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SQE · Free Mock Test 129 of 250

Free SQE Mock Test 12920 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 129

applaa-sqe-mock-129.pdf · 20 questions

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Sample Questions — SQE Mock 129

8 of 20 shown

Correct answers highlighted in green. Full explanations included.

1
FLK1

A builder (Philip) 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

2
FLK1

A director of Falcon Security Ltd (a private company limited by shares) wants to allot new shares to a new investor (Liam) to raise capital of £18,500. 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: Falcon Security Ltd is a *private* company limited by shares with *one* class of ordinary shares. 2. Apply Section 550: Directors of such a company hav

3
FLK1

A builder (Yasmine) contractually agreed to construct a wall for a customer (Jack) 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

4
FLK1

A claimant (Matthew) makes a valid CPR Part 36 settlement offer to the defendant (Philip) of £75,000. The defendant rejects the offer. The case goes to trial, and the claimant wins, obtaining judgment of £86,250. 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. Matthew's Offer: £75,000 - a valid Part 36 offer. 2. Philip's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Matthew wins £86,250 - which *exceeds* the Part 36

5
FLK1

A claimant (Helen) makes a valid CPR Part 36 settlement offer to the defendant (James) of £500,000. The defendant rejects the offer. The case goes to trial, and the claimant wins, obtaining judgment of £575,000. 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. Helen's Offer: £500,000 - a valid Part 36 offer. 2. James's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Helen wins £575,000 - which *exceeds* the Part 36 off

6
FLK1

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

  • 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: Caleb offers the delivery van for £500. 2. Counter-Offer: Evelyn replies with £450 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the original offe

7
FLK1

An employee of Zephyr Services LLP negligently injures a customer (Victoria) while driving a company delivery van to make a scheduled delivery. The customer sues Zephyr Services LLP. 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 Zephyr Services LLP (not an independent contractor). 2. Course of Employment Test: Was the tort committed while perfo

8
FLK1

A director of Vanguard Industries plc (a private company limited by shares) wants to allot new shares to a new investor (Wendy) to raise capital of £35,000. 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: Vanguard Industries plc is a *private* company limited by shares with *one* class of ordinary shares. 2. Apply Section 550: Directors of such a company

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Paper Info

Exam
SQE
Mock number
129 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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