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All SQE mocks

Mock 112 Mock 114

SQE · Free Mock Test 113 of 250

Free SQE Mock Test 113 — 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 113

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Sample Questions — SQE Mock 113

8 of 20 shown

Correct answers highlighted in green. Full explanations included.

FLK1

Rose offered to sell a residential apartment to Helen for £500. Helen replied: 'I accept your offer, but I will pay £450.' Rose did not respond. Two days later, Helen wrote to Rose saying: 'I accept your original offer of £500.' Is there a binding contract between Rose and Helen?

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B.Yes, because the original offer remained open and had not been revoked by the offeror.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: Rose offers the residential apartment for £500. 2. Counter-Offer: Helen replies with £450 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the origin

FLK1

A claimant (Philip) has brought an action against a defendant (Sophia) in the County Court for breach of contract, claiming £220,000 in damages. The defendant has filed a defense. In accordance with the Civil Procedure Rules (CPR), which track will this claim be allocated to?

A.Small Claims Track
B.Fast Track
C.Intermediate Track
D.Multi-Track
E.Commercial Court Track

✓ Worked Explanation

Core Concept: CPR Track Allocation The Civil Procedure Rules (CPR) allocate civil claims to one of four procedural tracks based primarily on *financial value* (and sometimes complexity). Each track has different procedural rules, costs caps, and hearing formats. Step-by-Step Resolution: 1. Identify the Claim Value: The claim is for £220,000. 2. Apply the Track Thresholds: - Small Claims Track: £10,000 (for most claims; £1,000 for personal injury/housing disrepair) - Fast Track: > £10

FLK1

A claimant (Harry) has brought an action against a defendant (Mila) in the County Court for breach of contract, claiming £15,000 in damages. The defendant has filed a defense. In accordance with the Civil Procedure Rules (CPR), which track will this claim be allocated to?

A.Small Claims Track
B.Fast Track
C.Intermediate Track
D.Multi-Track
E.Commercial Court Track

✓ Worked Explanation

Core Concept: CPR Track Allocation The Civil Procedure Rules (CPR) allocate civil claims to one of four procedural tracks based primarily on *financial value* (and sometimes complexity). Each track has different procedural rules, costs caps, and hearing formats. Step-by-Step Resolution: 1. Identify the Claim Value: The claim is for £15,000. 2. Apply the Track Thresholds: - Small Claims Track: £10,000 (for most claims; £1,000 for personal injury/housing disrepair) - Fast Track: > £10,

FLK1

A builder (Samuel) contractually agreed to construct a wall for a customer (James) 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

FLK1

Prior to the formal incorporation of Falcon Security Ltd, a promoter (Wendy) 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 Wendy 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: Falcon Security Ltd had no legal existence when Wendy signed the contract. There was no legal entity to be bound. 2. Apply Section 51: The contract takes ef

FLK1

Harry offered to sell a office building to Julia for £500. Julia replied: 'I accept your offer, but I will pay £450.' Harry did not respond. Two days later, Julia wrote to Harry saying: 'I accept your original offer of £500.' Is there a binding contract between Harry and Julia?

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: Harry offers the office building for £500. 2. Counter-Offer: Julia replies with £450 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the original of

FLK1

A claimant (Wendy) has brought an action against a defendant (Julia) in the County Court for breach of contract, claiming £180,000 in damages. The defendant has filed a defense. In accordance with the Civil Procedure Rules (CPR), which track will this claim be allocated to?

A.Small Claims Track
B.Fast Track
C.Intermediate Track
D.Multi-Track
E.Commercial Court Track

✓ Worked Explanation

Core Concept: CPR Track Allocation The Civil Procedure Rules (CPR) allocate civil claims to one of four procedural tracks based primarily on *financial value* (and sometimes complexity). Each track has different procedural rules, costs caps, and hearing formats. Step-by-Step Resolution: 1. Identify the Claim Value: The claim is for £180,000. 2. Apply the Track Thresholds: - Small Claims Track: £10,000 (for most claims; £1,000 for personal injury/housing disrepair) - Fast Track: > £10

FLK1

Ian offered to sell a delivery van to Henry for £20,000. Henry replied: 'I accept your offer, but I will pay £18,000.' Ian did not respond. Two days later, Henry wrote to Ian saying: 'I accept your original offer of £20,000.' Is there a binding contract between Ian and Henry?

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: Ian offers the delivery van for £20,000. 2. Counter-Offer: Henry replies with £18,000 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the original o

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