4, , Unt 2 InCommonwealth Caribbean jurisdictions; the MAIN function of tort law is to (A) punish offenders by imposing stitt penalties (B) rehabilitate offenders by means of counseling V@ compensate victims affected by ‘wrongful conduct, (D) encourage victimsto seek alternative dispute resotution Self-defence, consent and parental authority are all defences to () battery (B) _falseitmprisonment (C)__ malicious prosecution (D) negligence ibe In order for an individual to prove public nuisance, he bas to show that he has suffered (A) greatloss (B) much wrong 2) particular damage (@) substantial injury The remedy of abatement in the law of nuisance allows a party to (A). claim damages for the nuisance we cut. and return neighbour's overhanging branches (© obtain an order to stop the nuisance @) reach an amicable settlement with the neighbour Which of the following descriptions of a defendant’s conduct does NOT apply to the tort of battery? (A) Direct (B) Hostile Insulting / (D) Intentions ; 0 CAKE AL playing cricket with his friends. While retrieving a ball from Mr Jones" land, Christopher is struck by a stone from Mr Jones’ quarry. Mr Jones owes Christopherat common law a duty Os ofcommonbumanity = * (B) _ toensure that he is safe (©) towarmhim of concealed traps. (D) to exercise reasonable care to prevent damage from unusual danger ‘An employer is said to be vicariously liable for the torts committed by anemployee during the course of his or her employment because wer the employer is usually financially able to pay the damages awarded (8) the employer usually deducts insurance premiums from the employee's salary (©) the employee is an agent of the employer ©) vicarious liability isa matter of public policy Which of the following is NOT true of the control test? (A) The work done by the employee is an integral part of the business, JB) The employer controls what the employee is to do and how he is to doit (©) Theemployerhires and dismisses the employee and pays his wages, (D) The employer directs how the work is to be done and relies on the employee’s expertise, GSOONTOTHENRYT Rane | / ‘Scanned with CamScannet10. 11. io Which of the following is NOT a private nuisance? (A) The defendant’s actions result in physical injury to the plaintiff's property. (B) The defendant causes substantial interference with the plaintiff's use and enjoyment of his property. @ The plaintiff can show that the defendant's wrongful action has caused him particular damage over and above other members of the community, (D) —_Theplaintiffis impeded from entering upon his property, arising from the . defendant's blockage of his access to the property. Which of the following is NOT an impact of a defamatory statement? @ —_ Damagingaperson’s financial status (B) _Discrediting a person in his trade or profession (C) _ Exposingaperson to contempt (D) Lowering person in the estimation ofhis friends The defence of absolute privilege under defamation is covered by statements made in I. proceedings of the legislature I. the performance of a legal, moral or social duty TI. the course of and with reference to judicial proceedings by any judge, juror, advocate, party or witness (A) — Tonly @®) — IandIonly @ IandUonly ©) Wendi only. 12. 13. Mr Slim’s petmonkeys escape from their cage and devour Mr Fatt’s ripe guavas and bananas. Which of the following would NOT be considered in determining Mr Slim’s liability toMr Fatt? Monkeys are known to be playful, cute, and to love ripe fruits, so they would not have done otherwise than they did. The owner, Mr Slim, was in fall control of the monkeys and would be liable for damage caused by their escape. Monkeys are known to be animals of a vicious or dangerous Propensity, not suited to be kept as pets. The liability for animals, such as monkeys, is strict. (A) ®) © @) Janet works at Lextel Limited and has done so for 25 years. Janet has noticed some cracks in the floor boards and the delapidated condition of the building but Janet continues towork there. One day, she twists her ankle after the heel of one of her shoes is stuck in the floor boards. Which principle of law is MOST applicable in the above scenario? I. Volenti non fit injuria II Occupiers’ liability TIL Employers’ liability IV. Vicarious liability A) ®) vw ® @) Tand I only Tand IV only Mand only 1,0, WandIv ‘Scanned with CamScannet15. 16, “4. 14, Ellie receives a text message from Tom, 17. ‘Mandy’s father, that her god-daugher, Mandy, was in a terrible accident and had to be hospitalised. Elie faints and falls, breaking her wrist. It was later revealed that the accident was caused by Ron’s dangerous diving. Which of the following is TRUE? (A) As Mandy’s god-mother, Ellie qualifies asa foreseeable plaintiff. (B) _Elllie’s position is not affected by the 18. fact that Mandy is her god- daughter and not her daughter, (C) Billie can succeed in an action against ‘Tom for nervous shock. (D) Ellie cannot succeed in an action against Ron for nervous shock. sl 19. For which of the following propositions is the leading case of Hedley Bryne v. Heller NOT an authority? (A) A negligent misstatement, whether spoken or written, and which in 20. causes financial loss may give rise to an action in damages for negligence. (B) Damages for economic loss can only berecovered where the loss arises from negligent misstatements. (C) If the maker of the statement provides a disclaimer for the statement, he will not be liable. 21. (D) Liability fornegligent misstatements does not require that there be a contractual relationship. Anoffer to keep acontract open fora specific time is BEST described as ~ (A) anoption (B) unenforceable valid (PD) voidable Which of the following is NOT a comect description of contracts for necessaries? (A) Executory in nature (B) —_ Largely associated with the capacity of infants to enter into contracts v ‘Must be beneficial to the infant (D) Preserve the lifestyle of minors to purchase materials to which they are acustomed The effect of the doctrine of frustration is to lA make a contract void ab initio (B) . make a contract voidable (C) terminate past performance (D) terminate future performance A contract CANNOT be discharged by (A), acceptance ABT agreement (©) frustration (D) performance The effect ofillegality ona contractis to make the contract (A) contrary to public policy (B) outrageous to public morals @) void ab initio @) — voidable. A negligent misrepresentation is a statement whichis * (A) _ neither true nor false (B) known to be false, or made without belief in its truth (C) made by a person.who honestly and reasonably believed it to be true @) false and made by a person who had no réasonable grounds for believing it to be true ‘Scanned with CamScannet22, 23, A condition isa term (A) inacontract which a party may or ‘may not fulfil @ of fundamental importance in a conract, which goes to the rootof the contract (©) of lesser importance, breach of which will give rise only toaclaim in damages (D) thatcan be implied into a contract by the courts Alice and Sita are'neighbours and they work at the same factory, some twenty miles away from their homes. Both drive their private, cars to work daily. In an effort.to reduce their transportation costs, they agree to car pool, each one driving on alternate weeks. The plan goes well for a while until Alice has to have repairs done to her car. Sita insists that Alice should contribute to buy gas for her car for those weeks when Sita would not have driven. Which of the following is CORRECT? (A) An arrangement such as this is not intended to be binding on the parties. . Itis unfair for Sita to require Alice to contribute to buy gas while Alice’s car is being repaired. It is unlikely that the courts would hold this agreement as one which is intended to create legal relations. This is an agreement that the courts could hold as intending to create legal relations. @) @) 24. 25, 26, Anderson agrees to sell his car to Maria. Maria makes a deposit on the car. Before Anderson can deliver the car to Maria, itis involved in an accidentand is deemed beyond repair by the insurance company. Anderson returns Maria’s deposit, but Maria commences legal action against him insisting that he delivers thé car. Anderson can rely on (A) duress © frustration” (©) __pastconsideration (D) _ performance John, who is intoxicated, agrees to a contract to provide services for Andrew at a reasonable price, agreeing to counthis losses. John now changes his mind. This contract is @) enforceable because the parties provided consideration B) enforceable because both parties to the contract agreed to its terms (©) __ unenforceable because the contract does not favour John (©) unenforceable because John was intoxicated when he agreed to it Sharda runs an apartment called the “Secret Edge”. It is sometimes known for loose moral behaviour, Alex, a police officer, isa regular patron. One day, he decides not to pay for the use of the apartment and Sharda threatens to report him to his superiors. ‘Which of the following applies to Alex and Sharda with respect to their legal rights? (A) Alex can be sanctioned as he is a police officer and must uphold the law. : (B) Alexis bound to pay as Sharda has provided consideration. (©) Sharda can rely on a course of dealing to enforce the contract. ‘The contract is tainted with illegality and is therefore void and unenforceable. ® GO ONTO THE NEXT PAGE ‘Scanned with CamScannet21. 28. 29. [tem27 refersto the statement below. On 14* September, 2009, Daniel offered to sell 100 watches to Steve at $1000 each. On 15% September, 2009, Steve deposited a properly addressed acceptance in the mail. 020 September, 2009, Daniel received the letter. To be a valid revocation, on which of the following dates in September 2009, can Daniel revoke his offer? @ ®) 15% OQ 16 ©) 208 ‘Which of the following is contract? A husband agrees to send his wife support while working abroad, @® A andlord teases premises to tenants but denies them access to it. Sally gives Susie her laptop but changes her mind and takes it back. Troy offers to sell his vehicle for $1000 but Andrea agrees to buy it for $950. (a) © @) Which of the following is NOT good consideration? (A) Completion of chores in return for meals @®) Part payment on the prescribed date for completion of acontract (©) Partpayment prior to deadline at the Tequest of one party to a contract () Payment in the form of goods __ Provided instead of money 30. 31. 32. 33. Pete promises to give a new car to his daughter Janicia ifshe gets first classhonours in her final year examinations at University. Janicia works hard and gets first class honours. Pete loses his job just before she graduates and is unable to fulfil his promise, Based on facts stated above, which of the following is NOT true? By working hard and getting first class honours in the examination, Janicia has shown acceptance and consideration. Pete may be liable for his promise. Pete may be able to avoid liability by persuading the court that he had no intention to create legal relations. There can never be a contract between Pete and Janicia as she ishis daughter. “” ®) © @) Which of the following BEST describes real property? (A) Anything capable of ownership ©) Freehold interests inland (©) Leasehold interests in land ©) — Moveable assets of great value Anhouse isan example ofa (A) leasehold B freehold (©) chattelspersonal 2) chattels real Which of the following types of estate is equivalent to complete ownership of the land? (A) Equitable interest BD Feesimple (©). Lifeestate ©) — Tenancy-in-common ‘Scanned with CamScannet36. -7- ‘Which of the following does NOT describe lease? 