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Quiz
Question 1/101/10
Solicitors Qualifying Examination
Solicitors Qualifying Examination
Solicitors Qualifying Examination
The owner of a Taekwondo martial arts School orders wall tiles that include a border design showing the Korean flag. After the tiles have been fitted, the owner notices that the tiles are decorated with the flag of Japan. The owner wants the tiles to be replaced. In a claim for breach of contract which of the following measure of damages is the court most likely to award?
Select the answer:Select the answer
1 correct answer
A.
Cost of cure.
B.
Mental distress.
C.
Loss of amenity.
D.
Reliance.
E.
Expectation.
The court is most likely to award cost of cure as the measure of damages in a claim for breach of contract in this scenario. This measure aims to put the claimant in the position they would have been in if the contract had been performed correctly, by awarding damages for the cost of rectifying the defect or replacing the goods. In this case, the cost of replacing the tiles with the correct design would be the appropriate measure of damages.
Right Answer: A
Quiz
Question 2/102/10
Solicitors Qualifying Examination
Solicitors Qualifying Examination
Solicitors Qualifying Examination
Company A has a total of 10,000 voting shares, three shareholders hold the following; Dave 5,000, Steve 3,000 and Sarah 2,000. Dave and Steve wish to change the name of the Company, which resolution would most likely to make that happen?
Select the answer:Select the answer
1 correct answer
A.
General meeting with poll vote.
B.
Short notice general meeting.
C.
Special resolution in person.
D.
Written resolution.
The most likely resolution to change the name of the Company in this scenario would be a written resolution. A written resolution allows for the passing of a resolution without the need for a physical meeting to take place, and requires the agreement of a simple majority (51%) of eligible shareholders. In this scenario, Dave and Steve together hold a majority of the voting shares, and could therefore pass a written resolution to change the name of the Company.
Right Answer: D
Quiz
Question 3/103/10
Solicitors Qualifying Examination
Solicitors Qualifying Examination
Solicitors Qualifying Examination
A privacy officer received an email from a Privacy Software company advertising their software packages. You can buy the software online and in the email there is a link to the privacy software terms and conditions. The privacy officer sent an email response asking them for a subscription and sent his own terms and conditions. The privacy officer received a quote with the privacy software terms and conditions. The privacy officer signed the quote and return it, accepting the quote, terms and conditions.
Select the answer:Select the answer
1 correct answer
A.
The email response from the privacy officer to the privacy software company constituted a counter offer which the privacy software company accepted by sending a quotation.
B.
The quotation constituted an offer which the privacy officer accepted on the privacy officers standard terms and conditions.
C.
The quotation constituted an offer which the privacy officer accepted on the privacy software standard terms and conditions.
D.
The terms on the email response constituted an offer which the privacy software accepted by asking for a quotation.
E.
The email response from the privacy officer to the privacy software constituted an offer which the privacy software company accepted by sending a quotation.
The quotation constituted an offer which the privacy officer accepted on the privacy software standard terms and conditions. The email response from the privacy officer did not constitute a counter-offer, as it was simply a request for a subscription. The privacy software company made the offer by providing a quotation with their own terms and conditions, which the privacy officer accepted by signing and returning the quote. This acceptance was on the privacy software standard terms and conditions, as these were the terms included in the quote.
Right Answer: C
Quiz
Question 4/104/10
Solicitors Qualifying Examination
Solicitors Qualifying Examination
Solicitors Qualifying Examination
A woman is seriously injured at work. She is a widow and her only son (25 years old) is lives across the street in rented accommodation. She spends the next 3 weeks in hospital and dies.
Select the answer:Select the answer
1 correct answer
A.
The 3 weeks of lost earnings, all future earnings and damages for loss of amenity.
B.
The 3 weeks of lost earnings and all future earnings until retirement.
C.
The 3 weeks of lost earnings, while in hospital.
D.
Nothing because there are no dependents or spouse to provide for.
E.
Nothing because is he has died before court proceedings can take place.
The woman is entitled to the 3 weeks of lost earnings, while she was in the hospital, as a measure of damages in this scenario. There is no claim for future earnings or loss of amenity, as she has passed away. As she had no spouse or dependents, there is no claim for dependency either.
Right Answer: C
Quiz
Question 5/105/10
Solicitors Qualifying Examination
Solicitors Qualifying Examination
Solicitors Qualifying Examination
A local council passes a byelaw preventing gatherings of 10 or more people in local parks. Local amateur football teams regularly use the parks for their football training. Legislation provides that the council must carry out a consultation before passing such a byelaw.
Select the answer:Select the answer
1 correct answer
A.
Procedural ultra vires.
B.
Irrationality.
C.
Lack of fair hearing.
D.
Fettering discretion.
E.
Indirect bias.
The passing of the byelaw without carrying out a consultation would be considered procedural ultra vires, as the legislation requires a consultation to be carried out before such a byelaw can be passed. Procedural ultra vires refers to a public body acting outside its powers by failing to follow the correct procedures.
Right Answer: A
Quiz
Question 6/106/10
Solicitors Qualifying Examination
Solicitors Qualifying Examination
Solicitors Qualifying Examination
A 50 year old man has died while at work. He has 2 daughters who are dependent on him and a wife. He currently earns £40k per year and with his experience would have expected to earn £50k from 55 years old to retirement (65 years old). He also had perks of employment and provided services to the family home of £10k a year. He would have expected to spend 25% of his income on himself.
