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All SQE mocks

Mock 52 Mock 54

SQE · Free Mock Test 53 of 250

Free SQE Mock Test 53 — 20 Questions + Full Answers

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

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Applaa SQE Mock Test 53

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Sample Questions — SQE Mock 53

8 of 20 shown

Correct answers highlighted in green. Full explanations included.

FLK1

Prior to the formal incorporation of Genesis Consulting Ltd, a promoter (Evelyn) 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 Evelyn 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: Genesis Consulting Ltd had no legal existence when Evelyn signed the contract. There was no legal entity to be bound. 2. Apply Section 51: The contract take

FLK1

A claimant (Helen) has brought an action against a defendant (Yasmine) in the County Court for breach of contract, claiming £95,000 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 £95,000. 2. Apply the Track Thresholds: - Small Claims Track: £10,000 (for most claims; £1,000 for personal injury/housing disrepair) - Fast Track: > £10,

FLK1

A shopkeeper (Zoe) places a designer coat in the shop window with a price tag of £350,000. A customer (Frank) 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 seller (Philip) negligently makes a false statement of fact regarding the turnover of a business to a buyer (Kevin), 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 Philip to induce Kevin to buy. 2. Remedy Under Section 2(1): The innocent party (Kevin) may: - Rescind the contra

FLK1

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

FLK1

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

FLK1

A shopkeeper (Harry) places a laptop in the shop window with a price tag of £25,000. A customer (William) 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

Rose offered to sell a agricultural tractor to Charlie for £1,500. Charlie replied: 'I accept your offer, but I will pay £1,350.' Rose did not respond. Two days later, Charlie wrote to Rose saying: 'I accept your original offer of £1,500.' Is there a binding contract between Rose and Charlie?

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: Rose offers the agricultural tractor for £1,500. 2. Counter-Offer: Charlie replies with £1,350 - this is a counter-offer, NOT an acceptance. Under Hyde v Wrench (1840), this kills the o

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What is FLK1 in the SQE exam?+

FLK1 (Functioning Legal Knowledge 1) is the first part of the SQE1 assessment, testing substantive and procedural law across multiple legal practice areas with multiple-choice questions. Each Applaa SQE mock covers FLK1-style questions with full explanations.

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