Free SQE Mock Test 117 — 20 Questions + Full Answers
Solicitors Qualifying Examination · Trainee solicitors · SQE1 sits: Jan & Jul
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Applaa SQE Mock Test 117
applaa-sqe-mock-117.pdf · 20 questions
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8 of 20 shownCorrect answers highlighted in green. Full explanations included.
A claimant was injured when a defendant (Uma), who was engaged in spilling oil on a public road, 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: Uma 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 1945)
An employee of Epsilon Foods plc negligently injures a customer (Katelyn) while driving a company delivery van to make a scheduled delivery. The customer sues Epsilon Foods 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 Epsilon Foods plc (not an independent contractor). 2. Course of Employment Test: Was the tort committed while perform
Prior to the formal incorporation of Meridian Group Ltd, a promoter (Ian) 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 Ian 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: Meridian Group Ltd had no legal existence when Ian signed the contract. There was no legal entity to be bound. 2. Apply Section 51: The contract takes effec
A claimant (Amelia) has applied for summary judgment against a defendant (Ryan) under CPR Part 24. What is the test that the court must apply to determine whether summary judgment should be granted?
- A.The claimant must prove the case beyond all reasonable doubt.
- B.The defendant has no real prospect of successfully defending the claim, and there is no other compelling reason why the case should be disposed of at trial.
- C.The value of the claim must be less than £10,000.
- D.The defendant has failed to acknowledge service of the claim form within 14 days.
- E.The dispute involves questions of international law.
✓ Worked Explanation
Core Concept: Summary Judgment under CPR Part 24 Summary judgment allows a party to obtain judgment *without a full trial* where the opposing party's case has no real prospect of success. It is a cost-effective tool that avoids unnecessary litigation. Step-by-Step Resolution: 1. Who Can Apply: Either the claimant or defendant can apply for summary judgment under CPR Part 24.2. 2. The Test: The court will grant summary judgment if: - The defendant has no real prospect of successfully defendin
A builder (Diana) contractually agreed to construct a wall for a customer (Charlotte) 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
A director of Pinnacle Ventures Ltd (a private company limited by shares) wants to allot new shares to a new investor (Zoe) to raise capital of £7,500. The company has only one class of ordinary shares. Under the Companies Act 2006, which of the following is correct regarding the director's authority to allot these shares?
- A.The director has automatic statutory authority to allot the shares without shareholder approval under Section 550, unless restricted by the articles.
- B.The director must always obtain authorization by ordinary resolution of the shareholders under Section 551.
- C.The director must obtain authorization by special resolution of the shareholders to allot any shares.
- D.The director requires the approval of the Board of Trade before alloting any class of shares.
- E.Authority is only required if the allotment would cause the company to exceed its authorised share capital as stated in the memorandum.
✓ Worked Explanation
Core Concept: Director's Authority to Allot Shares (Section 550 CA 2006) The Companies Act 2006 grants directors of private companies with a single class of shares a specific statutory power to allot shares of that class without requiring shareholder approval - unless the articles restrict this. Step-by-Step Resolution: 1. Identify Company Type: Pinnacle Ventures Ltd is a *private* company limited by shares with *one* class of ordinary shares. 2. Apply Section 550: Directors of such a company h
A claimant (Xavier) makes a valid CPR Part 36 settlement offer to the defendant (Sophia) of £35,000. The defendant rejects the offer. The case goes to trial, and the claimant wins, obtaining judgment of £40,250. 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. Xavier's Offer: £35,000 - a valid Part 36 offer. 2. Sophia's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Xavier wins £40,250 - which *exceeds* the Part 36 of
An employee of Zenith Retail Ltd negligently injures a customer (Edward) while driving a company delivery van to make a scheduled delivery. The customer sues Zenith Retail Ltd. 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 Zenith Retail Ltd (not an independent contractor). 2. Course of Employment Test: Was the tort committed while perform
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Paper Info
- Exam
- SQE
- Mock number
- 117 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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