Free SQE Mock Test 11 — 20 Questions + Full Answers
Solicitors Qualifying Examination · Trainee solicitors · SQE1 sits: Jan & Jul
Sections: FLK1 · Applaa proprietary paper — free to download and print
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Applaa SQE Mock Test 11
applaa-sqe-mock-11.pdf · 20 questions
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8 of 20 shownCorrect answers highlighted in green. Full explanations included.
A seller (Samuel) negligently makes a false statement of fact regarding the turnover of a business to a buyer (Frank), inducing them to buy it. The buyer subsequently discovers the fraud. Which of the following describes the remedies available under the Misrepresentation Act 1967?
- A.The contract is automatically void, and the seller must be prosecuted criminally.
- B.Rescission of the contract and/or damages under Section 2(1) of the Act.
- C.The buyer can only recover damages and has no right to rescind the contract under any circumstances.
- D.The contract is binding, and no remedy is available since the buyer should have checked the accounts (caveat emptor).
- E.The seller is required to perform specific performance of the turnover projection.
✓ Worked Explanation
Core Concept: Misrepresentation Act 1967 - Remedies The Misrepresentation Act 1967 classifies misrepresentation into three types (fraudulent, negligent, innocent) and provides different remedies for each. A negligent misrepresentation under Section 2(1) is the most commonly tested in SQE. Step-by-Step Resolution: 1. Identify the Type: A *negligent* false statement of fact made by Samuel to induce Frank to buy. 2. Remedy Under Section 2(1): The innocent party (Frank) may: - Rescind the contra
Oliver offered to sell a delivery van to Fredrick for £1,500. Fredrick replied: 'I accept your offer, but I will pay £1,350.' Oliver did not respond. Two days later, Fredrick wrote to Oliver saying: 'I accept your original offer of £1,500.' Is there a binding contract between Oliver and Fredrick?
- 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- B.Yes, because the original offer remained open and had not been revoked by the offeror.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: Oliver offers the delivery van for £1,500. 2. Counter-Offer: Fredrick replies with £1,350 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the origin
A seller (Oliver) negligently makes a false statement of fact regarding the turnover of a business to a buyer (Alice), inducing them to buy it. The buyer subsequently discovers the fraud. Which of the following describes the remedies available under the Misrepresentation Act 1967?
- A.The contract is automatically void, and the seller must be prosecuted criminally.
- B.Rescission of the contract and/or damages under Section 2(1) of the Act.
- C.The buyer can only recover damages and has no right to rescind the contract under any circumstances.
- D.The contract is binding, and no remedy is available since the buyer should have checked the accounts (caveat emptor).
- E.The seller is required to perform specific performance of the turnover projection.
✓ Worked Explanation
Core Concept: Misrepresentation Act 1967 - Remedies The Misrepresentation Act 1967 classifies misrepresentation into three types (fraudulent, negligent, innocent) and provides different remedies for each. A negligent misrepresentation under Section 2(1) is the most commonly tested in SQE. Step-by-Step Resolution: 1. Identify the Type: A *negligent* false statement of fact made by Oliver to induce Alice to buy. 2. Remedy Under Section 2(1): The innocent party (Alice) may: - Rescind the contra
A builder (Julia) contractually agreed to construct a wall for a customer (Beatrice) for £5,000. Halfway through the job, the builder states they cannot finish unless the customer pays an extra £1,000. The customer agrees. After completion, the customer refuses to pay the extra £1,000. Under Williams v Roffey Bros, is the promise to pay the extra £1,000 binding?
- A.No, because performing an existing contractual duty can never be good consideration.
- B.Yes, if the customer obtained a practical benefit (such as avoiding a penalty clause to a third party) and there was no economic duress.
- C.No, because a promise to pay more must be approved by the County Court under CPR regulations.
- D.Yes, because oral contracts are automatically binding regardless of consideration.
- E.No, because it violates Section 52 of the Law of Property Act 1925.
