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SQE · Free Mock Test 130 of 250

Free SQE Mock Test 13020 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 130

applaa-sqe-mock-130.pdf · 20 questions

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Sample Questions — SQE Mock 130

8 of 20 shown

Correct answers highlighted in green. Full explanations included.

1
FLK1

A claimant (Thomas) has brought an action against a defendant (Mila) 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

2
FLK1

A driver (Kate) crashes into a pedestrian (Jack) who is crossing the street, causing physical injuries. To establish negligence, the claimant must show that the defendant owed them a duty of care. How does the court establish if a duty of care exists for physical damage caused by positive actions?

  • A.By applying the three-stage Caparo test including fair, just, and reasonable criteria in every case.
  • B.By finding that the case falls within an established duty category (such as road users to other road users) where a duty is automatically owed (Robinson v Chief Constable of West Yorkshire).
  • C.By checking if the defendant signed a voluntary duty registration form.
  • D.By proving the defendant intended to cause physical harm.
  • E.By allocating the claim to the Fast Track under CPR guidelines.

✓ Worked Explanation

Core Concept: Duty of Care - Established Categories (Robinson v Chief Constable) Not every case requires a full Caparo analysis. The Supreme Court in Robinson v Chief Constable of West Yorkshire Police [2018] confirmed that where a case falls into an *established duty category*, the duty is owed as a matter of precedent. Step-by-Step Resolution: 1. Is this an Established Category?: A driver ('Kate') causing physical injury to a pedestrian (Jack) through a positive act clearly falls within an es

3
FLK1

A claimant (Sophia) 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

4
FLK1

A claimant (Victor) has applied for summary judgment against a defendant (Oliver) 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 (Victoria) has applied for summary judgment against a defendant (Alice) 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

Prior to the formal incorporation of Epsilon Foods plc, a promoter (Victor) 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 Victor 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: Epsilon Foods plc had no legal existence when Victor signed the contract. There was no legal entity to be bound. 2. Apply Section 51: The contract takes eff

7
FLK1

Prior to the formal incorporation of Meridian Group Ltd, a promoter (Victoria) 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 Victoria 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 Victoria signed the contract. There was no legal entity to be bound. 2. Apply Section 51: The contract takes

8
FLK1

A shopkeeper (David) places a designer coat in the shop window with a price tag of £12,000. A customer (Zoe) enters the shop, places the cash on the counter, and demands to buy the item. The shopkeeper refuses to sell it. Is there a binding contract?

  • A.Yes, because placing the item in the window was a unilateral offer that was accepted by the customer's cash payment.
  • B.No, because the display of goods in a shop window is an invitation to treat, not an offer. Refusing to sell does not breach any contract (Fisher v Bell).
  • C.Yes, because consumer protection laws force retailers to sell all displayed items automatically.
  • D.No, because contracts for sales in shops require a written signed document.
  • E.Yes, because the shopkeeper was silent when the customer entered, constituting acceptance.

✓ Worked Explanation

Core Concept: Invitation to Treat vs. Offer A binding contract requires a valid *offer* and *acceptance*. The display of goods in a shop window or on a shelf is an invitation to treat - an invitation for customers to make offers. It is fundamentally different from a legal offer, which can be accepted to form a contract. Step-by-Step Resolution: 1. What is an Invitation to Treat?: A display of goods with a price tag is not an offer - it is merely an expression of willingness to deal on those ter

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Paper Info

Exam
SQE
Mock number
130 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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