Free SQE Mock Test 73 — 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 73
applaa-sqe-mock-73.pdf · 20 questions
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8 of 20 shownCorrect answers highlighted in green. Full explanations included.
A business wants to apply for an interim injunction to prevent a competitor (Evelyn) 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.
An employee of Epsilon Foods plc negligently injures a customer (Fiona) while driving a company delivery van to make a scheduled delivery. The customer sues Epsilon Foods plc. 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 Epsilon Foods plc (not an independent contractor). 2. Course of Employment Test: Was the tort committed while perform
A claimant (Samuel) makes a valid CPR Part 36 settlement offer to the defendant (James) 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. Samuel's Offer: £12,000 - a valid Part 36 offer. 2. James's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Samuel wins £13,799 - which *exceeds* the Part 36 off
A driver (Mila) crashes into a pedestrian (Beatrice) 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 ('Mila') causing physical injury to a pedestrian (Beatrice) through a positive act clearly falls within a
A seller (Evelyn) negligently makes a false statement of fact regarding the turnover of a business to a buyer (Charlie), 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 Evelyn to induce Charlie to buy. 2. Remedy Under Section 2(1): The innocent party (Charlie) may: - Rescind the co
A director of Zephyr Services LLP (a private company limited by shares) wants to allot new shares to a new investor (Victor) to raise capital of £15,000. 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: Zephyr Services LLP is a *private* company limited by shares with *one* class of ordinary shares. 2. Apply Section 550: Directors of such a company hav
A claimant (Thomas) makes a valid CPR Part 36 settlement offer to the defendant (James) of £18,500. The defendant rejects the offer. The case goes to trial, and the claimant wins, obtaining judgment of £21,275. 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. Thomas's Offer: £18,500 - a valid Part 36 offer. 2. James's Decision: Rejected the offer and proceeded to trial. 3. Trial Outcome: Thomas wins £21,275 - which *exceeds* the Part 36 off
Prior to the formal incorporation of Zephyr Services LLP, a promoter (Ryan) 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 Ryan 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: Zephyr Services LLP had no legal existence when Ryan signed the contract. There was no legal entity to be bound. 2. Apply Section 51: The contract takes eff
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Paper Info
- Exam
- SQE
- Mock number
- 73 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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