Free SQE Mock Test 102 — 20 Questions + Full Answers
Solicitors Qualifying Examination · Trainee solicitors · SQE1 sits: Jan & Jul
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Applaa SQE Mock Test 102
applaa-sqe-mock-102.pdf · 20 questions
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8 of 20 shownCorrect answers highlighted in green. Full explanations included.
Kate offered to sell a commercial warehouse to Edward for £500. Edward replied: 'I accept your offer, but I will pay £450.' Kate did not respond. Two days later, Edward wrote to Kate saying: 'I accept your original offer of £500.' Is there a binding contract between Kate and Edward?
- A.Yes, because the second letter constituted a valid acceptance of the original offer.
- B.Yes, because the original offer remained open and had not been revoked by the offeror.
- C.No, because the counter-offer of the lower price killed the original offer, meaning it could no longer be accepted.
- D.No, because a contract for sale of goods must be made in writing signed by both parties.
- E.Yes, because the offeror's silence on the counter-offer constituted acceptance of the lower price.
✓ Worked Explanation
Core Concept: Counter-Offer and the Death of the Original Offer A counter-offer is a rejection of the original offer combined with a new offer on different terms. Once a counter-offer is made, the original offer is extinguished - it cannot be revived or accepted later. Step-by-Step Resolution: 1. Original Offer: Kate offers the commercial warehouse for £500. 2. Counter-Offer: Edward replies with £450 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the origin
Frank offered to sell a office building to Xavier for £5,000. Xavier replied: 'I accept your offer, but I will pay £4,500.' Frank did not respond. Two days later, Xavier wrote to Frank saying: 'I accept your original offer of £5,000.' Is there a binding contract between Frank and Xavier?
- A.Yes, because the second letter constituted a valid acceptance of the original offer.
- B.Yes, because the original offer remained open and had not been revoked by the offeror.
- C.No, because the counter-offer of the lower price killed the original offer, meaning it could no longer be accepted.
- D.No, because a contract for sale of goods must be made in writing signed by both parties.
- E.Yes, because the offeror's silence on the counter-offer constituted acceptance of the lower price.
✓ Worked Explanation
Core Concept: Counter-Offer and the Death of the Original Offer A counter-offer is a rejection of the original offer combined with a new offer on different terms. Once a counter-offer is made, the original offer is extinguished - it cannot be revived or accepted later. Step-by-Step Resolution: 1. Original Offer: Frank offers the office building for £5,000. 2. Counter-Offer: Xavier replies with £4,500 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the origin
A claimant was injured when a defendant (Arthur), who was engaged in speeding in a residential zone, caused an accident. The defendant admits they owed the claimant a duty of care and breached it, but argues that the claimant's own negligence contributed to the injury. Under the Law Reform (Contributory Negligence) Act 1945, what is the legal effect of contributory negligence?
- A.It acts as a complete defense, and the claimant receives no damages.
- B.It reduces the claimant's damages to the extent that is just and equitable, reflecting the claimant's share of responsibility.
- C.It has no effect on damages but requires the claimant to pay the defendant's legal costs.
- D.It shifts the burden of proof to the claimant to show that they took all reasonable precautions.
- E.It renders the claim null and void, requiring allocation to criminal arbitration.
✓ Worked Explanation
Core Concept: Contributory Negligence (Law Reform (Contributory Negligence) Act 1945) Contributory negligence is a partial defence - it does not defeat the claim entirely, but reduces the damages awarded to reflect the claimant's own responsibility for their injury. Step-by-Step Resolution: 1. Identify the Defence: Arthur admits negligence but argues the claimant also contributed to their own injury (e.g., not wearing a seatbelt, failing to follow safety instructions). 2. Legal Effect (LRCNA 19
Prior to the formal incorporation of Vanguard Industries plc, a promoter (Evelyn) signed a contract 'on behalf of the company' to purchase machinery from a supplier. The company is now incorporated. Which of the following best describes the liability of Evelyn and the company on this pre-incorporation contract?
- A.The company is automatically bound by the contract upon incorporation, and the promoter is released.
- B.The contract is completely void and unenforceable by any party.
- C.The promoter is personally liable and entitled under the contract, subject to any agreement to the contrary, under Section 51 of the Companies Act 2006.
- D.The company and the promoter are jointly and severally liable automatically.
- E.The company can unilaterally ratify the contract without the supplier's agreement.
✓ Worked Explanation
Core Concept: Pre-Incorporation Contracts (Section 51 CA 2006) A company cannot be a party to a contract before it legally exists. When a promoter signs a contract 'on behalf of' an unformed company, Section 51 CA 2006 provides the default rule: the promoter is personally bound. Step-by-Step Resolution: 1. Legal Status Before Incorporation: Vanguard Industries plc had no legal existence when Evelyn signed the contract. There was no legal entity to be bound. 2. Apply Section 51: The contract tak
Penelope offered to sell a yacht to Mila for £500. Mila replied: 'I accept your offer, but I will pay £450.' Penelope did not respond. Two days later, Mila wrote to Penelope saying: 'I accept your original offer of £500.' Is there a binding contract between Penelope and Mila?
