Generic selectors
Exact matches only
Search in title
Search in content
Search in posts
Search in pages
Filter by Categories
nmims post
Objective Type Set
Online MCQ Assignment
Question Solution
Solved Question
Uncategorized

Q1: The Act of Parliament that enabled solicitors (in certain circumstances) to become judges was

View Answer

Answer: The Courts and Legal Services Act 1990.

Q2: The Privy Council holds which one of the following positions

View Answer

Answer: A court of appeal.

Q3: Which of the following is NOT a branch of the High Court

View Answer

Answer: The Supreme Division.

Q4: The Division of the High Court that would hear an application for the dissolution of a partnership is

View Answer

Answer: The Chancery Division.

Q5: The highest form of law from the EU is

View Answer

Answer: A Treaty Article

Q6: Following accession to the EU, the highest court in England is

View Answer

Answer: The Supreme Court.

Q7: In the event of a conflict between English law and the law of the European Union, the judges must

View Answer

Answer: Follow the EU law UNLESS there is a specific instruction by Parliament to the contrary.

Q8: The Factortame [1991] case was significant because it

View Answer

Answer: Established the change in the UK’s constitution giving judges the power to refuse to give effect to an Act of Parliament that breached EU law.

Q9: The European Economic Community was changed to the European Union in which treaty

View Answer

Answer: The Treaty of Maastricht.

Q10: Which of the following was NOT one of the aims of the original EC Treaty

View Answer

Answer: The removal of domestic taxation.

Q11: Citizenship of the EU, developed through the Treaty of Maastricht, provided many rights for citizens in the Union. However, which of the following is NOT such a right

View Answer

Answer: The unquestionable right to freely reside in any Member State without contributing to society.

Q12: The EU Commission has which function

View Answer

Answer: A body empowered to initiate legislation.

Q13: Following ratification of the Treaty of Lisbon, which EU institution was renamed the ‘General Court’

View Answer

Answer: The Court of First Instance.

Q14: A State Liability claim is made against

View Answer

Answer: The State or its emanation.

Q15: Which of the following organizations would NOT be considered an ’emanation of the State.’

View Answer

Answer: A private limited company.

Q16: Which of the following is NOT a test to establish a State Liability claim

View Answer

Answer: The claim must be heard initially at the Court of Justice of the European Union before proceeding to the domestic court.

Q17: Which of the following enforcement mechanisms has been held as inapplicable by the Court of Justice of the European Union

View Answer

Answer: Horizontal direct effect of Directives.

Q18: Which court has jurisdiction to hear claims for breaches of EU law under Article 258 TFEU

View Answer

Answer: The Court of Justice of the European Union.

Q19: To whom may an offer be made

View Answer

Answer: The entire world.

Q20: Acceptance is NOT effective if through

View Answer

Answer: The offeree’s non-communicated intention.

Q21: Michelle contacts Hannah and asks her if she would be interested in purchasing her car for £2000. Hannah immediately takes £2000 to Michelle and says she wants to buy the car. Michelle subsequently does not wish to proceed. What is the consequence of the above scenario

View Answer

Answer: There is no contract as Michelle only requested information and did not make an offer to sell.

Q22: Where the post is a valid means of acceptance, at what point will the offeree have been held to have accepted the offer

View Answer

Answer: When the letter of acceptance has been correctly addressed, its postage paid, and posted.

Q23: In relation to acceptance through instantaneous forms of communication, in which of the following locations have the courts held the contract as being formed

View Answer

Answer: The place where the acceptance is received.

Q24: Which of the following is NOT a recognized possible solution to problems posed by the so-called ‘battle of the forms’, when two contracting business organisations each claim that their terms apply

View Answer

Answer: There is no contract at all, because the parties are not in agreement, and there is no matching offer and acceptance.

Q25: Which of the following would NOT constitute a valid acceptance by Peter of an offer made by Jane

View Answer

Answer: Jane telephones Peter, offering to buy Peter’s valuable Persian rug. Peter says he will think about it. Later that day Peter telephones Jane, and tells her that he will be happy to sell the rug to her, and that the price is £500.

Q26: Which of the following are essential features of a valid simple contract

View Answer

Answer: Offer, acceptance, consideration, intention to create legal relations and certainty of terms.

Q27: Consideration, an essential element in the formation of a valid contract, may be identified as

View Answer

Answer: The ‘bargain’ element of a contract.

