Free SQE Mock Test 34 — 20 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 34
applaa-sqe-mock-34.pdf · 20 questions
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8 of 20 shownCorrect answers highlighted in green. Full explanations included.
A driver (Olivia) crashes into a pedestrian (Katelyn) 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 ('Olivia') causing physical injury to a pedestrian (Katelyn) through a positive act clearly falls within
A claimant was injured when a defendant (Daniel), who was engaged in delivering expired pharmaceuticals, 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: Daniel 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 19
A claimant (Kate) makes a valid CPR Part 36 settlement offer to the defendant (Mia) of £22,000. The defendant rejects the offer. The case goes to trial, and the claimant wins, obtaining judgment of £25,299. 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. Kate's Offer: £22,000 - a valid Part 36 offer. 2. Mia's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Kate wins £25,299 - which *exceeds* the Part 36 offer. Th
A customer (Matthew) is walking down a warehouse aisle when a heavy crate falls from a high shelf and injures them. The claimant has no evidence of what exactly caused the crate to fall. Can the claimant rely on the doctrine of 'Res Ipsa Loquitur'?
- A.No, because the claimant must prove the exact negligent act to bring a claim.
- B.Yes, if the thing causing the accident was under the sole control of the defendant, and the accident is one that does not occur in the ordinary course of things without negligence.
- C.No, because Res Ipsa Loquitur only applies to breach of contract claims.
- D.Yes, but the claimant's damages are automatically capped at £10,000.
- E.No, unless the defendant has already been convicted in a criminal court.
✓ Worked Explanation
Core Concept: Res Ipsa Loquitur ('The Thing Speaks for Itself') Res ipsa loquitur is an evidentiary doctrine that *shifts the evidential burden* to the defendant to provide an explanation for an accident. It assists claimants who cannot identify the exact cause of an accident but can show the circumstances make negligence the most probable explanation. Step-by-Step Resolution: 1. Three Requirements (Scott v London and St Katherine Docks [1865]): - The *thing* causing harm was under the defen
A business wants to apply for an interim injunction to prevent a competitor (Charlotte) from using its trade secrets. According to the guidelines in American Cyanamid Co v Ethicon Ltd, what is the first question the court must consider?
- A.Whether the applicant is willing to pay the court fees.
- B.Whether there is a serious question to be tried.
- C.Whether the defendant has a criminal record.
- D.Whether damages would be an adequate remedy for either party.
- E.Whether the trial can be completed within 6 months.
✓ Worked Explanation
Core Concept: American Cyanamid Test for Interim Injunctions An interim injunction is a temporary court order preventing a party from doing (or requiring them to do) something, pending a full trial. The American Cyanamid test provides a structured three-stage analysis. Step-by-Step Resolution: 1. Stage 1 - Is there a Serious Question to be Tried?: First, establish that the claim is not frivolous or vexatious. There must be a *genuine dispute with arguable merit*. If yes, proceed to stage 2. 2.
A claimant was injured when a defendant (Harry), 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: Harry 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
Samuel offered to sell a vintage watch to Fiona for £500. Fiona replied: 'I accept your offer, but I will pay £450.' Samuel did not respond. Two days later, Fiona wrote to Samuel saying: 'I accept your original offer of £500.' Is there a binding contract between Samuel and Fiona?
- 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: Samuel offers the vintage watch for £500. 2. Counter-Offer: Fiona replies with £450 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the original off
A claimant (Charlie) has brought an action against a defendant (Liam) in the County Court for breach of contract, claiming £120,000 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 £120,000. 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
- 34 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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