34, Aninterest in land Exclusive possession Fora specified period Can be terminated at any time (a) @) © @Q ‘Wherea landlord causes the electricity supply to be cut off in order to get rid of a tenant, the landlord is in breach of the convenant 35. (A) @) @ @) for fitness of habitation forquietenjoyment not to derogate from grant not to interfere with the tenant's utilities Which of the following concepts of property Jaw requires a dominant and servient teriement?” Easement Lease Joint tenancy Tenancy-in-common ®) © @) Under which of the following types of tenancies does the tenant occupy the premises without the consentoof the landlord? (A) Fixed period leases (B) Tenancy at will @ Tenancy at sufferance, (D) Yearly tenancy A situation in which A grants permission to B to cross his land is BEST described as Oo easement . (B) equitable interest, (C) lease (D) licence 39. 40. 41. 42, Which of the following is NOT a remedy available to the mortgagee of a legal mortgage? (A), Foreclosure [Been (©) Powerofsale (D) Take possession Lynette transfers her house by a Deed of Gift “to my six children, share and share alike”. ‘Under the deed, Lynette’s children are @ _jointtenants (B) and tenants (© life tenants (D) _tenants-in-common Items 41 - 42 refer to the facts stated below. Mr Stephen Stern made a deed of conveyance which conveyed his house from himself to his wife, Olivia, and himself for life and remainder to his two daughters, Jean and Jenette, ‘The BEST description of Mr Stern and his wife, Olivia, are (A) owners @® iifetenants (©) remaindermen (D) — tenants-in-common ‘Their daugliters, Jean and Jenette are (A) __jointtenants ®) _lifetenants (©) tenants-in-common @® remaindermen ‘Scanned with CamScannet Mr 43.Apaurat & Lt -8- 43. Mr Sym owns fifteen acres of land in the countryside. He asks his neighbour Jango to. do him a favour and look after the land for him, After two years, Mr Sym and Jango have a disagreement and he orders Jango to have nothing more to do with his property. ‘Whatis the type of licence in this situation? OY Bare (B) Contractual (©) __ Licence coupled with a grant (D) Licence with estoppel 44, 45. Items 44 - 45 refer to the facts stated below. Reva, aged 43, was married to Rover, aged. 45. Reva had a daughter Angel from a previous marriage and Roverhad sons Hamm and Bone. They had one nineteen-year-old daughter, Effie, together. Reva and Rover ‘were the owners of a five-bedroom house as. joint tenants. Last year, while Reva and Rover were on their way to a vacation, the plane crashed and they died. Who would inherit the five-bedroom house? (A) Angelonly 4B) = AngelandEffie only (C) Hamm, Bone, Angel and Effie ©) Effieonly . Which of the following is NOT true? (A) As Roveris the older of the two, he is presumed to have died first. @ Equity will ensure thatall the children share equally in the property. (C) These facts illustrate the principle of the jus accrescendi. () The joint tenancy is severed by the deaths of Reva and Rover. IF YOU. FINISHBEFORE TIME IS CALLED, CHECK YOUR WORK ONTHISTEST. ‘Scanned with CamScannet2© | / oh Aw Ula ‘The term actionable per se means without proof of damage (B) fault (C) liability (©) malice ‘Which of the following does NOT constitute a means by which libel is committed? (A) Book Gesture (C) _ Pamphlet (D) | Newspaper In order for an individual to prove public nuisance, he has to skow that he has suffered (A) great loss @), wmch wrong \@ particular damage >@) substantial injury ‘Which of the following is NOT an assault? (A) A threat uf Physical contact (C) Words alone (D) Words accompanied by an act ‘The “neighbour principle” was enunciated in the case of Donoghue . Stevenson (B) Hedley Byrne v. Heller (©) MeLoughlin v. O'Brian (D) The Wagon Mound (1) Items below ‘The remedy of abatement in the law of nuisance allows a party to (A) _ claim damages for the nuisance @® cut and return neighbour's overhanging branches (©) __ obtainan order to stop the nuisance (D) _ reach an amicable settlement with the neighbour ‘Ten-year-old Christopher is playing cricket with his friends. While retrieving a ball from Mr Jones’ land, Christopher is struck byastone from Mr Jones’ quarry. Mr Jones owes Christopher at common law a duty @® of common humanity (B) to ensure that he is safe (C) to warn him of concealed traps (D) to exercise reasonable care to prevent damage from unusual danger Inaclaim for defamation, the plaintiff must prove that the words I. were published I lowered him in the eyes of right- thinking members of society ¥ MM. lowered him in the minds of a particular section of the community @ Land Tonly (B) Land If only (©) Wand Monly @) 1, Mand mt Scanned with CamScannetyo mel OFF” 10. u. -3- tems 9-10 refer to the situation described below. Gary, 0 passenger in Jimmy's car, failed fo wear a seatbelt. The car mounted the __pearby pavement, knocking over Melissa, passerby, Gary sustains severe injuries ag a result of the impact. “What defence can Jimmy use with respect to Gary’s injuries? Res ipsa loquitur (B) — Yolenti non fit injuria © Contributory negligence () Negligence ‘What is LIKELY to be the legal basis of ‘Melissa’s claim? va, @ Breach of duty (®) Damages (©) Volenti non fit injuria (D) Res ipsa loguitur s ‘The defence of absolute privilege under defamation is covered by statements niade in I. proceedings of the legislature I __ the performance of a legal, moral or social duty TI. the course of and with reference to judicial proceedings by any judge, juror, advocate, party or witness (A) only @) Land Ionly @ [and Ionly (@) ‘Wand Monly 12. 13. Item 12 refers to the following dictum of Alderson B in Blyth v. Birmingham Waterworks. “Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.” Which of the following would apply in adjudging a defendant's liability for breaching the duty of care? © y I. How farhe contemplated the likely harm Il How foreseeable the risk was to him I. How useful or important his conduct was likely to be @® land ionly (®) Land only (©) Mand Monly (D) 1, Hand Janet works at Lextel Limited and has done so for 25 years. Janet has noticed some cracks in the floor boards and the delapidated condition of the building but Janet continues to work there} One day, she twists her ankle after the heel of one of her shoes is stuck in the floor boards. ‘Which principle of law is MOST applicable in the above scenario? L Volenti non fit injuria I —_Oceupiers’ liability I. Employers’ liability TV. Vicarious liability (A) Land Ionly (B) Land IV only Iand Il only 1,0, Wand IV oe ©) ‘Scanned with CamScannet15. 16. 14. 22. ep i f the following is NOT a the following is NOTa difference 17. Which © correct ae theLaw oeTort ‘and Criminal Law? description of contracts for necessaries? © Criminal Law has an element @® —_Executory in nature . of “deterrence” as seen in the (B) Largely associated with the capacity sanctions imposed, while tort of infants to enter into contracts does not. (©) Must be beneficial to the infant (B) The main purpose of criminal (D) Preserve the lifestyle of minors to law is to punish wrong doers purchase materials to which they whose actions affect the public at are accustomed large, while tort seeks to protect persons whose private rights 4g _Misrepresentation operates in law to make have been infringed. contract (©) Incriminal law, fines are paid to the state while in tort compensation . is made to the plaintiff or his ict pea beneficiaries. iy ern () The standard of proof in tort is as different from that in criminal eee Jaw. 19. The contra proferentem rule applies to the law of Alpha Distributors places notices in all its vehicles that only its employees may be QS exclusion clauses transported in the vehicles. Henry, a driver, (B) implied terms takes a van owned by Alpha Distributors (C)__ innominate terms to the garage for repairs. George, one (D) parol evidence of the mechanics, asks him for a lift tc collect some urgently needed items to 5 . a eae cei ka aloo] longa Dap eager ap of illegality on a contract is to Alpha Distributors. Henry agrees, but has Sena an accident on the way to collect the items. * , Both he and George are injured. Alpha (A) contrary to public policy Distributors is liable to (B) outrageous to public morals (GY void ab initio (A) George only )—voidable (B) Henry only both George and Henry 21. For a statement to be regarded as a term 8 neither George nor Henry of a contract it must be different from @ statement of Aunilateral contract is a promise IL amopinion * Il. —_apromise to act ina certain way in (A) in exchange for a promise the future @® _inexchange for an act I. anexisting fact (C) _ todo something for another VV. lw (D) to fulfill an obligation @ Land only (@® __IandIVonly (©) Wand only (@) Wand IV only GO ONTO THE NEXT PAGE ‘Scanned with CamScannetqyoortov’ © + 22. 23. 24, 25. Which of the following persons can execute an enforceable contract? I. Aminor, in some circumstances ~ IL — Aminor, for all circumstances i. Alunatic @ only ®) Tonly (©) Land IM only (©) Wand If only Itis NOT true that consideration (A) flows from the:promisee , (B) must be sufficient AQ maustbe adequate (D) _ is aright or other benefit that one party gainsand loss or detriment suffered by another Anderson agrees to sell his car to Maria. Maria makes a deposit on the car. Before Anderson can deliver the car to Maria, it is involved in an accident and is deemed - beyond repair by the insurance company. * “anderson returns Maria’s deposit, but Maria commences legal action against him insisting that he delivers the car. To refute Maria’s action, Anderson can rely on (A) duress frustration (©) past consideration (@) performance The agent of the guest house described it in an advertisement as “let to Mr. Frederick Fleck (a most desirable tenant)”. In fact, the tenant Was in arrears with his rent. This is an example of (A) affirmation (B) mistake Q@__ mriscepresentation (D) negligence 26. 27. 28. ‘Sharda runs an apartment called the “Secret Edge”. It is sometimes known for loose moral behaviour. Alex, a police officer, is aregular patron. One day, he decides not to pay for the use of the apartment and Sharda threatens to report him to his superiors. ‘Which of the following applies to Alex and Sharda with respect to their legal rights? (A) Alex can be sanctioned as he is a police officer and must uphold the law. (B) Alexis bound to pay as Sharda has provided consideration, (C) Sharda can rely on 2 course of dealing to enforce the contract. @®) The contract is tainted with illegality and is therefore void and unenforceable. Item 27 refers to the statement below. On 14 September, 2009 Daniel offered to sell 100 watches to Steve at $1600 each. On 15 September, 2009 Steve deposited a properly addressed acceptance in the mail. On 20 September, 2009 Duniel received the letter. To be a'valid revocation, on which of the following dates in September 2009, can Daniel revoke his offer? @ @) 15 © 16 @) - 20 ‘The doctrine of privity of contract has its basis in the principle of (A) offer (B) capacity (C)__ acceptance consideration ‘Scanned with CamScannet29. 30. ‘Ann owns a famous painting which she promises to lend to Kimani for three months as part of an exhibition of local masters. Kimani promotes Ann's painting as the central attraction. A week before the exhibition opens, Ann sells the painting to Corey. Which of the following is NOT correct? (A) Kimani may seek damages against Ann. @© Corey is obliged to lend the painting to Kimani. (©) Corey is not obliged to lend the painting to Kimani. @) If Corey was aware of the arrangement between Kimani and Ann, the Courts may be minded to place a burden on him. Mr Sinclair gives his three sons, Peter, James and John, a house that needs renovation. They all agree that since Peter is living in the house he could go ahead and repair it and they would refund him his money. Peter repairs the house and then gets his rothers to sign the agreement for the refund. James signs the agreement and then migrates without paying his part of the expenses. Peter seeks advice on whether he can enforce the agreement with James. Which of the following statements is accurate? (A) There is no contract as there is no intention to create legal relations. @® = There is no contract as past consideration is not good consideration. (©) There isno contract because James signed the agreement after the repairs were completed. (D) There is an enforceable contract because James entered into the agreement before Peter did the repairs. 