Q28: Which of the following is an example of good consideration

View Answer

Answer: Exceeding an existing duty.

Q29: Intention to create legal relations is presumed in which of the following relationships:
i) Husband and wife living together.
ii) Parties to a commercial contract.
iii) Husband and wife who are separated.
iv) Friends who are part of a lottery syndicate

View Answer

Answer: ii, iii and iv.

Q30: Which of the following does NOT have the right to enforce a contract

View Answer

Answer: Third parties to a contract concerning the carriage of goods.

Q31: Which of the following cases established the doctrine of promissory estoppel

View Answer

Answer: Central London Property Trust v High Trees House Ltd.

Q32: How would the courts deal with a clause in a contract for the sale of a horse which promised the seller an additional £5 fee if the horse proved to be lucky

View Answer

Answer: The clause would probably be held unenforceable due to lack of certainty.

Q33: Which one of the following is incorrect? Consideration must be

View Answer

Answer: Quantifiable (having a legal value) but not whimsical.

Q34: Which one of the following shows an intention to be bound

View Answer

Answer: A signature on a legal document.

Q35: When a contract has been agreed on the basis of a fraudulent misrepresentation, which of the following remedies are available

View Answer

Answer: Both damages and rescission.

Q36: In the case of misrepresentation, which of the following would NOT be actionable

View Answer

Answer: A statement of opinion without fact.

Q37: How is economic duress evidenced in the agreement to a contract?
i) Evidence of a bad bargain.
ii) Illegitimate pressure.
iii) A false statement that has induced the other party into the contract.
iv) There was no other option for the claimant than to accept the contract

View Answer

Answer: ii and iv.

Q38: An advert is placed in a shop window offering a reward for anyone who will find and return a lost cat. This is an example of

View Answer

Answer: A unilateral contract.

Q39: To identify a misrepresentation there must be:
i) A statement of material fact (not opinion) that induces the other party into the contract;
ii) A representation that was false;
iii) The innocent party believed the statement to be true; and
iv) The representation induced the party into the contract

View Answer

Answer: All of the above

Q40: Which one of the following is NOT an accurate statement about misrepresentation

View Answer

Answer: A misrepresentation can never be constituted by silence.

Q41: Which one of the following is NOT incompetent to contract owing to lack of capacity

View Answer

Answer: Those over 75.

Q42: Which of the following is NOT a method used by the courts to identify a term from a representation

View Answer

Answer: The parties’ non-expressed intentions as to the classification of the term.

Q43: Terms are implied into contracts:
i) By the courts.
ii) By statue.
iii) By custom.
iv) With reference to the previous dealing’s of the parties

View Answer

Answer: All of the above

Q44: A warranty can be classified as

View Answer

Answer: A lesser term.

Q45: Which of the following is NOT a valid method of including an exclusion clause into a contract

View Answer

Answer: Including the exclusion clause on the back of a receipt provided when purchasing food.

Q46: What will be the effect where the nature of an exclusion clause is misrepresented by the party wishing to rely on it

View Answer

Answer: It will fail to protect the party attempting to rely on it.

Q47: Where the courts interpret an exclusion clause contra proferentem, what does this mean

View Answer

Answer: The clause is interpreted against the party who wishes to rely on it.

Q48: Which of the following is not a type of term

View Answer

Answer: A representation.

Q49: In which of the following circumstances will sections 14(2) and 14(3) of the Sale of Goods Act imply terms into a contract

View Answer

Answer: In all situations where consumers purchase goods from someone acting in the course of business.

Q50: Under the Unfair Contract Terms Act, the reasonableness of an exclusion clause is NOT assessed by

View Answer

Answer: Whether the term was a bad bargain for the party.

Q51: Which of the following is NOT a factor in assessing the ability to claim under the Consumer Protection Act

View Answer

Answer: The claimant has demonstrated negligence on the part of the supplier.

Q52: Which of the following are defences to a claim under the Consumer Protection Act?
i) Compliance with the law.
ii) Non-supply of the product.
iii) The defect did not exist at the time of supply.
iv) The risk was acceptable in development

View Answer

Answer: All of the above

Q53: In assessing the quality of goods as provided for in section 14(2) of the Sale of Goods Act 1979, which of the following is NOT a consideration

View Answer

Answer: Whether the good cost over £100.

Q54: Which one of the answers below is incorrect when applied to the Sale of Goods Act 1979

View Answer

Answer: That goods must be of ‘reasonable quality’.