- A.Yes, because the second letter constituted a valid acceptance of the original offer.
- B.Yes, because the original offer remained open and had not been revoked by the offeror.
- C.No, because the counter-offer of the lower price killed the original offer, meaning it could no longer be accepted.
- D.No, because a contract for sale of goods must be made in writing signed by both parties.
- E.Yes, because the offeror's silence on the counter-offer constituted acceptance of the lower price.
✓ Worked Explanation
Core Concept: Counter-Offer and the Death of the Original Offer A counter-offer is a rejection of the original offer combined with a new offer on different terms. Once a counter-offer is made, the original offer is extinguished - it cannot be revived or accepted later. Step-by-Step Resolution: 1. Original Offer: Penelope offers the yacht for £500. 2. Counter-Offer: Mila replies with £450 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the original offer enti
A claimant (Jack) makes a valid CPR Part 36 settlement offer to the defendant (Isabella) of £18,500. The defendant rejects the offer. The case goes to trial, and the claimant wins, obtaining judgment of £21,275. What is the primary costs consequence under Part 36?
- A.The claimant must pay the defendant's costs on the indemnity basis.
- B.The defendant must pay the claimant's costs on the indemnity basis, plus interest on those costs, from the expiry of the relevant offer period.
- C.The court will split the trial costs equally between both parties.
- D.All costs recovery is capped at the Small Claims Track limit.
- E.The defendant is immune to costs penalties because they defended the claim in good faith.
✓ Worked Explanation
Core Concept: CPR Part 36 Offers and Cost Consequences A Part 36 offer is a formal settlement mechanism under CPR. When a claimant's Part 36 offer is beaten at trial (i.e., judgment exceeds the offer), the defendant faces automatic cost penalties designed to encourage early settlement. Step-by-Step Resolution: 1. Jack's Offer: £18,500 - a valid Part 36 offer. 2. Isabella's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Jack wins £21,275 - which *exceeds* the Part 36 offe
A claimant (Lucas) makes a valid CPR Part 36 settlement offer to the defendant (Zoe) of £250,000. The defendant rejects the offer. The case goes to trial, and the claimant wins, obtaining judgment of £287,500. What is the primary costs consequence under Part 36?
- A.The claimant must pay the defendant's costs on the indemnity basis.
- B.The defendant must pay the claimant's costs on the indemnity basis, plus interest on those costs, from the expiry of the relevant offer period.
- C.The court will split the trial costs equally between both parties.
- D.All costs recovery is capped at the Small Claims Track limit.
- E.The defendant is immune to costs penalties because they defended the claim in good faith.
✓ Worked Explanation
Core Concept: CPR Part 36 Offers and Cost Consequences A Part 36 offer is a formal settlement mechanism under CPR. When a claimant's Part 36 offer is beaten at trial (i.e., judgment exceeds the offer), the defendant faces automatic cost penalties designed to encourage early settlement. Step-by-Step Resolution: 1. Lucas's Offer: £250,000 - a valid Part 36 offer. 2. Zoe's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Lucas wins £287,500 - which *exceeds* the Part 36 offer
Jack offered to sell a delivery van to Benjamin for £5,000. Benjamin replied: 'I accept your offer, but I will pay £4,500.' Jack did not respond. Two days later, Benjamin wrote to Jack saying: 'I accept your original offer of £5,000.' Is there a binding contract between Jack and Benjamin?
- A.Yes, because the second letter constituted a valid acceptance of the original offer.
- B.Yes, because the original offer remained open and had not been revoked by the offeror.
- C.No, because the counter-offer of the lower price killed the original offer, meaning it could no longer be accepted.
- D.No, because a contract for sale of goods must be made in writing signed by both parties.
- E.Yes, because the offeror's silence on the counter-offer constituted acceptance of the lower price.
✓ Worked Explanation
Core Concept: Counter-Offer and the Death of the Original Offer A counter-offer is a rejection of the original offer combined with a new offer on different terms. Once a counter-offer is made, the original offer is extinguished - it cannot be revived or accepted later. Step-by-Step Resolution: 1. Original Offer: Jack offers the delivery van for £5,000. 2. Counter-Offer: Benjamin replies with £4,500 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the original
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Paper Info
- Exam
- SQE
- Mock number
- 102 of 250
- Questions
- 20
- Format
- Multiple Choice (MCQ)
- Sections
- 1
- Audience
- Trainee solicitors
- Timing
- SQE1 sits: Jan & Jul
- Copyright
- Applaa Proprietary
Sections Covered
- FLK1
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