31. 32. 33. 34, 35. Wh Pro 36. Which of the following statements BESy describes real property? @©) Freehold interests in land (B) Leasehold interests in land (©) Moveable assets of great value (D) Anything capable of ownership Aight in alieno solo is known as (A) fixture (B) —atenancy (©) acovenant @y — ancasement ‘Which of the following types of estate is equivalent to complete ownership of the land? (A) Equitable interest @ Feesimple (©) Life ectate (D) Tenancy-in-common An equitable interest is a right in (A) rem (B) _ alieno solo © — personam ©) possession Which of the following is NOT true about a lease? (A) Itis a term of years. @®> _Itcan be terminated at any time. (©) Thelesseehas exclusive possession, (@) The lessee has an interest in land. ‘Scanned with CamScannet36. 37. 38. 39. 40. Te Which of the following concepts of property law requires a dominant and servient tenement? o © ©) Easement Lease Joint tenancy ‘Tenancy-in-common ‘Under which of the following types of tenancies does the tenant occupy the premises without the consent of the landlord? 1c) 8) © ©) Fixed period leases Tenancy at will Tenancy at sufferance ‘Yearly tenancy “Tenancy-in-common’ comprises unity of 1) @) S — ‘Kween has leased her hows to Esther for three years ata monthly rental of $1,500.00. After eight months, Esther stops paying any rent. She explains to Kween that she has lost her job and is unable to pay but she does not want to leave the house as she has nowhere else to live. Kween can terminate Esther's lease by title time interest possession (A) __ effiuxion of time ®) frustration @ notice to quit (®) surrender Andy grants permission to Bob to plant vegetables on his land until he, Andy, is ready to build onit. This is BEST described as (A) alease ma alicence (C) aneasement (D) an equitable interest 41. 42. 43. Joanne’s grandfather left her an old plantation house in the countryside. She was excited about preserving the old family picture stuck to the wall. To her dismay ‘when she moved into the house, she found that the pictures had been removed and sold. Joanne is entitled to the picture because it was @ deemed a fixture (B) deemed a chattel (C) owned by her family (D) owned by her grandfather Item 42 refers to the facts stated below. Mr Stephen Sten made a deed of convey- ance which conveyed his house from him- self to his wife, Olivia, and himself for life and remainder to his two daughters, Jean and Jenette. ‘The BEST description of Mr Stern and his wife, Olivia, are (A) owners @) _iifetenants . © remainder men () — tenants-in-common Mr and Mrs Ramsingh mortgaged their property to get a loan from the Penny Bank for their trip to the Holy Land two years ago. They both lost their jobs in January of this year and have not been able to pay the mortgage for the past six months. To recover its money, Penny Bank can LL sell the house. II sue the Ramsinghs III. take possession of the house (A) only (B) Monly (©) Land only @® |edit ‘Scanned with CamScannet44. Mr Ali owns a plot of land at the back of Mr Kung Fu’s house. Mr Ali has used a foot path on this land for the past twenty years. Mr Kung Fu has sold his house and Jand and the new land owner, Mrs Chin, has started putting up a fence which would prevent Mr Ali from using the foot path. Mr Ali knocks down the fence and wants to sue Mrs Chin, You would advise Mr Ali that he may succeed in an action against ‘Mrs Chin because he has (A) alease @) — alicence © — aneasement () — anagreement The tema Proof of ‘Mrs Bowen conveyed her house to her three daughters, Alicia, Meisha and Patricia, as joint tenants. Meisha sells her undivided share to Karen. Karen dies and her son, Floyd, threatens fo evict Alicia and Patricia from ‘his mother’s house’. Alicia and Patricia ask you for advice. Which of the following statements is NOT true about this situation? @ Alicia and Patricia are the sole ‘owners of the house as Karen has died. (B) Alicia and Patricia can pay Floyd for his share in the house. (C) _ Floydcannot evict them as they are all joint owners of the house. (D) Floyd is a tenant-in-common with Alicia and Patricia. IF YOU FINISH BEFORE TIME IS CALLED, CHECK YOUR WORK ON THIS TEST. ‘Scanned with CamScanneta ‘The term actionable per se means without proof of (A) fault (B) malice (©), liability YF damage Which of the following descriptions of a defendant's ‘conduct does NOT apply to the tort of battery? (A) Direct (B) Hostile Insulting (D) Intentional ‘Which of the following does NOT constitute means by which libel is committed? (A) Book eee Gesture C) Pamphlet (D) Newspaper ‘The remedy of abatement in the law of nuisance allows a party to (A) claim damages (B) obtain a stop order (C) reach an amicable settlement with the neighbour cut and return neighbour's overhanging branches False imprisonment is BEST defined as (A) a partial restraint of a person’s 7° jnovement , (B) _ awrongful deprivation of person's liberty 7 (C) detaining persons with Jawful justification (D) consent to detention for an undetermined period of time 6. ‘Ten-year-old Christopher is playing crcl with his friends. While etsioving& ba from Mr Jones’ land, Christopher is struck by a stone from Mr Jones’ quarry. There are visible signs on Mr Jones’ fence with the words “KEEP OUT”. At common law, Mr Jones owes Christopher a duty (A) ofcommon humanity (B) — toensure that he is safe (C) to warn him of concealed traps (D) to exercise reasonable care to prevent damage from unusual danger ‘Which of the following is a definition of an invitee? @) Has permission to enter the premises (B) Enters the premises with the occupier’s knowledge (C) _ Initially had permission to enter the premises but no longer has any such permission (D) _ Has business on the premises that concems him and the occupier In which type of tort is a duty of care a required element? _@) Negligence (B) Defamation (©) Nuisance (D) Trespass GO ONTO THE NEXT PAGE ‘Scanned with CamScannet10. ‘Which of the following is NOT a private nuisance? (A) _ The defendant's actions result in physical injury to the plaintiff's property. @) The defendant causes substantial interference with the plaintiff's use and enjoyment of his property. @® The plaintiff can show that the defendant's wrongful action has caused him particular damage over and above other members of the community. (D) ‘The plaintiff is impeded from entering upon his property, arising from the defendant's blockage of his access to the property. In which of the following situations will absolute privilege be a complete defence to a defamatory statement? I. An accurate newspaper report of a government minister’s communication with an umpire ata cricket match Il An honest opinion made in good faith regarding alleged criminal actions of an officer of the state I. Statements made in judicial proceedings TV, Statements made in parliamentary proceedings (A) Land ILonly @ ~~ Wand IV only (C) 1, Wand Ionly (D) I, Wand IV only Ul. 12. Which of the following is NOT a public nusiance? @)__ Roots from Jack's tree damage his next door neighbour's house. (8) “Emissions from the smelter plant damage the crops of farmers in the area. (©) __ Sabrina blocks off a section of the sidewalk with marl while she renoyates her house. ©) Onika’s restaurant emits an odour which is offensive to users and visitors to offices in the area ‘Anna jokingly locks Pedro into a classroom. Pedro, who is studying, is blissfully unaware of this. Can Anna be held liable for false imprisonment? @® Yes, she restricted Pedro’s freedom even though he was unaware of this. (B) Yes, she did not get Pedro’s permission before locking him in, (©) No, Anna was just playing and so Pedro was not expected to take it seriously. (D) No, the fact that Pedro was unaware meant that he was not held against his will. ‘Scanned with CamScannet Janet 13.onand B. 14, Janet works at Lextel Limited and has done 50 for 25 years. She noticed some cracks in the floor boards and the dilapidated condition of the building but Janet continued to work there, One day, she twisted her ankle after the heel of one of her shoes became stuck in the floor boards. Which principle of law is MOST applicable in the above scenario? 1. Yolenti non fit injuria . — Occupiers’ liability UL Employers’ liability IV. Vicarious liability (A) Land [only (8) Land IVonly © 1, Wand Mons @) = 1,0, Wand Ellie receives a text message from Tom, Mandy’s father, that her goddaughter, Mandy, was ina terrible accident and had to be hospitalised. Ellie faints and falls, breaking her wrist. It was later revealed that the accident was caused by Ron’s dangerous driving. ‘Which of the following is TRUE? © Ellie cannot succeed in an action against Ron for nervous shock. (B) Ellie can succeed in an action against Tom for nervous shock. (C) As Mandy’s godmother, Ellie qualifies as a foreseeable plaintiff. (@) __Ellie’s position is not affected 4 by the fact that Mandy is her goddaughter and not her daughter. 15. 16. W7. 18, 19. Murray wanders onto Silas’ property and is shot in the foot by Silas. Will Silas be liable to Murray? (A) No, Silas has a right to protect his, premises. (B) Yes, Silas is liable to anyone who gets hurt on his premises. ‘Yes, although Murray is atrespasser, Silas should act in a humane manner towards him. No, Murray isa trespasser and must endure whatever happens to him as a result of the trespass. © @) A.unilateral contract is a promise (A) to fulfill an obligation @)__inexchange for an act (C) _ inexchange for a promise (Dd) to do something for another Under which of the following situations is the placing of goods on display ina showcase LIKELY to be classified? (A) Offer for sale _ @) Advertisement ‘©. Invitation to treat @) Agreement to sell ‘The effect of the doctrine of frustration is to (A) make a contract voidable (B) terminate past performance @® make a contract void ab initio (D) terminate future performance Which of the following statements is true of the privity of contract? (A) _ Itis unduly complex. (B) _Itis beneficial to third parties. © _Itis commercially inconvenient. (@) _Itfails to give effect to the intention of the parties. GO ON TO THE NEXT PAGE ‘Scanned with CamScannet20. 24. 22. Which of the following may result in a successful claim for damages for breach of contract? (A) _ Peter promises to buy his brother James a new bag but fails to do 50. (B) Meg promises her friend Lil to make her manager of Meg’s new company and then changes her mind. @ Noah buys an air conditioning unit which was guaranteed to be trouble-free for at least a year, but it stops working after three months. (@) Queenie gets a job in Bountiland and promises to send back home an allowance every month for her husband John, but never sends him any money. Anegligent misrepresentation is a statement which is (A) __ neither true nor false () known tobe false, or made without belief in its truth (©) madeby person who honestly and reasonably believed it to be true @®) false and made by a person who had no reasonable grounds for believing it to’be true Acondition is BEST defined as a term. (A) that can be implied into a contract by the courts (B) _ ina contract which a party may or may not fulfil @) of fundamental importance in a contract, which goes to the root of the contract (D) of lesser importance, breach of which will give rise only to a claim in damages 23. 24. 