Q55: Which one of the following is NOT a necessary condition for a ‘consumer contract’ by virtue of s.12(1) of the Unfair Contract Terms Act 1977

View Answer

Answer: In contracts for the sale of goods, the contract is one into which it is reasonable for parties dealing as a consumer to enter.

Q56: Which one of the following is the only CORRECT statement? The Supply of Goods and Services Act 1982

View Answer

Answer: Implies a condition that services will be undertaken reasonably.

Q57: Which of the following is NOT an equitable remedy

View Answer

Answer: Damages.

Q58: When will the courts make an order of frustration of contract?
i) When the contract becomes impossible to perform with no fault of either party;
ii) When the contract becomes radically different from that agreed by the parties with no fault of either party;
iii) When the contract becomes too expensive to be profitable;
iv) When the contract cannot be performed in the exact manner specified in the agreement

View Answer

Answer: i and ii.

Q59: Breach of which term would always entitle the innocent party to repudiate the contract

View Answer

Answer: A condition.

Q60: When faced with a breach of contract, what action will the court expect the injured party to take

View Answer

Answer: To mitigate his/her losses.

Q61: Which one of the following is the CORRECT statement

View Answer

Answer: Failure to comply with an order for specific performance will make the defendant liable to proceedings for contempt of court.

Q62: Which one of the following cases first decided the two-stage test to be applied when considering the issue of remoteness of damage in the law of contract

View Answer

Answer: Hadley v Baxendale (1854).

Q63: The three elements required to establish a claim for negligence does NOT include

View Answer

Answer: A contractual agreement outlining the potential liability of the defendant.

Q64: The criteria required in establishing a duty of care owed to the claimant does NOT include

View Answer

Answer: A prior agreement to accept the duty.

Q65: For an action in nuisance to succeed, which of the following are necessary:
i) The claim is only possible by the owner of the affected land.
ii) There must be damage associated with the nuisance.
iii) The damage caused must have been reasonably foreseeable.
iv) The nuisance must have been due to the malice of the defendant

View Answer

Answer: ii and iii.

Q66: The case Donoghue v Stevenson involved which of the following facts

View Answer

Answer: The claimant suffered shock and severe gastro-enteritis following the presence of the remains of a snail in a bottle of ginger beer.

Q67: In the case of Spartan Steel v Martin and Co. Contractors Ltd. [1973], it was held that the claimants could receive damages for

View Answer

Answer: Damages only for the losses associated with the physical damage (damage to the furnace and the ‘lost’ molten metal).

Q68: Which of the following is NOT one of the factors that establish when liability for a negligent misstatement will be imposed

View Answer

Answer: The advice is volunteered by the adviser, in the absence of a request.

Q69: Which of the following may claim damages for a psychiatric injury when in the zone of physical danger and fearing for his/her own safety

View Answer

Answer: The claimant held as a primary victim.

Q70: To be held by a court as a secondary victim, which of the following is NOT one of the tests used

View Answer

Answer: The claimant must have feared for his/her personal safety.

Q71: When faced with a claim from an employee that he/she is suffering from stress due to their workload, what action must an employer take

View Answer

Answer: The employer must take reasonable steps to reduce the employee’s workload.

Q72: For claim to proceed in an action under the Consumer Protection Act 1987, the damage claimed must exceed

View Answer

Answer: £275.

Q73: The ‘defendant’ identified in the Consumer Protection Act 1987 includes which of the following:
i) The manufacturer.
ii) The importer.
iii) A supplier.
iv) A marketer

View Answer

Answer: All of the above

Q74: To establish an employer’s vicarious liability for a tort, which TWO of the following criteria are necessary?
i) Employee status of the original tortfeasor.
ii) The employer must have been directly responsible for the tort.
iii) The employee must have been continuously employed for at least one year.
iv) The tort was committed in the ‘course of employment.’

View Answer

Answer: i and iv.

Q75: For which of the following is an employer NOT liable

View Answer

Answer: Criminal acts committed by an employee not connected with that employment.

Q76: The term ‘course of employment’ does NOT include

View Answer

Answer: The employee deviates from a task, travelling in the opposite direction to where he/she is instructed, on his/her own business.

Q77: In which situation will an employer be liable for the torts of independent contractors:
i) Where an employer is not at fault but the independent contractor does not have his/her own insurance.
ii) If the tort was ratified or authorised by the employer.
iii) Where the employer owes a duty for the health and safety of their employees.
iv) Where the law / statute imposes a duty on the employer that may not be delegated

View Answer

Answer: ii, iii and iv.

