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SQE · Free Mock Test 208 of 250

Free SQE Mock Test 20820 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 208

applaa-sqe-mock-208.pdf · 20 questions

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Sample Questions — SQE Mock 208

8 of 20 shown

Correct answers highlighted in green. Full explanations included.

1
FLK1

A shopkeeper (Evelyn) places a vintage watch in the shop window with a price tag of £120,000. A customer (Mia) 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

2
FLK1

A claimant (Quinn) has brought an action against a defendant (Alice) in the County Court for breach of contract, claiming £5,000 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 £5,000. 2. Apply the Track Thresholds: - Small Claims Track: £10,000 (for most claims; £1,000 for personal injury/housing disrepair) - Fast Track: > £10,0

3
FLK1

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

4
FLK1

A claimant (Charlotte) makes a valid CPR Part 36 settlement offer to the defendant (Olivia) of £12,000. The defendant rejects the offer. The case goes to trial, and the claimant wins, obtaining judgment of £13,799. 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. Charlotte's Offer: £12,000 - a valid Part 36 offer. 2. Olivia's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Charlotte wins £13,799 - which *exceeds* the Part

5
FLK1

A shopkeeper (Charlie) places a designer coat in the shop window with a price tag of £150,000. A customer (Jack) 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

6
FLK1

William offered to sell a printing press to Laura for £5,000. Laura replied: 'I accept your offer, but I will pay £4,500.' William did not respond. Two days later, Laura wrote to William saying: 'I accept your original offer of £5,000.' Is there a binding contract between William and Laura?

  • 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: William offers the printing press for £5,000. 2. Counter-Offer: Laura replies with £4,500 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the origin

7
FLK1

A shopkeeper (Diana) places a vintage watch in the shop window with a price tag of £5,000. A customer (Olivia) 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

8
FLK1

A claimant (Mia) has brought an action against a defendant (Emma) in the County Court for breach of contract, claiming £25,000 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 £25,000. 2. Apply the Track Thresholds: - Small Claims Track: £10,000 (for most claims; £1,000 for personal injury/housing disrepair) - Fast Track: > £10,

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Paper Info

Exam
SQE
Mock number
208 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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