25. Frustration is likely where an event occurs after a contract has been made, rendering its performance : (A) _ more expensive (B) more time consuming @ “impossible due to no fault of either party (D) impossible due to the voluntary act of one of the parties Which'of the following are features of Contract Law? c I. Consists of agreements IL. Forms part of Public Law TIL. Is based mainly on the system of judicial precedent irs @ Ionly (B) Land Tlonly (C) Wand I only @) 1, Mand mt Item 25 refers to the statement below. On 14 September 2009, Daniel offered to sell 100 watches to Steve at $1000 each, On 15 September 2009, Steve deposited a properly addressed acceptance in the mail. On20 September 2009, Daniel received the letter. ‘To be a valid revocation, on which of the following dates in September 2009, could Daniel revoke his offer? @ 4x @) 1s © 16 @) 20° GO ONTO THR NEYT PAGE ‘Scanned with CamScannet26. 27. ~6- Sharda runs an apartment called the ‘Secret Edge’. It is widely known to be a place where prostitutes offer their services. Alex, a police officer, is a regular patron. One day, he decides not to pay for the use of the apartment where he had been with one of the girls. Sharda threatens to report him to his superiors. Which of the following applies to Alex and Sharda with respect to their legal rights? (A) Alexis bound to pay as Sharda has provided consideration. (B) Sharda can rely on a course of dealing to enforce the contract. (©) Alex can be sanctioned as he is a police officer and must uphold the law... @ = The contract is tainted with illegality and is therefore void and unenforceable, Which of the following is NOT good consideration? (A) Completion of chores in return for meals (B) Payment in the form of goods provided instead of money @®) —_Partpayment on the prescribed date for completion of a contract (@) Part payment prior to deadline at the request of one party to a contract 28. 29. Anderson agrees to sell his car to Maria, Maria makes a deposit on the car. Before Anderson can deliver the car to Maria, it is involved in an accident and is deemed beyond repair by the insurance company. Anderson returns Maria’s deposit, but Maria commences legal action against him insisting that he delivers the car, To refute Maria’s action, Anderson can rely on (A) — duress @® frustration (©) __ performance (P) past consideration Contracts made by a prostitute to provide sexual favours are (A) legal and are treated as any other legal contract B) legal, but the courts carefully scrutinize their terms (C) illegal because they lack consideration ®) illegal because they are bad for public morals ‘Scanned with CamScannet30. 31. 32. -d- Mr Sinclair gives his three sons, Peter, James and John, a house that needs Tenovation. They all agree that since Peter is living in the house he could go ahead and repair it and they would refund him his money. Peter repairs the house and then gets his brothers to sign the agreement for the refund, James signs the agreement and then migrates without paying his part of the expenses. Peter seeks advice on whether he can enforce-the agreement with James. ‘Which statement is accurate? ‘There is no contract as there is no intention to create legal relations. There is no contract as past consideration is not good consideration. “@) @ (©) __ There isno contract because James signed the agreement after the repairs were completed. () There is an enforceable contract ‘because James entered into the agreement before Peter did the repairs. Which of the following BEST describes real property? @ Freehold interests in land (B) _ Leasehold interests in land (C) Moveable assets of great value (b) Anything capable of ownership ‘Anhouse is an example of a (A) leasehold @®)_— freehold (C) chattels personal (D) chattels real 33. 34, 35. 36. Which statement BEST describes a chatter, (A) _ itpasses with the sale of the land. (B) ___Itis substantially annexed to the land. (©) The degree of annexation to the Jand is decisive. ©) __Itis a physical object which never becomes attached to the land. Which statement is TRUE of a joint tenancy? ‘There is a right of survivorship. (B) There is a divided share of land. (©) There is successive ownership of land Only the unity of possession need present. @) Which of the following is NOT true of a lease? (A) __Itis fora term of several years. @) __Itcanbe terminated at any time. (C)__ Thelesseehas exclusive possession. (D) The lessee has an interest in the land. Which of the following concepts of property law requires a dominant and servient tenement? (AL Lease SB Basement (C) Joint tenancy (D) — Tenancy-in-common ‘Scanned with CamScannet 37.37. 38. -8 Which of the following may be co! a clog of the equity of redemption? dered I. Excluding the mortgagor's right to redeem Tl. Postponing the mortgagor’s right to redeem I. Reserving certain collateral advantages to be enjoyed after redemption (A) Land Ifonly 2 (B) Tand Ionly (©) Wand I only @) = 1, Wand I Mr Fruite leases his house to Mrs Tree for oné year. Sixmonths after she occupies the house, Mr Fruite disconnects the electricity, empties the swimming pool and disconnects the cable because the electricity bill is too high. Which of the following covenants does Mr Fruite breach? I. Derogation from grant tL. Fitness for habitation I Quiet enjoyment (A) only (8) Wonly (©) Land ITonly @® 1, Wand 39. 40. Jango Ltd owns several container homes jn a park. Some of the homes are bolted to the ground. Max recently purchased cone of the homes from Jango Ltd. His home is not bolted to the ground. After completion, Jango Ltd informs Max that he must remove the container home from its land. Which is the BEST argument that Jango Ltd may use to support the position that the land was not sold with the home? I. The house is a chattel and nota fixture. Tl The home is a fixture and not a chattel. IIL _ It is not reasonable to expect that the land goes with the home. @ _— Ionly (B) Land I only (C) land Ul only () 1 Mand I ‘tem 40 refers to the following information. John has conveyed his property Whiteacre as follows I. To Sara, my faithful nurse who has ‘een very good to me all these years, until her death. Il, Then to my two sons, James and John, in equal shares. Sara holds Whiteacre in (A) __ remainder interest @) life interest (©) __ fee simple (D) fee tail ‘Scanned with CamScannetal. 42. 43. -9- Mr and Mrs Ramsingh mortgaged their 44, Beautiful Meadows Park was bein, property to get aloan from the Penny Bank developed as a housing estate. The land for their trip to the Holy Land two years surrounding the park has been divided into ago. They both lost their jobs in January plots and sold to different purchasers. Their of this year and have not been able to pay title deeds provide that each purchaser the mortgage for the past six months. has full.enjoyment at all times to use the playground and other recreational facilities. To recover its money, Penny Bank can eee ‘The rights granted to the purchasers are II, sue the Ramsinghs IIL take possession of the héuse (A) leases (B) licences (a) Toaly (©) covenants (8) only @) easements (©) TandITonly @® |, Uandir 45. Mrs Bowen conveyed her house toher three daughters, Alicia, Meisha and Patricia, as Item 42 refers to the information given joint tenants. Meisha sells her undivided below. share to Karen. Karen dies and her son, Floyd, threatens to evict Alicia and Patricia Mr Stephen Stern made a deed of a ° ticia ane ‘conveyance which passed his house from ae satis Beet whet of te himself to his wife, Olivia, and himself for 7 <4 ome life and remainder to his two daughters, situation? Co @® Alicia and Patricia are the sole Their daughters, Jean and Jenette are owners of the house as Karen has died. (A) life tenants (B) Alicia and Patricia can pay Floyd (B) _ joint tenants for his share in the house. @ _remaindermen (©) Floydcannotevict them as they are (D) __tenants-in-common all joint owners of the house. (D) Floyd is a tenant-in-common with ‘Mr Sym owns fifteen acres of land in the cre ane Peicicia, countryside. He asks his neighbour Jango to do him a favour and look after the land for him, After two years, Mr Sym and Jango have a disagreement and he orders Jango to have nothing more to do with his property, What is the type of licence in this situation? @ Bare ~ (B) Contractual (C) Licence with estoppel (D) Licence coupled with a grant END OF TEST ‘Scanned with CamScannet Co mn1 ste term actionable per se means without proof of (a) fault (B) malice @)damage (©) liability Inaclaim for defamation, the | plaintiff must prove that the words I. were published “ Th. lowered him/her in the eyes“ of right-thinking members of society . Il. lowered him/her in the minds of a particular section of the community @ Land Tonly (B) Land Ill only (©) Mand Hl only (D) I, Mand it The remedy of abatement in the law of nuisance allows a party to - (A) claim damages for the nuisance - (B) obtain an order to stop the nuisance (©) teach an amicable settlement with ‘neighbour @© cut and return a neighbour's overhanging branches Which of the following descriptions of a defendant’s conduct does NOT apply to the tort of battery? (A) Direct (B) Hostile Insulting © (D) _ Intentional Which of the following actions is Noy. assault? (A) A threat 2 Words alone Physical contact“ {D) _ Words accompanied by an act “Anemployer is said to be vicariously liable for the torts committed by an employee the course of his or her employment because (A)__ the employee is an agent of the employer (B) Vicarious liability is a matter of e public policy © _ the employer is usually financially able to pay the damages awarded (D) _ the employer usually deducts insurance premiums from the employee's salary Ten-year-old Christopher is playing cricket with his friends. While retrieving a ball from Mr Jones’ land, Christopher is struck by astone from Mr Jones’ quarry. Mr Jones owes Christopher, at common law, a duty of common humanity (B) to ensure that he is safe (C) __ to warn him of concealed traps (D) _ to exercise reasonable care to prevent damage from unusual danger In which type of tort is a duty of care a required element? (A) _ Trespass (B) Nuisance (C)__ Defamation BF Negligence GO ON TO THE NEXT PAGE ‘Scanned with CamScannet10. u. 3s In which of the following situations will absolute privilége be a complete defence to a defamatory statemént? I. Statements made in judicial proceedings Il. Statements made in parliamtentary proceedings 11. Anhonest opinion, made in good faith, regarding alleged criminal actions of an officer of the state g Tand Il only ) Land IIT only (©) Mand I only (@) Mand I Alpha Distributors places notices in all its vehicles which indicates that only its employees may be transported in the vehicles. Henry, a driver, takes a van owned by Alpha Distributors to the garage for repairs. George, one of the mechanics, asks him for a lift to collect some urgently needed items to fix another vehicle which also belongs to Alpha Distributors. Henry agrees, but has an accident on the way to collect the items. Both he and George are injured. Alpha Distributors is liable fo (A) Henry only (B) George only @© _ both George and Henry (D) _ neither George nor Henry ‘Anna jokingly locks Pedro into.aclassroom. Pedro who is studying is blissfully unaware of this. Can Anna be held liable for false imprisonment? (A) Yes, she did not get Pedro’s permission before locking him in, @ Yes, she restricted Pedro’s freedom’ even though he was unaware. (©) No, Anna was just playing so Pedro was not expected to take it seriously. (D) No, the fact that Pedro was unaware means that he was not held against his will. 2. 13. 