Q78: To establish a claim of a breach of statutory duty, the following criteria must be satisfied:
i) The defendant owes a duty to the claimant through a statute.
ii) The damaged being claimed was of a kind contemplated by the statute.
iii) The duty was breached by the defendant.
iv) The claimant suffered a loss as a consequence of the defendant’s breach

View Answer

Answer: All of the above

Q79: Which test is used to most commonly (and effectively) identify employment status

View Answer

Answer: The mixed / economic reality test.

Q80: Which of the following features are the most indicative of an ’employee’

View Answer

Answer: The existence of control by the employer, mutuality of obligations, and that the individual is not in business on his/her own account.

Q81: Decisions by the Employment Tribunals assessing employment status are based on

View Answer

Answer: A mix of law and fact.

Q82: Which of the implied terms in a contract of employment is often considered the most important

View Answer

Answer: The duty of mutual trust and confidence.

Q83: The written statement of particulars has to be provided to employees when

View Answer

Answer: Within two months of the commencement of employment.

Q84: The common law test of establishing the status of employment of a worker through ‘integration’ in Stevenson, Jordan and Harrison v Macdonald and Evans was flawed because

View Answer

Answer: The term ‘integration’ was not defined.

Q85: According to Hall v Lorimer, how should tribunals approach the tests established through the common law when assessing an individual’s employment status

View Answer

Answer: The tests should not be proceeded through mechanically.

Q86: The case of Montgomery v Johnson Underwood established which TWO tests necessary to establish employment status, before the tribunal proceeds to the remaining tests?
i) Control exercisable by the employer;
ii) The intentions of the parties;
iii) Mutuality of obligations;
iv) Any employment status identified in the contract of employment

View Answer

Answer: i and iii.

Q87: In relation to an employer providing an employee with work, the following is correct

View Answer

Answer: The employer will only be under a duty to provide work where the nature of the job so demands.

Q88: Which of the following would establish a dismissal under the common law

View Answer

Answer: A resignation made due to the threat of a dismissal.

Q89: Which of the following situations would NOT enable the employer to summarily dismiss the individual

View Answer

Answer: Refusal to falsify company accounts.

Q90: Which of the following qualifications is required to enable a claim under wrongful dismissal

View Answer

Answer: A fundamental breach of the contract by the employer.

Q91: For the purposes of a claim through redundancy, in which of the following circumstances will a dismissal have been deemed to take place

View Answer

Answer: The employer has ceased to continue to carry on the type of work that was previously undertaken by the employee.

Q92: Which of the following would NOT constitute an automatically unfair selection for redundancy

View Answer

Answer: Due to an agreement between the employer and the employees’ representatives (such as ‘last in first out’ in a section of the workforce where everyone performs the same job).

Q93: Under the Trade Union and Labour Relations (Consolidation) Act 1992, when must an employer begin the process of consultation with regards to a redundancy situation involving 20 or more employees

View Answer

Answer: When the employer is contemplating making redundancies.

Q94: Where an employer has offered an employee (who is subject to redundancy) alternative employment, this is considered a trial engagement to assess its suitability for the employee for how long

View Answer

Answer: Four weeks.

Q95: Which of the following is a potentially fair reason to dismiss an employee when the dismissal is connected with a transfer covered by TUPE 2006

View Answer

Answer: An economic, technical or organisational reason.

Q96: As a bare statutory minimum, an employee who has worked for the employer continuously for five years is entitled to how much notice

View Answer

Answer: Five weeks.

Q97: The automatically unfair reasons to dismiss an employee include:
i) Dismissal due to a spent conviction.
ii) Dismissal due to a transfer of the undertaking protected under TUPE 2006.
iii) Dismissal due to the worker’s capability.
iv) Dismissal due to the worker being pregnant

View Answer

Answer: i, ii and iv.

Q98: Under the Burchell principles, which of the following is NOT a requirement to be followed as identified in the judgment

View Answer

Answer: The employer has obtained proof of the employee’s actions (such as from a criminal prosecution).

Q99: Under the Equality Act 2010, ‘pay’ does not include which of the following

View Answer

Answer: Expenses.

Q100: The comparator that may be used in an equal pay claim does NOT include which of the following

View Answer

Answer: The successor of the claimant.