Free SQE Mock Test 90 — 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 90
applaa-sqe-mock-90.pdf · 20 questions
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8 of 20 shownCorrect answers highlighted in green. Full explanations included.
A driver (Kate) crashes into a pedestrian (Philip) 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 ('Kate') causing physical injury to a pedestrian (Philip) through a positive act clearly falls within an
A driver (Fiona) crashes into a pedestrian (David) 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 ('Fiona') causing physical injury to a pedestrian (David) through a positive act clearly falls within an
Prior to the formal incorporation of Apex Retail plc, a promoter (George) 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 George 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 George signed the contract. There was no legal entity to be bound. 2. Apply Section 51: The contract takes effec
An employee of Vanguard Industries plc negligently injures a customer (Jack) while driving a company delivery van to make a scheduled delivery. The customer sues Vanguard Industries 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 Vanguard Industries plc (not an independent contractor). 2. Course of Employment Test: Was the tort committed while p
A claimant (Matthew) has brought an action against a defendant (Rose) in the County Court for breach of contract, claiming £350,000 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 £350,000. 2. Apply the Track Thresholds: - Small Claims Track: £10,000 (for most claims; £1,000 for personal injury/housing disrepair) - Fast Track: > £10
A driver (Isabella) crashes into a pedestrian (Oliver) 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 ('Isabella') causing physical injury to a pedestrian (Oliver) through a positive act clearly falls within
A claimant was injured when a defendant (Fredrick), who was engaged in failing to secure scaffolding, 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: Fredrick 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
An employee of Titan Infrastructure plc negligently injures a customer (Mila) while driving a company delivery van to make a scheduled delivery. The customer sues Titan Infrastructure 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 Titan Infrastructure plc (not an independent contractor). 2. Course of Employment Test: Was the tort committed while
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Paper Info
- Exam
- SQE
- Mock number
- 90 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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