14, up behind Rosie, taps her on and kisses her on the mouth ‘rs around. Which of the the legal results? John sneaks the shoulder when she tu ; following BEST describe * John commits a battery only:¥ (B)__ John commits an assault only. (C)__ John does not commit any tort. (D) John commits an assault and a battery. Murray wanders onto Silas’s.property and ig shot in the foot by Silas. Will Silas be liable to Murray? No, Silas has a right to protect his A) z premises. (B) Yes, Silas is liable to anyone who gets hurt on his premises. © -. Yes, although Murray isa trespasser, - Silas should act in a humane manner towards him. (D) _No,Murray isa trespasser and must endure whatever happens to him as a result of the trespass. Ellie receives a text message from Tom, Mandy’s father that her god-daughter, Mandy was in a terrible accident and had to be hospitalised. Ellie fainted and falls breaking her wrist. It was later revealed that the accident was caused by Ron’s dangerous driving. Which of the following is TRUE? (A) Ellie can 4ucceed in an action against Tom for nervous shock. @®) _Elllie cannot succeed in an action against Ron for nervous shock. (©) As Mandy’s god-mother, Ellie qualifies as a foreseeable plaintiff. (@) _ Ellie’s position is not affected by the fact that Mandy is her god- daughter and not her daughter. GO ON TO THE NEXT PAGE, ‘Scanned with CamScannet16. 17. 18. 19. 4- a : ferentem tule appii hits 20. The contra projeren Plies te siomy's car gets out of control and hit reat . issn, a passer-by. 5 LIKBLY to be the legal basis of (a) implied a = issa’s cla (B)__ parol eviden Melissa's claim? eg exclusion clauses (A) Damages {D) _ innominate terms (B)__ Breach of duty HOF” Res ipsa loquitur - (D) —Folentinon fit injuria 21, Anegligent misrepresentation isastatement which is A uniléteral contract is a promise (A) neither true nor flse (A) to fulfil an obligation (8) _knownto be false, or made without ©) __inexchange for an act belief in its truth (©) inexchange for a promise (C)__ made by a person who honestly and (D) todo something for another reasonably believed it to be true false and made by a person who had no reasonable grounds for believing it to be true A condition is BEST described as a term (A) ___ that can be implied into a contract by the courts i BS enstnicha pty mayor 2 Amma CANNOT be discharged by may not fulfil (©) of lesser importance, breach of ie padear which will give rise only to a acceptance * claim for damages 6 performance @® of fundamental importance in a contract, which goes to the root t soni of te oats 23. Frustration is likely where an event occurs after a contract has been made, rendering The effect of the doctrine of frustration.is its performance to (A) more expensive (A) make a contract voidable (B)» more time consuming. (B) terminate past performance oe impossible due to no fault of either party (D) impossible due to the voluntary act of one of the parties (C) terminate future performance make a contract void ab initio’ Which of the following is NOT a correct description of contracts for necessaries? @ = Executory in nature + (B) Must be beneficial to the infant (C) Largely associated with the capacity ° . of infants to enter into contracts (D) Preserve the lifestyle of minors to purchase materials to which they are accustomed ‘Scanned with CamScannetf . Floyd made an arrangement to send his estranged wife Gloria $1 000 each month to help with her living expenses. Two months have passed since Floyd sent any money to Gloria. What erea of law is relevant to this 2 case? (A) Frustration ®) Breach of contract (©) Offerand acceptance © Intention to crate legal relations ‘On 14 September 2009, Daniel offered to sell 100 watches to Steve at $1 000 each. ‘On 15 September 2009, Steve deposited a properly addressed acceptance in the mail, ‘On 20 September 2009, Daniel received the Jeter. set To be a valid revocation, on which of the following dates in September 2009, can Daniel revoke his offer? @ 14 @®) 15 © 16 @) 20 Which of the following is a contract? @ ® A husband agrees to send his wife support while working abroad. A landlord leases premises to tenants but denies them access to it, Sally gives Susie her laptop but changes her mind and takes it back. Troy offers to sell his vehicle for $1 000 but Andrea agrees to buy it for $950, © @) 27. 28. 29. ‘The agent for a guest house described it in an advertisement as “let to Mr. Frederick: Fleck (a most desirable tenant)”. In fact, the tenant was in arrears with his rent. This is an example of (A) mistake (B) negligence (C) affirmation QD) mrisrepresentatione Ann owns a famous painting which she promises to lend to Kimani for three months to form part of an exhibition of local masters. Kimani promotes Ann’s painting as the central attraction. A week before the exhibition opens, Ann sells the painting to Corey. Which of the following, is NOT correct? (A) Kimani may seek damages against Ann. @® Corey is obliged to lend the painting to Kimani. (C) Corey is not obliged to lend the painting to Kimani. () If Corey was aware of the arrangement between Kimani and Ann, the Courts may place a burden on him. The doctrine of privity of contract has its basis in the principle of (A) __ offer (B) capacity e (C) acceptance . consideration @ ‘Scanned with CamScannet31. 32. 33. 34, ell his car to Maria. it on the car. Before the car to Maria, it is deemed 30. ‘Anderson agrees to se Maria makes a deposi ‘Anderson can deliver t 0 js involved in an accident and i beyond repair by the insurance company. ‘Anderson returns Maria’s deposit, but ‘commences legal action against him that he delivers the car. Anderson can rely on duress frustration“ pérformance past consideration’ @ ® © @) Which of the following BEST describes real property? @ (B) (© @) Freehold interests in land Leasehold interests in land Moveable assets of great value Anything capable of ownership Which of the following is NOT true of a lease? @) ® © ©) It is for a term of several years. Itcan be terminated at any time. * The lessee has exclusive possession. The lessee has an interest in the land. An equitable interest is a right in (A) rem BX personam” (C) possession (D) _ alieno solo A situation in which John grants permission to Sam whose land is next to John’s to cross his land is BEST described as (A) @) © @) lease licence easement equitable interest 35. 36. 37. 38. Under which of the following type. tenancies does the tenant occupy thy premises without the consent of the landlord? (A) Yearly tenancy (B) Tenancy at will (C)__ Fixed period leases @) Tenancy at sufferance~ Which statement is TRUE of a joint tenancy? : There is a right of survivorship. 5 There is a divided share of land. (C) There is successive ownership of land. (D) Only the unity of possession need be present. A right in alieno solo is known as (A) a fixture (B) — atenancy (©) acovenant 2) aneasement “ 2 Which of the following may be considered a clog of the equity of redemption? 1. Bxcluding the mortgagor's right to redeem I. Postponing the mortgagor’s right to redeem Ml. Reserving certain collateral advantages to be enjoyed after redemption (A) Land I only (B) Jand Ill only (C) Mand Itt only @® I, Wand Ul G0 aN TA Tun NevT per ‘Scanned with CamScannet40. 41. “76 {onnne’s grandfather left her an old Plantation house in the countryside. She was excited about preserving the old family + picture stuck to the wall. To her dismay, j When she moved into the house, she found {that the picture had been removed and sold. Joanne would be entitled to the picture if it was 8 «© @) deemed a fixture deemed a chattel owned by her family owned by her grandfather John has conveyed his property in Whiteacre as follows: 1. To Sara, my faithful nurse who has been'very good to me all these years, until her death. I. Then to my two sons, James and John, in equal shares, Sara holds Whiteacre in (A) fee tail (B) fee simple © life interest ~ (D) remainder interest ‘Mr Stephen Stern made a deed of convey- ance which passed his house from himself to his wife, Olivia, and himself for life and remainder to his two daughters, Jean and Jeanette, Which of the following descriptions BEST fit Mr Stem and his wife? (A) Owners (B) Life tenants. (C) Remainder men Tenants-in-common 42. 43. 44. Mr Sym owns fifteen’acres-of land in the countryside. He asks his neighbour Jango to do him a favour and look after the land for him. After two years, Mr Sym and Jango have a disagreement and he orders Jango to have nothing more to do with his property. What type of licence is involved in this situation? © Bare (B) Contractual , (C)__ Licence with estoppels (D) Licence coupled with a grant Andy grants permission to Bob to plant vegetables on his land until he, Andy, is ready to build on it. This is BEST described as (A) alease ® alicence (C) an easement (D) an equitable interest ‘Tenancy-in-common’ comprises unity of (A) title (B) time (C) interest SD) _ possession ‘Scanned with CamScannet’ ae me) > -8 45. MrAli owns. plot of land at the back of Mr Kung Fu’s house. Mr Ali has used a foot-path on this land for the past twenty years. Mr Kung Fu has sold his house and land and the new larid-owner, Mrs Chin, has started putting up a fence which would prevent Mr Ali from using the foot-path. Mr Ali knocks down the fence and wants to sue Mrs Chin. You would advise Mr Ali that he may succeed in an action against Mrs Chin because he has (A) a lease @) alicence {O)- aneasement , (D) —anagreement END OF TEST IF YOU FINISH BEFORE TIME IS CALLED, CHECK YOUR WORK ON THIS TEST. ‘Scanned with CamScannetIn Commonwealth Caribbean jurisdi the MAIN function of Tort Law is to (A) __ punish offenders by imposing stift penalties (B) rehabilitate offenders by means of counselling (QF compensate vietims affected by wrofigful conduct (D) encourage victims to seek alternative dispute resolution 2. In a defamation action, a claimant does NOT need to establish that the words were untrue 1 were published (C) defamed the plaintiff (D) referred to the plaintiff 3. In order for an individual to prove public nuisance, he has to show that he has suffered (A) great loss (B) much wrong (©) substantial injury PF particular damage 4. Self-defence, consent and parental authority are all defences to ue battery (B) negligence (C) false imprisonment (D) malicious prosecution 5. The remedy of abatement in the law of nuisance allows a party to (A) claim damages for the nuisance (B) obtain an orderto stop the nuisance cut and return neighbour's overhanging branches (D) reach an amicable settlement with the neighbour Vicarious liability imposes liability on relevant (A) schools for the torts of pupils (B) clubs for the torts of members (C)__ parents for the torts of children AP) employers forthe torts of employees ‘The duty which an occupier of premises owes to a trespasser onto those premises isa Ww common duty of care (B) duty of common humanity (C) duty to warn the trespasser of unusual dangers (D) duty to take reasonable care not to harm the trespasser In which type of tort is a duty of care a required element? (A) Trespass (B) Nuisance VO) Negligence (D) Defamation Which of the following is NOT an impact of a defamatory statement? LAS Exposing a person to contempt (B) Damaging a person’s financial ‘status (©). Loweringa person in the estimation of his friends (D) __Discrediting a person in his trade or profession GO ON TO THE NEXT PAGE ‘Scanned with CamScannet-3 10, The defence of absolute privilege under defamation is covered by statements made in 1. proceedings of the legislature I, the course of, and with reference to, judicial proceedings by any judge, juror, advocate, party or witness Ml the performance of a legal, moral or social duty MS Landi only (8) Land Ill only (©) Mand II only (D) 1, Wand II 11. Which of the following is NOT a private nuisance? (A) The defendant's actions result in physical injury to the plaintiff's property. (B) The defendant causes substantial interference with the plaintiff's use and enjoyment of his property. (C) The plaintiff is impeded from ring upon his property, ing from the defendant’s blockage of his access to the property. The plaintiff can show that the defendant's wrongful action has caused him particular damage over and above other members of the community, 12, 13. 