SQE1 FLK1 Q&A w/ DETAILED EXPLANATIONS (updated Feb 2023)
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SQE1
Institution
SQE1
Solicitors Qualifying Exam: Attempting the mocks provided by the SRA and confused as to how they arrived at their answer?
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Q&A in an organised and easy to read format;
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extra definitions and notes ...
SQE1 Mock FLK1 (Q1-45)
Business Law and Practice; Dispute Resolution; Contract; Tort; Legal System of England and
Wales; Constitutional and Administrative Law and EU Law and Legal Services
1 The owner of a Greek restaurant A. Expectation.
orders wall tiles that include a i.e. innocent party’s loss of a bargain, such as the
border design showing the Greek profits they would have expected to receive had the
flag. After the tiles have been contract been performed. Expectation damages
fitted, the owner notices that the compensate the innocent party by putting them in
tiles are decorated with the flag of the same position as if the contract had been
Uruguay. The owner wants the tiles performed.
to be replaced.
B. Reliance.
In a claim for breach of contract i.e. wasted expenditure incurred by the claimant in
which of the following measure of reliance of the contract being performed. Reliance
damages is the court most likely to damages put claimant in position as if contract had
award? never been made. More suitable for cases where
cannot calculate amount of profits if contract had
been performed.
C. Cost of cure.
i.e. cost of repair. Compensating the innocent party
for the cost of putting right a breach which usually
takes the form of a defective or incomplete
performance.
D. Loss of amenity.
i.e. disappointment damages. As a general rule, a
claimant cannot recover damages for injured feelings
for breach of contract. However, where the object of
the contract is to award pleasure, relaxation, peace
of mind or freedom from molestations, such
damages are recoverable.
E. Mental distress.
Can be entitled to damages if pleasure or relief from
mental distress is an important objective of the
contract (Farley v Skinner)
2 In March 2021, a claimant brought A. The court can order a new party to be
a claim against his plumber for a substituted because the relevant limitation
breach of contract alleged to have period was current when the claimant
taken place in June 2015. The applied for the substitution.
plumber operated as a sole trader. B. The court cannot order a new party to be
In August 2021, the plumber died. substituted because the relevant limitation
The plumber’s assets are being period has expired.
dealt with by her personal C. The court can order a new party to be
representatives. In October 2021, substituted because the relevant limitation
the claimant applied to substitute
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, the plumber’s personal period was current when the proceedings
representatives for the deceased were started.
plumber in the claim, so that the D. The court can order a new party to be
claim could continue. substituted because the relevant limitation
What powers does the court have period was current when the plumber died.
to make a substitution for the E. The court cannot order a new party to be
plumber as a deceased party in the substituted because liability remains with the
claim? plumber’s business.
- Limitation Act 1980: Limitation period for claims
in contract is 6 years from the date of breach of
contract.
- Civil Procedure Rules 19.5 outlines rules where
the court may exercise discretion to permit
substitution after the expiry of the limitation
period.
- CPR 19.5(2)(a): the court may add/substitute a
party only if the relevant limitation period was
current when the proceedings were started.
- CPR 19.5(3)(c): the court must be satisfied that
the original party has died.
The limitation period expires in June 2021, six years
from breach of contract in June 2015. The court may
substitute a party as the relevant limitation period
had not expired when the proceedings were started
in March 2021.
3 A man is given a bicycle as a gift. A. There is a contract because there is executed
He later agrees to sell the bicycle consideration.
for £25 to a woman but no B. There is a contract because sufficient
payment has yet been made. He consideration has been promised.
subsequently discovers that the C. There is no contract because the
bicycle is worth £390. He informs consideration is insufficient.
the woman that he no longer D. There is no contract because adequate
wishes to sell the bicycle because consideration has not been promised.
he was mistaken about its value. E. There is no contract because the
consideration promised is only executory.
What advice should the woman be
given? Consideration must be sufficient but need not be
adequate. Consideration is sufficient as long as there
is some economic value, no matter how trivial or
nominal e.g., chocolate bar wrappers in Chappell v
Nestle.
4 Last month a cycling enthusiast With whom, if anyone, does the benefit of the
incorporated an online bicycle contract reside?
accessories shop. He is the sole A. The company only.
director and he and a friend are the B. The shareholders only.
only shareholders. Prior to C. The enthusiast only.
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, incorporation of the company, the D. The enthusiast and the company jointly.
enthusiast negotiated a contract E. No one, the contract is void.
with a provider of cycling clothing.
The contract was signed, prior to Pre-incorporation contracts does not bind a company
the receipt of the certificate of as a company cannot enter into contracts until it is
incorporation, by the enthusiast in incorporated:
his own name, on behalf of the s.51 Companies Act 2006: “A contract that
company. purports to be made by or on behalf of a
company at a time when the company has
not been formed has effect, subject to any
agreement to the contrary, as one made with
the person purporting to act for the company
or as agent for it, and he is personally liable
on the contract accordingly.”
5 A woman in the UK asserts that her Can the cousin bring legal proceedings as the
rights under Article 8 of the woman’s representative under the HRA?
European Convention on Human A. Yes, because family representatives are
Rights (ECHR) have been infringed specifically granted standing under the HRA.
by a public authority. Although she B. Yes, because the HRA provides that
wishes to protest, she is unwilling proceedings may be brought by a
to bring court proceedings under representative where anonymity is a serious
the Human Rights Act 1998 (HRA) concern for the victim.
against the public authority, C. No, because only a victim of the
because of the publicity she might infringement can bring an action and the
receive, and because of the cousin is not a victim.
possible cost. The woman’s D. Yes, because the court will be satisfied that
wealthy cousin is not affected by the cousin, as a representative, is able to
the alleged infringement, but says meet the expenses of the proceedings.
she would be willing to bring E. E. No, because a representative can only
proceedings on behalf of the bring an action under the HRA where it
woman. replaces numerous individuals making
identical claims.
- s.6(1) HRA: it is unlawful for a public authority to
breach the ECHR.
- s.7(1) HRA: only a victim of the unlawful act can
bring an action against a public authority for
breach of s.6(1) HRA or rely on the ECHR in any
legal proceedings.
6 A decision is made by the Court of Which of the following courts have the power to
Appeal (Civil Division) in favour of grant permission to appeal?
the claimant. The defendant wishes A. The Court of Appeal only.
to obtain permission to appeal. B. The Supreme Court only.
C. The House of Lords only.
D. The Court of Appeal and the Supreme Court.
E. The Court of Appeal and the House of Lords.
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