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All SQE mocks

Mock 184 Mock 186

SQE · Free Mock Test 185 of 250

Free SQE Mock Test 185 — 20 Questions + Full Answers

Solicitors Qualifying Examination · Trainee solicitors · SQE1 sits: Jan & Jul

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Applaa SQE Mock Test 185

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Sample Questions — SQE Mock 185

8 of 20 shown

Correct answers highlighted in green. Full explanations included.

FLK1

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

FLK1

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

FLK1

A claimant (Quinn) makes a valid CPR Part 36 settlement offer to the defendant (Victoria) 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. Quinn's Offer: £35,000 - a valid Part 36 offer. 2. Victoria's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Quinn wins £40,250 - which *exceeds* the Part 36 of

FLK1

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

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

FLK1

A shopkeeper (Zoe) places a vintage watch in the shop window with a price tag of £250,000. A customer (Nora) 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

FLK1

A shopkeeper (Charlie) places a designer coat in the shop window with a price tag of £75,000. A customer (Fredrick) 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

FLK1

A shopkeeper (Edward) places a laptop in the shop window with a price tag of £220,000. A customer (Charlie) 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

FLK1

A claimant (Katelyn) has applied for summary judgment against a defendant (Emma) 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

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