Free SQE Mock Test 7 — 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 7
applaa-sqe-mock-7.pdf · 20 questions
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8 of 20 shownCorrect answers highlighted in green. Full explanations included.
A claimant was injured when a defendant (Sophia), 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: Sophia 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 business wants to apply for an interim injunction to prevent a competitor (Alice) 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 business wants to apply for an interim injunction to prevent a competitor (William) 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 customer (Nathan) 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
An employee of Summit Logistics Ltd negligently injures a customer (Helen) while driving a company delivery van to make a scheduled delivery. The customer sues Summit Logistics Ltd. What is the legal doctrine that allows the employer to be held liable, and what is the test?
- A.Res Ipsa Loquitur; requires showing the van was in a defective condition.
- B.Vicarious liability; requires showing that the employee committed a tort in the course of their employment.
- C.Strict liability; requires showing the employer acted with malicious intent.
- D.Privity of liability; requires a signed agreement between the employer and the customer.
- E.Contributory liability; requires allocating the claim to the Multi-Track.
✓ Worked Explanation
Core Concept: Vicarious Liability Vicarious liability makes an employer strictly liable for torts committed by their employee, where the tort occurs in the 'course of employment'. It is a form of secondary liability - the employer is liable even without their own fault. Step-by-Step Resolution: 1. Identify the Employer-Employee Relationship: The delivery driver is an employee of Summit Logistics Ltd (not an independent contractor). 2. Course of Employment Test: Was the tort committed while perf
A seller (Julia) negligently makes a false statement of fact regarding the turnover of a business to a buyer (Grace), 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 Julia to induce Grace to buy. 2. Remedy Under Section 2(1): The innocent party (Grace) may: - Rescind the contrac
Prior to the formal incorporation of Nova Capital Ltd, a promoter (Noah) 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 Noah 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: Nova Capital Ltd had no legal existence when Noah signed the contract. There was no legal entity to be bound. 2. Apply Section 51: The contract takes effect
A claimant was injured when a defendant (Bob), who was engaged in speeding in a residential zone, 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: Bob 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 1945)
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Paper Info
- Exam
- SQE
- Mock number
- 7 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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