14. ‘Anna jokingly locks Pedro in a classroom, Pedro, who is studying, is blissfully unaware of this. Can Anna be held liable for false imprisonment? Yes, she did not get Pedro’s permission before locking him in, A) B) / Yes, she restricted Pedro’s freedom oy even though he was unaware of this. (C) No, Anna was just playing and so Pedro was not expected to take it seriously. No, the fact that Pedro was unaware meant that he was not held against his will. @) Murray wanders onto Silas’ property and is shot in the foot by Silas. Will Silas be liable to Murray? (A) No, Silas has a right to protect his premises. (B) Yes, Silas is liable to anyone who gets hurt on his premises. (CY Yes, although Murray isa trespasser, Silas should act in a humane manner towards him. No, Murray is a trespasser and must endure whatever happens to him as a result of the trespass. () Gary, a passenger in Jimmy's car, failed to wear a seatbelt. The car mounted the nearby pavement, knocking over Melissa, a passer-by. Gary also sustained severe injuries as a result of the accident. What defence can Jimmy use with respect to Gary’s injuries? (A) Negligence (B) Res ipsa loquitur ~~ Volenti non fit injuria (D) Contributory negligence ‘Scanned with CamScannet15. 16. 17. 18. i4- In which of the following situations will 19- absolute privilege be a complete defence to a defamatory statement? Statement in judicial proceedings i I, Statement made in parliamentary proceedings II. Accurate report of a government minister’s communication with a.cricket umpire 20. (A) Land Ionly (B) Land Ill only (C) Mand Il only @y 1, Wend It Contractual duties are primarily fixed by (A) law (B), custom agreement (D) the constitution 21. Which of the following principles prevents a party to a contract from enforcing his strict legal rights where it would be unjust for him to do so? (A) Consideration (B) Natural Justice (C)__ Privity of contract (Dr Eauitbte estoppel 22. Aunilateral contract is a promise by (A) _ one party to fulfil an obligation i) one party 0 do something forthe other (C) both parties to fulfil separate obligations. (D) both parties to complete one act in exchange for another Misrepresentation operates in law to make acontract fA) void (B) valid (©). invalid wor voidable ‘Anegligent misrepresentation isa statement which is (A) __ neither true nor false (B) _knownto be false, or made without ~ belief in its truth (C)__ false and made by a person who honestly and reasonably believed ittdbetrue | (D) false and made by a person who had no’reasonable grounds for believing it to be true Frustration is likely where an event occurs after a contract has been made, rendering its performance (A) more expensive 3 more time consuming impossible due to no fault of either party (D) impossible dueto the voluntary act of one of the parties Which of the following is NOT a consequence of illegality upon an agreement? (A) The agreement is generally frustrated (B) The agreement is generally unenforceable (C) __ No property or money transferred may be generally recovered (D) No rights may generally accrue to either party under the agreement ‘Scanned with CamScannet-5- , i an agreement to send his 23. The effect of illegality on a contract isto 26. ete gaa eTODOTeaanCHE make the contract to help with her living expenses. Two i months have passed since Floyd sent any ss wold ab to money ther. What area of law is relevant (©) contrary to public policy to this case? (D) outrageous to public morals ; (A) Frustration (B) Breach of contract 24. On 14 September, Daniel offered to sell (C) Offer and acceptance ; 100 watches to Steve at $1 000 each. On Qe Intention to create legal relations 15 September, Steve deposited a properly addressed acceptance in the mail. On 20 . September, Daniel received the letter. 27. Ann owns a famous painting which she promises to lend to Kimani for three To be a valid revocation, on which of the months as part of an exhibition of local following dates in September can Daniel masters. Kimani promotes Ann’s painting revoke his offer? as the central attraction. A week before the exhibition opens, Ann sells the painting to 14th Corey. Which of the following is NOT (B) 15th correct? (Cc) 16th (D) 20th (A) Kimani may seek damages against Ann. Vf Corey is obliged to lend the 25. Adam has aheadache. Betty, his neighbour, ing to Kimani. agrees with Adam that she will not play (©) Corey is not obliged to lend the her jazz records too loudly that evening. painting to Kimani, Which of the following statements is (D) If Corey was aware of the correct? arrangement between Kimani and Ann, the courts may be (A) There is a contract between Adam minded to place a burden on him. and Betty. (B) There is no contract because the agreement is not in writing. 28. Alan promisesto pay Ben’s son, Carl, $25 if (©) There is no contract because Betty Ben mows Alan’s lawn, Ben mows Alan's is estopped from going back on lawn but Alan refuses to pay anything. her promise. Which of the following is the MOST likely There is no contract because Adam legal outcome? does not supply consideration for Betty's promises, (A) Carl wins because Alan should keep his promises. (B) Carl loses because there is no privity of contract with Alan. SS Carl wins because Ben supplied consideration for A lan’s promise. (D) Carl loses because there is no intention to create legal relations. XT PAGE O7AIMIAICAPR 2016 GO ON TO THE NE: een ‘Scanned with CamScannet29. 30. 31. -6- Anderson agrees to sell his car to Maria. Maria makes a deposit on the car. Before ‘Anderson can deliver the car to Maria, it is involved in an accident and is deemed beyond repair by the insurance company. Anderson returns Maria’s deposit, but Maria commences legal action against him insisting that he,delivers the ear. To refute Maria’s action, Anderson can rely on (A), duress ey frustration (C) performance (D) past consideration Sharda manages an apartment called the “Secret Edge”. Itis sometimes known for accommodating persons of loose moral behaviour. Alex, a police officer, is regular patron. One day, he decides not to pay for the use of the apartment and Sharda threatens to report him to his superiors. Which of the following applies to Alex and Sharda with respect to their legal rights? (A) Alexis bound to pay as Sharda has provided consideration. (B) Sharda can rely on a course of dealing to enforce the contract. (©) Alex can be sanctioned as he is a police officer and must uphold the law. BS The contract is tainted with illegality and is therefore void and unenforceable, Corporeal property is to incorporeal property as real property is to WT realty (B) personal property (C) moveable property (D) immovable property 32. 33. 34. 35. 36. Which of the following BEST descrip real property? “ (A) Freehold interests in land (B) Leasehold interests in land (C), Moveable assets of great value Anything capable of ownership The doctrine of survivorship requires that the survivor of two fF” joint tenants owns all the property (B) _ tenants-in-common have right of survivorship (C) concurrent owners may devise his share by will (D) concurrent owners will be able to decide which share is hers Tenancy-in-common comprises unity of (A) title (8) time © erest Ra possession What type of licence prevents a licensor from insisting on his strict legal rights where it would be unjust for him do so? (A), Bare licence Licence by estoppel (C) Contracted licence (D) Licence coupled with an interest Which of the following is NOT a remedy of the landlord under a lease? Distress Forfeiture Power of sale Notice to quit (A) (B) ey31. 38. 39. Which of the following concepts of 40. property law requires a dominant and servient tenement? (A), Lease (BY Easement (©) Joint tenaney (0) The equitable right to redeem is the mortgagor's (A) right to sell property (B) contractual rightto redeem property {> ‘ight to redeem the property after the contractual date (D) _ righttoobtain specific performance 41. of the mortgagee’s obligation Joanne’s grandfather left her an old plantation house in the countryside. She ‘was excited about preserving the old family picture stuck to the wall. To her dismay, when she moved into the house, she found that the picture had been removed and sold. Joanne is entitled to the picture because it was 42. (A). deemed a fixture deemed a chattel (©) owned by her family (D) owned by her grandfather John has conveyed his property in Whiteacre as follows: 1. To Sara, my faithful nurse who has been very good to me all these years, until her death. I. Then to my two sons, James and John, in equal shares. Sara holds Whiteacre in (A) fee tail ®) interest (©) feesimple * remainder interest Andy grants permission to Bob to plant vegetables on his land until he, Andy, is ready to build on it. This is BEST described as (A) (D) an equitable interest Kween has leased her house to Esther for three years at a monthly rental of $1 500. After eight months, Esther stops paying any rent, She explains to Kween that she has lost her job and is unable to pay, but she does not want to leave the house as she has nowhere else to live. Kween can terminate Esther’s lease by (Ay surrender er frustration (C) notice to quit (D) _effluxion of time ‘Scanned with CamScannetMrAli owns a plot of land at the back of Mr Kung Fu’s house. Mr Ali has used a foot-path on this land for the past twenty years. Mr Kung Fu has sold his house and land and the new andes Mrs Chin, has started putting up a fence which would prevent Mr Ali from using the foot-path. Mr Ali knocks down the fence and wants to sue Mrs Chin. You would advise Mr Ali that he may succeed in an action against Mrs Chin because he has (A) alease (B)_L. alicence an easement (D) an agreement END OF TEST IF YOU FINISH BEFORE TIME IS CALLED, CHECK YOUR WORK ON THIS TEST ‘Scanned with CamScannet“A tort can be defined as a civil wrong (B) criminal wrong (C) duty owed to another (D) civil procedure action to be actionabie-per se? A published false accusation that a nurse is divorced | ‘an accountant is dishohest a teacher has prostate cancer an engineer lias illegitimate children 3. * False imprisonment may BEST bedefined . as , er a partial restraint of a person’s moveinent. @) . detaining petsons with lawful justification (©) ‘awrongtul deprivation ofa person's liberty. () " consent to detention, for an . undetermined period of time Which of the Following actions is NOT an Assault? . . (A) A threat! B) ( Physical contact “+ Words accompanied: by an act Which of the following statements is likely . -Words'alone oo eee ee unit t., , ‘Armaster is only liable where the servant's tort was committed during the course of the servant's employment but NOT where it was 7 yw expressly authorized by a third party (B) expressly or impliedly authori by the master (©) an unauthorized way of doing something authorized (D) necessary incidental to something : the servant was employed to do d * Ten-year-old Christopher is playing cricket with his fiends. While retrieving a ball from Mr Jones? Jand, Christopher is struck * by.astone from Mr Jones’ quarry. Mr Jones owes Christopher, at common law, a duty (A) | of common humanity (B) . to.ensure that he is safe (C)_. to warn him of conéealed traps oy to exercise reasonable care to prevent damage from unusual danger The key elements inthe tort of negliger do NOT include (A) damage (B) duty of care (C)__ breach of duty (PY compensation for breach Which of the following may be considered to be a breach of duty? (AY , The “but for” test. we Careless conduct (C)° . Infli of harm “Conteibutory negligence9 10. on amie In which of the following situations will absolute privilege be a complete, defence to a defamatory statement? 1. Statements: made in judicial \ proceedings HI. Statements made in parliamentary proceedings Mh An honest opinion, made in good faith, regarding alleged criminal’ actions of an officer of the state (A) land Il only (8B) Tand Ul only (©) Mand iit only pr 1, Mand I Which of the following is NOT an impact of a defamatory statement? “we Exposing a person to.contempt (8) Damaging a person’s financial status (C) __ Discrediting a pérson in his trade or profession (D) Lowering person inthe estimation of his friends Chris lives next door to Lucy. In the Jast few months, Lucy has commenced a business of making coals on her property. The smoke from the coals is affecting Chris’ sinuses so much that he has’beea . hospitalized twice in the last few weeks, Lucy is. MOST likely liable in (A) negligence * (B) public iuisance private nuisance occupiers’ liability 12, 13. 