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SQE · Free Mock Test 63 of 250

Free SQE Mock Test 6320 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 63

applaa-sqe-mock-63.pdf · 20 questions

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Sample Questions — SQE Mock 63

8 of 20 shown

Correct answers highlighted in green. Full explanations included.

1
FLK1

A claimant (Katelyn) has brought an action against a defendant (Uma) in the County Court for breach of contract, claiming £22,000 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 £22,000. 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 builder (Nora) contractually agreed to construct a wall for a customer (David) for £5,000. Halfway through the job, the builder states they cannot finish unless the customer pays an extra £1,000. The customer agrees. After completion, the customer refuses to pay the extra £1,000. Under Williams v Roffey Bros, is the promise to pay the extra £1,000 binding?

  • A.No, because performing an existing contractual duty can never be good consideration.
  • B.Yes, if the customer obtained a practical benefit (such as avoiding a penalty clause to a third party) and there was no economic duress.
  • C.No, because a promise to pay more must be approved by the County Court under CPR regulations.
  • D.Yes, because oral contracts are automatically binding regardless of consideration.
  • E.No, because it violates Section 52 of the Law of Property Act 1925.

✓ Worked Explanation

Core Concept: Consideration and Practical Benefit (Williams v Roffey Bros) The traditional rule (Stilk v Myrick) held that performing an existing contractual duty cannot be good consideration. Williams v Roffey Bros [1990] modified this rule: performing an existing duty CAN be valid consideration if the promisee obtains a 'practical benefit'. Step-by-Step Resolution: 1. Traditional Rule: A builder promising to finish what they're already contractually bound to do provides nothing new - no consi

3
FLK1

A claimant (Wendy) has brought an action against a defendant (Arthur) in the County Court for breach of contract, claiming £22,000 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 £22,000. 2. Apply the Track Thresholds: - Small Claims Track: £10,000 (for most claims; £1,000 for personal injury/housing disrepair) - Fast Track: > £10,

4
FLK1

A claimant was injured when a defendant (Evelyn), 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: Evelyn 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

5
FLK1

A builder (Sophia) contractually agreed to construct a wall for a customer (Xavier) for £5,000. Halfway through the job, the builder states they cannot finish unless the customer pays an extra £1,000. The customer agrees. After completion, the customer refuses to pay the extra £1,000. Under Williams v Roffey Bros, is the promise to pay the extra £1,000 binding?

  • A.No, because performing an existing contractual duty can never be good consideration.
  • B.Yes, if the customer obtained a practical benefit (such as avoiding a penalty clause to a third party) and there was no economic duress.
  • C.No, because a promise to pay more must be approved by the County Court under CPR regulations.
  • D.Yes, because oral contracts are automatically binding regardless of consideration.
  • E.No, because it violates Section 52 of the Law of Property Act 1925.

✓ Worked Explanation

Core Concept: Consideration and Practical Benefit (Williams v Roffey Bros) The traditional rule (Stilk v Myrick) held that performing an existing contractual duty cannot be good consideration. Williams v Roffey Bros [1990] modified this rule: performing an existing duty CAN be valid consideration if the promisee obtains a 'practical benefit'. Step-by-Step Resolution: 1. Traditional Rule: A builder promising to finish what they're already contractually bound to do provides nothing new - no consi

6
FLK1

A director of Beacon Solutions LLP (a private company limited by shares) wants to allot new shares to a new investor (Diana) to raise capital of £500,000. The company has only one class of ordinary shares. Under the Companies Act 2006, which of the following is correct regarding the director's authority to allot these shares?

  • A.The director has automatic statutory authority to allot the shares without shareholder approval under Section 550, unless restricted by the articles.
  • B.The director must always obtain authorization by ordinary resolution of the shareholders under Section 551.
  • C.The director must obtain authorization by special resolution of the shareholders to allot any shares.
  • D.The director requires the approval of the Board of Trade before alloting any class of shares.
  • E.Authority is only required if the allotment would cause the company to exceed its authorised share capital as stated in the memorandum.

✓ Worked Explanation

Core Concept: Director's Authority to Allot Shares (Section 550 CA 2006) The Companies Act 2006 grants directors of private companies with a single class of shares a specific statutory power to allot shares of that class without requiring shareholder approval - unless the articles restrict this. Step-by-Step Resolution: 1. Identify Company Type: Beacon Solutions LLP is a *private* company limited by shares with *one* class of ordinary shares. 2. Apply Section 550: Directors of such a company ha

7
FLK1

A director of Meridian Group Ltd (a private company limited by shares) wants to allot new shares to a new investor (Olivia) to raise capital of £18,500. The company has only one class of ordinary shares. Under the Companies Act 2006, which of the following is correct regarding the director's authority to allot these shares?

  • A.The director has automatic statutory authority to allot the shares without shareholder approval under Section 550, unless restricted by the articles.
  • B.The director must always obtain authorization by ordinary resolution of the shareholders under Section 551.
  • C.The director must obtain authorization by special resolution of the shareholders to allot any shares.
  • D.The director requires the approval of the Board of Trade before alloting any class of shares.
  • E.Authority is only required if the allotment would cause the company to exceed its authorised share capital as stated in the memorandum.

✓ Worked Explanation

Core Concept: Director's Authority to Allot Shares (Section 550 CA 2006) The Companies Act 2006 grants directors of private companies with a single class of shares a specific statutory power to allot shares of that class without requiring shareholder approval - unless the articles restrict this. Step-by-Step Resolution: 1. Identify Company Type: Meridian Group Ltd is a *private* company limited by shares with *one* class of ordinary shares. 2. Apply Section 550: Directors of such a company have

8
FLK1

A builder (Zoe) contractually agreed to construct a wall for a customer (Julia) for £5,000. Halfway through the job, the builder states they cannot finish unless the customer pays an extra £1,000. The customer agrees. After completion, the customer refuses to pay the extra £1,000. Under Williams v Roffey Bros, is the promise to pay the extra £1,000 binding?

  • A.No, because performing an existing contractual duty can never be good consideration.
  • B.Yes, if the customer obtained a practical benefit (such as avoiding a penalty clause to a third party) and there was no economic duress.
  • C.No, because a promise to pay more must be approved by the County Court under CPR regulations.
  • D.Yes, because oral contracts are automatically binding regardless of consideration.
  • E.No, because it violates Section 52 of the Law of Property Act 1925.

✓ Worked Explanation

Core Concept: Consideration and Practical Benefit (Williams v Roffey Bros) The traditional rule (Stilk v Myrick) held that performing an existing contractual duty cannot be good consideration. Williams v Roffey Bros [1990] modified this rule: performing an existing duty CAN be valid consideration if the promisee obtains a 'practical benefit'. Step-by-Step Resolution: 1. Traditional Rule: A builder promising to finish what they're already contractually bound to do provides nothing new - no consi

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Paper Info

Exam
SQE
Mock number
63 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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