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SQE · Free Mock Test 126 of 250

Free SQE Mock Test 12620 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 126

applaa-sqe-mock-126.pdf · 20 questions

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Sample Questions — SQE Mock 126

8 of 20 shown

Correct answers highlighted in green. Full explanations included.

1
FLK1

A seller (Thomas) negligently makes a false statement of fact regarding the turnover of a business to a buyer (Arthur), 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 Thomas to induce Arthur to buy. 2. Remedy Under Section 2(1): The innocent party (Arthur) may: - Rescind the cont

2
FLK1

A seller (Evelyn) negligently makes a false statement of fact regarding the turnover of a business to a buyer (Wendy), 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 Evelyn to induce Wendy to buy. 2. Remedy Under Section 2(1): The innocent party (Wendy) may: - Rescind the contra

3
FLK1

A claimant was injured when a defendant (Frank), who was engaged in failing to secure scaffolding, 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: Frank 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 194

4
FLK1

A claimant (Arthur) has applied for summary judgment against a defendant (Xavier) 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

5
FLK1

A claimant (Jack) has applied for summary judgment against a defendant (Kevin) 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

6
FLK1

A claimant (Victor) has applied for summary judgment against a defendant (Zachary) 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

7
FLK1

A claimant (Isabella) has applied for summary judgment against a defendant (Xavier) 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

8
FLK1

A claimant (Henry) makes a valid CPR Part 36 settlement offer to the defendant (Grace) of £55,000. The defendant rejects the offer. The case goes to trial, and the claimant wins, obtaining judgment of £63,249. 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. Henry's Offer: £55,000 - a valid Part 36 offer. 2. Grace's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Henry wins £63,249 - which *exceeds* the Part 36 offer

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Paper Info

Exam
SQE
Mock number
126 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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