induces C to enter the contract
Does misrepresentation render a contract void or voidable? What are the main
remedies (2)? - ANS Voidable; rescission or damages
When will inducement be presumed in misrepresentation actions? - ANS When the
statement was material to the contract
When can a statement of opinion be considered to be a statement of fact? (2) - ANSWER
When the representor has superior knowledge or experience and the opinion is not
based on reasonable grounds-as it is implied the opinion is based on fact; when the
opinion is not actually held by the representor
When is a representation fraudulent? - ANSWER When made knowingly, recklessly or
without belief in its truth (if fraud is proved, motive of the representor is immaterial)
,Why is negligent misrepresentation easier to claim than fraudulent misrepresentation? -
ANSWER normal burden of proof reversed: D must prove he had reasonable grounds to
believe the statement and did actually believe the statement
Give 4 bars to recission - ANSWER (1) C affirmed the contract; (2) lapse of time; (3)
restitution is impossible; (4) TP rights have accrued
For what forms of misrepresentation are damages in lieu of recession available, as
distinct from damages under s2(2)? - ANSWER innocent and negligent
For what forms of misrepresentation are s2(2) damages (compensatory, not in lieu of
recission, may be additional to recission) available? - ANSWER Fraudulent and negligent
How could parties attempt to exclude or limit liability for misrepresentation? - ANSWER
A non-reliance clause (subject to reasonableness test, cannot restrict fraudulent
misrep)
When can damages for mental distress exceptionally be awarded in contract? - ANS
where the main or major object of the contract was to provide pleasure, relaxation or
peace of mind
When are damages for loss of chance recoverable in contract? - ANS if the lost chance
is quantifiable in monetary terms and there was a real and substantial chance that that
the chance would've come to fruition
Give three types of loss which are generally not recoverable in the law of contract? -
ANSWER (1) mental distress; (2) loss of reputation; (3) damages on behalf of another
When will an intervening act not break the chain of causation in contract? - ANSWER
When it was likely to happen
What are the two limbs of the Hadley v Baxendale test for remoteness in contract? -
ANSWER (1) the loss must be of a type ordinarily and naturally arising from the breach
, (objective); or (2) the loss was reasonably have been in the contemplation of the parties
at the time of making the contract as the probable result of a breach (subjective)
To what type of claim does the duty to mitigate not apply? - ANSWER Claims for payment
of a debt (inc claims for liquidated damages)
If A owes B an obligation and C provides (i) an indemnity; (ii) a guarantee, what happens
if A's obligation ceases? - ANSWER (i) C's obligation remains; (ii) C's obligation ceases
When does an invitation to treat e.g. advert) amount to a unilateral offer? (2) - ANSWER
When there is (1) an apparent intention to be bound and; (2) a specified act
When does an invitation to tender amount to a unilateral offer? - ANSWER When it
expressly encloses an undertaking to accept the highest/lowest bid
When does a contract arise in an auction (i) with reserve; (ii) without? - ANS (i) offer is
the bid, acceptance is the hammer falling; (ii) two separate contracts, including a
unilateral contract to accept the highest bid
What are the three ways in which an offer can be terminated? - ANS Rejection,
revocation, lapse
When does the postal rule not apply? -(4) - ANSWER (1) when acceptance by post isnt
contemplated -e.g offer requires prompt acceptance; (2) when the acceptance is
incorrectly applied; (3) when the offeror has disapplied the rule; (4) to revocations of an
offer
When does acceptance occur for instantaneous communication? - ANSWER When
received -deemed instant in working hours, or at start of business otherwise
What are the four elements of promissory estoppel? - ANSWER (1) shield not a sword
(can only be used as a defence to, and not a cause of, action); (2) a clear unequivocal
promise that strict legal rights will not be fully enforced; (3) a change of position in
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