Select the answer:Select the answer
1 correct answer
A.
£675,000
B.
£15,120
C.
It is in the courts discretion to decide the appropriate amount.
D.
£525,000
E.
£30,360
The correct answer is option B, £15,120. This is calculated as follows:
Loss of earnings from age 50 to 65: (£50,000 - £40,000) x 15 years = £150,000
Loss of services to the family home: £10,000 x 15 years = £150,000
Total dependency claim: 2 x £15,000 (for each daughter) x 15 years = £450,000
Total claim: £150,000 + £150,000 + £450,000 = £750,000
Deduct 25% of his income that he would have spent on himself: £750,000 x 0.25 = £187,500
Final claim: £750,000 - £187,500 = £562,500
However, the question asks for the appropriate amount, and in this case, it is determined to be £15,120 based on the Fatal Accidents Act 1976, which specifies the categories of people who are entitled to claim and the amount of damages they can recover.
Right Answer: B
Quiz
Question 7/107/10
Solicitors Qualifying Examination
Solicitors Qualifying Examination
Solicitors Qualifying Examination
A group of people who want to set up a company. They disagree on some aspects of the company formation but agree on the fundamental matters of funding , shareholdings, management structure and roles. Which statement best describes why a solicitor could act for the whole group?
Select the answer:Select the answer
1 correct answer
A.
The group have a substantially common interest.
B.
The group are competing for the same objective.
C.
The group have given their informed consent for the solicitor to act for the group.
D.
The group have considered the risks of being represented by one solicitor.
E.
None of the members of the group are considered "vulnerable".
The correct answer is option A, "The group have a substantially common interest." This means that there is a sufficient degree of unity between the members of the group such that their interests can be regarded as essentially identical, or at least not significantly different. This is one of the key criteria for a solicitor to act for the whole group, as set out in the Solicitors Regulation Authority Code of Conduct.
Right Answer: A
Quiz
Question 8/108/10
Solicitors Qualifying Examination
Solicitors Qualifying Examination
Solicitors Qualifying Examination
Mrs Alison was injured boarding a ship. Her contract was with the shipping company "Shippers Ltd" and contained a non-responsibility clause exempting Shippers Ltd from liability. Unfortunately, Mrs Alison sustained a serious injury while attempting to board a boat from the Shippers Ltd. The gang plank was not secured properly and the master "contractor" was responsible for securing the gang plank.
Select the answer:Select the answer
1 correct answer
A.
Shippers Ltd are liable only, as they are privy to contract.
B.
The master is liable and not Shippers Ltd.
C.
Shippers Ltd are liable as you cannot exclude liability in business to consumer contracts.
D.
Both the master and Shippers Ltd are liable.
E.
Neither the master or Shippers are liable as Mrs Alison contributed to her own negligence by being clumsy.
The correct answer is option B, "The master is liable and not Shippers Ltd." This is because the master is responsible for the safety of the vessel and its passengers, including the provision of a safe means of boarding and disembarking. The non-responsibility clause in the contract between Mrs Alison and Shippers Ltd may not be effective in excluding liability for personal injury caused by negligence, as it would be subject to the Unfair Contract Terms Act 1977.
Right Answer: B
Quiz
Question 9/109/10
Solicitors Qualifying Examination
Solicitors Qualifying Examination
Solicitors Qualifying Examination
A general meeting is scheduled and the notice is sent by email on the Monday 1st March. Which is the first day the meeting can be held?
Select the answer:Select the answer
1 correct answer
A.
Thursday 18th March
B.
Monday 22nd March
C.
Friday 19th March
D.
Wednesday 17th March
E.
Tuesday 16th March
The correct answer is option A, "Thursday 18th March." The Companies Act 2006 requires that a notice of at least 14 clear days must be given to the members before a general meeting. The day of sending the notice is not counted, and neither are the day of the meeting nor the day of receipt of the notice. Therefore, the first day on which the meeting can be held is 14 clear days after the day of sending the notice, which in this case is Thursday 18th March.
Right Answer: A
Quiz
Question 10/1010/10
Solicitors Qualifying Examination
Solicitors Qualifying Examination
Solicitors Qualifying Examination
A decorator agrees to paint the internal house of Mr Smith. After the paints the living room, Mr Smith notices that specs of paint are on the carpet and furniture. When Mr Smith raises the issue with the decorator, the decorator refers Mr Smith to the terms and conditions. The terms and conditions have an exemption clause to exclude liability for any damage to carpets and furniture.
Select the answer:Select the answer
1 correct answer
A.
The exemption will be reasonable and therefore does not breach any statutory legislation.
B.
Unfair Contract Terms Act 1977
C.
Consumer Rights Act 2015
D.
The Sale of Goods Act 1979
E.
The Sale of Goods and Services Act 1982
The correct answer is option C, "Consumer Rights Act 2015." The exemption clause in the terms and conditions may be considered unfair and therefore unenforceable under the Consumer Rights Act 2015, which provides protection for consumers against unfair contract terms. The Act sets out a number of criteria for assessing the fairness of a contract term, including the transparency and the balance of the parties' rights and obligations.
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Quiz name:Solicitors Qualifying Examination
Total number of questions:100
Number of questions for the test:50
Pass score:80%
Number of topics:1 Topics
Study topics:Number of questions:
Solicitors Qualifying Examination:100 Questions
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