14, Anna jokingly locks Pedro intoa classroom, Pedro who is studying is blissfully unaware of this. Can Anna be held liable for false imprisonment? (A) Yes, she did not get Pedro's permission before locking him in. : . a Yes, she restricted Pedro’s freedom even though he is unaware. (©) No, Anna was just playing so Pedro was not expected to take itseriously. (D) No, the fact that Pedro was unaware means that he was not held against his will. Murray wanders on to Silas’ property and is shot in the foot by Silas, Silas is liable to Murray because . (A) — Silas has a right to protect his premises (B) __Silasis liable to anyone who is hurt on his property (© Although Murray is a trespasser, Silas should act in a humane . Manner towards him OY Murray, a trespasser, must endure ~ whatever happens to him as a result of his trespassing Marlene died shortly aftera heart transplant, at the GM Hospital. A swab was found in her body after a postmortem, examination was conducted. GM Hospital is liable _ because (A), _ the damage was not too remote BBS they were in breach oftheirduty to her : (C) _ they performed their duties with * due care (D) res ipsa logutiur applied in the circumstances ‘Scanned with CamScannet15, D, brandishing a firearm suys to E, “Ifyou * do net leave my daughter ‘alone, | will shoot you". Which of the following BEST states the legal position? ay D commits an assaulton E because . Eis in fear of D. (B) Does not commit an assault on E F because E is bigger than D. © Dcominits an assault on E because, E does not intend to leave D’s daughter alone. D does not commit an assault on E because there is no’ immediacy about D's threat. 46. In‘the legal system, it is NOT true that consideration AY ust be adequate” (B) must be sufficient (C) ° flows from the prothisee (D). _ isgiven in exchange for a promise 17. . Acondition'is BEST described as a term (A). that can be implied into a contract by the courts (B) _ . ina.contract which a party may or ; i may not fulfil ~~ of fundamental importance in a of the contract . * (D) !-of lesser importance, the breach of which will give rise only to a claim for damages 18, Exclusion clauses may be incorporated into _ acontract by a > (Ay previous dealings and sigoature Ret alone +E" "(6)"° “previous“dealings and thé courts ‘aloni of notice, ‘previous dealings and poe i 0° Signature : (D),,* previous dealiigs, statute and third Patios: contract, which goes to the root _ 19. 20, as 23. ‘The contra proferentem rule applies to the law of (A) implied terms (B) ‘parol evidence (©), innominate terms A exclusion clauses A contract CANNOT be discharged by acceptance Ag agreement (C) frustration (D) © performance The effect of illegality on a contract is to make the contract (4 voidable void ab initio (C) ° contrary to public policy (D) outrageous to public morals What remedy is generally available for loss caused by innocent misrepresentation? J Damages : (8) Indemnity (C)__ Reseission (D) Specific performance Which of the following is NOT consequence of-illegality upon an agreement? The agreement is generally frustrated, ~ (B) The agreement -is generally unenforceable, (C). No property or money transferred ‘may be generally recovered, No rights may generally’ accrue'to either party under the agreement. @ (D) GO ON-Ta THE NIRVr ns an ‘Scanned with CamScannet‘ta. 26, Floyd made an arrangement to send his estranged wife, Gloria, $1000 each month to help with her living expenses. Two months have passed since Floyd sent any money to Gloria, What area:of law is relevant to this case? (A) Frustration (B) Breach of contract (C), Offer and acceptance Sw Intention to create legal relations On 14 September 2015, Daniel offered to sell 100 watches to Steve at $1000 each. On 15 September 2015, Steve deposited a properly addressed acceptance in the mai On 20 September 2015, Daniel received the letter. On which of the following dates in September 2015 could Daniel revoke his offer for it to be a valid revocation? 4A) 14 B) 15 © 16 @) 20 ‘ Ann owns a famous painting which she promises to lend to Kimani: for three months to, form part of an exhibition of local masters. Kimani promotes Ann’s painting as the central attraction. A welt before the exhibition opens, Ann sells the painting to Corey. Which of the following" is NOT correct? (A) Kimani may seek damages against Ann, Gy, Corey is obliged to lend the painting to Kimani. (C) Corey is not obliged to lend the painting to Kimani. () If Corey were aware of the arrangement, the courts may place a burden on him, 27. ‘Usain offeréd to sell his red srieakers fo USSIS. Divayne offeréd to buy them’ for USSi0 and Usain refused to sell for USS10. Thereafter, Dwayne decided’ to pay Usain the USSI5.. Usain says he is no longer interested in selling his red snealcers. Dwayne has, sued Usain for breach of contract. * The likely legal outcome is that Dwayne’s action will . (A) fail as the price variation is not a term of the contract. (B) succeed as he can revive and accept Usain’s original offer (C) succeed as the price variation is a valid request for information (D) fail as.the countetoffer of US$10 is a rejection of Usain’s price of ussi5 Beenie Girl, a professional soca dance artist, fails to.attend rehearsals as well as opening night and three other nights, in a series of camival performances. An implied term in similar contracts requires dancers’ participation in all scheduled rehearsals, Which of the following statements is/are TRUE? 1. There isa breach of warranty. Il. * There is a breach of a condition, MI. The contract is discharged by breach. (A) Toaly (8) Monly (©) Mand tif only ©) J, Wand i ‘Scanned with CamScannet29. 30. 31. “32. Brenda agrees to let a room in her house to Nolan so that he can view the'carnival parade, which passes right outside her house.- Both parties understood that this was the purpose of the letting. The catnival parade was cancelled because of an impending storm. The contract was frustrated because (A). it was illegal (B) the parties changed their minds (©) _ it was impossible to perform the contract circumstances Legislation forbids the buying and sélling of corn oil without obtaining a licence. Jack buys corn oil from Kelly fraudulently | claiming that he possessed a licence. - Jack CANNOT successfully sue Kelly for nondelivery of the eérn oil because the contract was he illegal by statute (B)__ illegal at common law (C), .- notsupported by consideration (D)- illegal on the grounds of public + policy “Which of the following types of estate is equivalent to! complete ownership, of the land? Fee simple. (B) _. Life estate ” (C)’/Equitable inteiest ey » Tenancy-in-common + Which of the following staioménts BEST describes a chattel?” wy ' At passes witht ‘the’ s “(B) .. It is. substantially: i" dang. there wis a rédical change in- 33. 34. 35. 36. What type of licence prevents 4 licenscor from insisting on his strict legal rights where it would be unjust for him to do so? (A) Bare licence (B)__ Contracted licence Licence by estoppel Licence coupled with, an interest An equitable interest is a right in (A), rem BY persona (C) _ postession (PD) alieno solo Under which of the following types of tenancies does the tenant occupy the premises without the consent of the landlord? (A) Yearly tenancy (8) — Tenancy at wil (©), Fixed period leases Tenancy at sufferance Which of the following is IRRELEVANT consideration in determining whether a tenancy has been created? (A) © Periodic term and rent (B) Intention to give exclusive possession Exelusive possession and a fixed term (D) Intention of the parties whether a lease was to be created ‘Tenancy-in-commoit’ comprises unity of 1B. “title eB): time ‘ . (GC). interest ae _38. 39. 10. a He Asituation in which John grants permission ‘to Sam, whose land is next'to John’s, to cross his land is BEST described as (A) | lease (B) licence #@ casement {D) equitable interest A tenancy which terminates automatically when the period expires and without notice to quit by the landlord or the tenant is known asa (A) tenancy at will (B)__. shared tenancy periodic tenancy “(D) tenancy at sufferance On conveyance of land, Selvin agrees.to let existing fitted window drapes be acquired by the new owner. Before the ‘handover’ of the property, Selvin removed the drapes saying “I have legal rights to them based on the degree of annexation test.” The new owner objects. : Which of the following statements is TRUE regarding the drapes? (A)__ Thenew property owner is entitled to thém as they are chattel. (B) They are deemed to be fixtures and - they are now owned by the new property owner, (C) The new property owner may only acquire them’ by paying Selvin their market value, (0) Though: classified as chattel, there is prior agreement that they woilld belong to the new Property. 41. 42. 43. Mrs Bowen conveyed her House to her three daughters, Alicia, Meisha and Patricia, as joint tenants. Meisha sells her undivided share to Karen. Karén dies and her son, Floyd, threatens to evict Alicia and Patricia from ‘his mother’s house’. Which of the following statements is NOT true about this situation? (A) Floyd isa tenant-in-common with Alicia and Patricia.” (B) Alicia and Patricia can pay Floyd for his share in the house. (C) _ Floyd'cannotevict them as they are all joint owners of the house. wr Alicia and Patricia are the sole owners of the house as Karen has died. Mr Stephen Stern made a deed of conveyance which passed his house from himself to his wife, Olivia, and himnself for life and remainder to his two daughters, Jean and Jeanette. Which of the following descriptions BEST fit Mr Stern and his wife? (A) Owners (B) Life tenants (Oy * Remainder men (Y — Tenants-in-common Karlene grants permission to Bob to plant vegetables on her land until she, Karlene, is ready to build on it. This is BEST described as AS alease alicence ‘C) an easement (©) — anequitable interest ‘Scanned with CamScannet44. 2g. Marous and Carla are sole owners of adjacent properties. For over 25 years, Marcus has allowed Catla to pick mangoes from the trees on his property. What type of right to the use of Marcus’ land has Carla acquired? Bare licences 3) Propriety estoppel (©) Adverse possession Easement with a grant > END OF TEST 45. Mark who has been in arrears in the payment of his mortgage instalments while he was overseas comes home one day to find a notice on his front gate that his property is being sold by the bank. Which of these rights has the mortgagee MOST likely exercised against Mark? Foreclosure (B) Power of sale (C) Taking possession (D) Appointing a receiver IWYOU FINISH BEFORE TIME 1S CALLED, CBECK YOUR WORK ON THIS TEST. ‘Scanned with CamScannetLares Wh — TT UNiT 2 Py -2- a Self-defence, consentand parental authority 6, are all defences to : LES battery B) negligence © @) false imprisonment malicious prosecution 2, In order for an individual to prove public nuisance, he has to show that he has cd suffere . VET great loss @) much wrong iO) particular damage @) substantial injury 3. Which of the: following does: ‘NOT constitute 2 means by which libel is committed? (A), Book BY Gesture (C) Pamphlet ©) Newspaper 4. False imprisonment is BEST defined as : (A) @ partial restraint of a person’s movement GF avvrongful deprivation of person's liberty (C) detaining persons with lawful justification @) consent to detention for an undetermined period of time 5. Which of the following is a definition of an invitee? ow @) © ®) Has permission to enter the premises Enters "the premises with the occupier’s knowledge Has business on the ‘premises that concems him and the occupier Initially had permission to enter the premises but no longer has any such permission ‘The remedy of abatement in the law of nuisance allows a party to (A) claim damages for the nuisance (B) obtain an order to stop the nuisance (©) reach an amicable settlement with, the neighbour cut and return neighbour's overhanging branches ‘Ten-year-old Christopher is playing cricket with his friends. While retrieving a ball from Mr Jones’ land, Christopher is strucle by a stone from Mr Jones’ quarry. Mr Jones owes Christopher at common law, aduty @ @) of common humanity to ensure that he is safe to wam him of concealed traps to exercise reasonable care to prevent damage from unusual danger Anemployeris said to be vicariously liable for the torts committed by an employee during the course of his or her employment because WS the employee is ai agent of the a (B) vicarious liability is a matter of public policy the employer is usually financially able to pay the damages awarded the employer usually deducts insurance premiums from the employee's salary © ®) GOON TO THE NEVT DAE ‘Scanned with CamScannettem eae for to the following situation Gary, 0 passenger in Jimmy's car, failed to wear a seatbelt. ‘The car mounted the nearby pavement, knooking over Melissa, a passerby. Gary also sustained severe -injuries as a result, 9, What defence can Jimmy use with respect to Gary's injuries? (A) Negligence (B) Res ipsa loquitur ~(C) — Volenti non fit injuria SPY Contributory negligence . 