✓ Worked Explanation
Core Concept: Consideration and Practical Benefit (Williams v Roffey Bros) The traditional rule (Stilk v Myrick) held that performing an existing contractual duty cannot be good consideration. Williams v Roffey Bros [1990] modified this rule: performing an existing duty CAN be valid consideration if the promisee obtains a 'practical benefit'. Step-by-Step Resolution: 1. Traditional Rule: A builder promising to finish what they're already contractually bound to do provides nothing new - no consi
In a judicial review action, the High Court finds that a section of an Act of Parliament is incompatible with a right protected by the European Convention on Human Rights (ECHR). What is the legal effect of a Declaration of Incompatibility under Section 4 of the Human Rights Act 1998?
- A.The Act of Parliament is immediately struck down and ceases to be law.
- B.It does not affect the validity, continuing operation, or enforcement of the provision, but alerts Parliament to amend the law.
- C.The case is referred automatically to the European Court of Justice in Luxembourg.
- D.The monarch must immediately dissolve Parliament and call an election.
- E.The claimant is automatically awarded £22,000 in damages.
✓ Worked Explanation
Core Concept: Declaration of Incompatibility (Section 4 Human Rights Act 1998) Under the Human Rights Act 1998, UK courts can interpret legislation compatibly with Convention rights where possible (Section 3). Where this is not possible, higher courts can issue a Declaration of Incompatibility - but crucially, this does NOT invalidate the law. Step-by-Step Resolution: 1. Section 3 - Interpret First: Courts must read legislation *as far as possible* compatibly with Convention rights. This is a s
An employee of Vanguard Industries plc negligently injures a customer (Uma) while driving a company delivery van to make a scheduled delivery. The customer sues Vanguard Industries plc. What is the legal doctrine that allows the employer to be held liable, and what is the test?
- A.Res Ipsa Loquitur; requires showing the van was in a defective condition.
- B.Vicarious liability; requires showing that the employee committed a tort in the course of their employment.
- C.Strict liability; requires showing the employer acted with malicious intent.
- D.Privity of liability; requires a signed agreement between the employer and the customer.
- E.Contributory liability; requires allocating the claim to the Multi-Track.
✓ Worked Explanation
Core Concept: Vicarious Liability Vicarious liability makes an employer strictly liable for torts committed by their employee, where the tort occurs in the 'course of employment'. It is a form of secondary liability - the employer is liable even without their own fault. Step-by-Step Resolution: 1. Identify the Employer-Employee Relationship: The delivery driver is an employee of Vanguard Industries plc (not an independent contractor). 2. Course of Employment Test: Was the tort committed while p
In a judicial review action, the High Court finds that a section of an Act of Parliament is incompatible with a right protected by the European Convention on Human Rights (ECHR). What is the legal effect of a Declaration of Incompatibility under Section 4 of the Human Rights Act 1998?
- A.The Act of Parliament is immediately struck down and ceases to be law.
- B.It does not affect the validity, continuing operation, or enforcement of the provision, but alerts Parliament to amend the law.
- C.The case is referred automatically to the European Court of Justice in Luxembourg.
- D.The monarch must immediately dissolve Parliament and call an election.
- E.The claimant is automatically awarded £9,500 in damages.
✓ Worked Explanation
Core Concept: Declaration of Incompatibility (Section 4 Human Rights Act 1998) Under the Human Rights Act 1998, UK courts can interpret legislation compatibly with Convention rights where possible (Section 3). Where this is not possible, higher courts can issue a Declaration of Incompatibility - but crucially, this does NOT invalidate the law. Step-by-Step Resolution: 1. Section 3 - Interpret First: Courts must read legislation *as far as possible* compatibly with Convention rights. This is a s
Prior to the formal incorporation of Omega Holdings Ltd, a promoter (Kevin) 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 Kevin 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: Omega Holdings Ltd had no legal existence when Kevin signed the contract. There was no legal entity to be bound. 2. Apply Section 51: The contract takes eff
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Paper Info
- Exam
- SQE
- Mock number
- 11 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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