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All SQE mocks

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SQE · Free Mock Test 9 of 250

Free SQE Mock Test 9 — 20 Questions + Full Answers

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Applaa SQE Mock Test 9

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Sample Questions — SQE Mock 9

8 of 20 shown

Correct answers highlighted in green. Full explanations included.

FLK1

Prior to the formal incorporation of Apex Retail plc, a promoter (Edward) 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 Edward 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: Apex Retail plc had no legal existence when Edward signed the contract. There was no legal entity to be bound. 2. Apply Section 51: The contract takes effec

FLK1

A customer (Quinn) 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

FLK1

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

FLK1

A customer (Nora) 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

FLK1

A customer (Alice) 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

FLK1

A claimant (Fredrick) has applied for summary judgment against a defendant (Mia) under CPR Part 24. What is the test that the court must apply to determine whether summary judgment should be granted?

A.The claimant must prove the case beyond all reasonable doubt.
B.The defendant has no real prospect of successfully defending the claim, and there is no other compelling reason why the case should be disposed of at trial.
C.The value of the claim must be less than £10,000.
D.The defendant has failed to acknowledge service of the claim form within 14 days.
E.The dispute involves questions of international law.

✓ Worked Explanation

Core Concept: Summary Judgment under CPR Part 24 Summary judgment allows a party to obtain judgment *without a full trial* where the opposing party's case has no real prospect of success. It is a cost-effective tool that avoids unnecessary litigation. Step-by-Step Resolution: 1. Who Can Apply: Either the claimant or defendant can apply for summary judgment under CPR Part 24.2. 2. The Test: The court will grant summary judgment if: - The defendant has no real prospect of successfully defendin

FLK1

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

FLK1

A claimant (Quinn) has brought an action against a defendant (Beatrice) in the County Court for breach of contract, claiming £12,000 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 £12,000. 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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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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Each Applaa SQE mock test contains 20 functioning legal knowledge questions with worked explanations, mirroring the question style of the real SQE1 assessment.

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