10. What is LIKELY to be the legal basis of : ‘Melissa’s claim? (A) Damages @) Negligence Breach of duty @) Res ipsa loguitur. Il. The defence of absolute privilege under defamation is covered by statements made in I, proceedings of the legislature IL the performance of a legal, moral or social duty HL. the course of, and with reference to, judicial proceedings by any Judge, juror, advocate, party or witness (A) Monly (B)_. Land Tl only 4E¥ Land Monly (©) Wand I only 02231010/CAPE 2013 12. 13. 14, Which of the following is NOT an impact ofa defamatory statement? ae Exposing a person to contempt Damaging a person’s financial ®) status na (© _ Discrediting a person in his trade or profession i (D) Lowering a person in the estimation of his friends Janet has worked at Lextel Limited for 25 years. She recently noticed some cracks in the floor boards and the delapidated condition of the building but Janet continues to work there. One day, she twists her anlde after the heel of one of her shoes is stuck in the floor board: Which principles of law aré MOST applicable in the above scenario? L Yolenti non fit injuria t Occupiers’ liability Im. Employers’ liability (A) Tand Il only ®)_ Land If only Se I and II only (>) =, Wana Murray wanders onto Silas’ property and is shot in the foot by Silas, Will Silas be liable to Murray? @ 8) co} P) No, Silas has a right to protect his premises. : ‘Yes, Silas is liable to anyone who gets hurt on his premises, No, Murray is a trespasser and must endure whatever happens to him as a result of the trespass. ‘Yes, although Murray is trespasser, Silas should act in a humane manner towards him. GO ON TO THE NEXT PAGE. ‘Scanned with CamScannet15. 16. 17. =4- Ellie receives a text message from Tom, Mandy's father, that her god-daugher, Mandy, was in a terrible accident and had to be hospitalised. Ellie faints and falls, breaking her wrist. It was later revealed that the accident was caused by Ron’s dangerous driving, Which of the following is TRUE? (A) Ellie can succeed in an action against Tom for nervous shock. " @) As Mandy’s god-mother, Ellie qualifies as a foreseeable plaintiff, (C) Ellie cannot succeed in an action against Ron for nervous shock. Ellie's position is not affected by the fact that Mandy is her god- daughter and not her daughter. LY An offer to keep a contract open for a specific time is known as (A). anoption contract (B). avalid contract avoidable contract any « Lain (@) - anunenforceable contract Which of the following is NOT a correct description of contracts for necessaries? (A) They are executory in nature. @) They must be beneficial to the infant. (©) Theyare largely associated with the capacity of infants to enter into contracts, pr" They preserve the lifestyle of minors to purchase materials to which they are accustomed. 18. 19. 20. 21. Misrepresentation operates in law to make contract (A) void @) valid (C) invalid voidable ee Exclusion clauses may be incorporated into a contract by (A) previous dealings, statute and third parties gy notice, previous dealings and CO signature (©) previous dealings and signature alone previous dealings and the courts alone @) Itis NOT true that consideration (A) mst be adequate (B) must be sufficient ~O). flows from the promise () 1s a right or other benefit that one party gains and a loss or detriment suffered by another ‘The effect of illegality on a contract is to make the contract (A) voidable void ab initio (C) contrary to public policy ©) outrageous to public morals ‘Scanned with CamScannet22. 23. 24. = Anegligent misrepresentation isa statement which is (A) - neither true nor false (B) . knownto be false, or made without belief in its truth (©) false and made by a person who honestly and reasonably believed o it to be true false and made by a person who had no reasonable grounds for believing it to be true ~ A contract CANNOT be discharged by acceptance BY sgtemect (C) frustration (D) performance Anderson agrees to sell his car to Maria. Maria makes a deposit on the car. Before Anderson can deliver the car to Maria, it is involved in an accident and is deemed beyond repair by the insurance company. Anderson returns Maria’s deposit, but Maria commences legal action against him insisting that he delivers the car. To refute Maria’s action, Anderson can rely on . (A) duress frustration (C) performance (D) past consideration 25. 26. On 14th September, Daniel offered to sell 100 watches to Steve at $1000 each. On 15th September, Steve deposited a properly addressed acceptance in the mail. On 20th September, Daniel received the letter. . To be a valid revocation, on which of the following dates in September can Daniel revoke his offer? fa) 14s @) 1s* (© 16" @) 20" Sharda runs an apartment called the “Secret Edge”. It is sometimes known for accommodating persons of loose moral behaviour. Alex, a police officer, is a regular patron. One day, he decides not to pay forthe use of the apartment and Sharda threatens to report him to his superiors. Which of the following applies to Alex and Sharda with respect to their legal rights? (A) Alex is bound to pay as Sharda has provided consideration. (B) Sharda can rely on a course of dealing to enforce the contract. 4 Alex can be sanctioned as he is a c police officer and must tiphold \thelaw) — (@) The contract is tainted with illegality and is therefore void and unenforceable. ‘Scanned with CamScannet27. 28. Which of the following is a contract? or A husband agrees to send his wife Lf support while working abroad. i) A landlord leases premises to tenants but denies them access to them. (©) Sally gives Susie her laptop but changes her mind and takes it back. Troy offers to sell his vehicle for $1000 but Andrea agrees to buy it for $950. @) The doctrine of privity of contract has its basis in the principle of (A) offer @) capacity (C) acceptance consideration oy The agent of the guest house described it in an advertisement as “et to Mr. Frederick Fleck (a most desirable tenant)”, In fact, the tenant was in arrears with his rent. This is an example of (A) mistake (B) affirmation (C) negligence oy misrepresentation 30. 31. 32. Pete promises to give his daugther 1. a new car if she gets first class honours: her final year examinations at University. Janicia works hard and gets first class honours. Pete loses his job just before she graduates and is unable to fulfil his promise, Based on facts stated above, which of the following is NOT true? (A) Pete may be liable for his promise. (B) There can never be a contract between Pete and Janicia as she is his daughter. (GY Pete may be able to avoid liability 4 by persuading the court that he had no intention to create legal relations. (@) By working hard and getting a first class honours in the examination, Janicia has shown acceptance and consideration. A situation in which Person A grants permission to Person B to cross his land is BEST described as (A) lease @) licence B easement equitable interest “Tenancy-in-common’ comprises unity of (A) title @) time (C) interest (D)Y possession ‘Scanned with CamScannet33. 34, 35. -7- Which of the following types of estate is equivalent to complete ownership of the land? * (Fee simple 7B) Life estate (C) Equitable interest (D) Tenancy-in-common Which of the following is NOT a remedy available to the mortgagee of a legal mortgage? (A) Foreclosure (B)_ Power of sale SGX Equity of redemption @) Taking of possession Where a landlord causes the electricity supply to be cut off in order to get rid of a tenant, the landlord is in breach of the convenant AOS — for quiet enjoyment B) for fitness of habitation © eration (D) not to interfere with the tenant's utilities Which of the following concepts of property law requires a dominant and servient tenement? (A). Lease Easement (©) Joint tenancy @) — Tenancy-in-common 37. 38. 39. 40. Which of the following statements BEST describes real property? (A) Freehold interests in land (B) Leasehold interests in land (C) Moveable assets of great value @)y Anything capable of ownership A tenancy which terminates automatically when the period expires and without notice to quit by the landlord or the tenant is known.as a (A) tenancy at will shared tenancy @) LOX periodic tenancy (D) tenancy at sufference Lynette transfers her house by a Deed of Gift “to my six children, share and share alike”, Under the deed, Lynette’s children are (A) life tenants 2 land tenants 6) joint tenants tenants-in-common J) Andy grants permission to Bob to plant vegetables on his land until he, Andy, is ready to build on it, This is BEST described as (A) alease 8) allicence (C) an easement @) — anequitable interest ‘Scanned with CamScannet41. 42. 43, Items 41-42 refer to the facts stated below. Mr. Stephen Stern made a deed of conveyance which conveyed his house from himself to his wife, Olivia, and himself for life and the remainder to his two daughters, Jean and Jenette. Their daughters, Jean and Jenette are (A) ___ life tenants (B) joint tenants (OY remainder men (D) —tenants-at-will ‘The BEST description of Mr Stern and his wife, Olivia, are (A), owners (BY life tenants 4%C) remainder men (D) _ tenants-in-common Mr and Mrs Ramsingh mortgaged their property to get a loan from the Penny Bank for their trip to the Holy Land two years ago. They both lost their jobs'in January this year and have not been able to pay the mortgage for the past six months. To recover its money, the Bank can I. sell the house * I. sue the Rarnsinghs * TI. take over the ownership of the house (A) Tonly ®) Wonly (©) Land Tonly I, Mand I e END OF TEST 44. 45. Item 44 refers to the facts stated below, Reva, aged 43, was married to Rover, aged 45, Reva had a daughter Angel from a previous marriage and Rover had sons Hamm and Bone. They had one nineteen- year-old daughter, Effie, together. Reva and Rover were the owners of a five- bedroom house as joint tenants. Last year, while Reva and Rover were on their way to a vacation, the plane crashed and they died. Who would inherit the five-bedroom house? (A) Effie only () Angel only (©) Angel and Effie only (@y Hamm, Bone, Angel and Effie Kween has leased her house to Esther for three years at a monthly rental of $1,500.00. After eight months, Esther stops paying any rent, She explains to Kween that she has lost her job and is unable to pay but she does not want to leave the house as she has nowhere else to live. Kween can terminate Esther’s lease by (A), surrender @®) — fmstration (C) notice to quit (D) _ effuxion of time ‘Scanned with CamScannet