Mixed Deck — All SQE Topics Flashcards

What is the test for dishonesty following the Supreme Court decision in Ivey v Genting Casinos [2017]?

Answer: Whether the defendant's conduct was dishonest by the standards of ordinary, reasonable, and honest people

Ivey established a single objective test: a court first ascertains the defendant's actual state of knowledge, then asks whether their conduct was dishonest by the standards of ordinary honest people.

Under the rule in Donoghue v Stevenson [1932], what principle was established by the House of Lords?

Answer: A manufacturer owes a duty of care to the ultimate consumer where the product reaches them without a reasonable possibility of intermediate examination

Donoghue v Stevenson established that a manufacturer owes a duty to the ultimate consumer where there is no reasonable possibility of intermediate examination, founding modern negligence law.

What is the standard period for a pre-contract search with the local authority?

Answer: LLC1 and Con29

A local authority search consists of the LLC1 (local land charges register) and Con29 (enquiries of local authority).

The defence of volenti non fit injuria (consent) in tort requires which of the following?

Answer: The claimant must have voluntarily agreed to accept both the physical and legal risk of the defendant's negligence

Volenti requires that the claimant freely and voluntarily agreed to accept the legal risk (not just the physical risk) of injury, as confirmed in ICI v Shatwell [1965].

Under the Theft Act 1968, which element is NOT required to establish theft?

Answer: Violence or threat

Theft under s.1 Theft Act 1968 requires appropriation of property belonging to another, dishonestly and with intent to permanently deprive — violence is not an element.

What is the mens rea required for murder under English law?

Answer: Intention to kill or cause grievous bodily harm

Murder requires proof that the defendant intended either to kill or to cause grievous bodily harm, as confirmed in R v Moloney [1985].

A defendant owes a claimant a duty of care. The claimant suffers a broken leg after the defendant's negligent driving. Which 'but for' test formulation from Barnett v Chelsea & Kensington Hospital [1969] best describes causation?

Answer: The damage would not have occurred but for the defendant's breach of duty

The 'but for' test asks whether the damage would not have occurred but for the defendant's breach; if the claimant would have suffered the same harm anyway, causation is not established.

Which Act governs the admissibility of bad character evidence in criminal proceedings?

Answer: Criminal Justice Act 2003

The Criminal Justice Act 2003 (ss.98–113) replaced the old common law rules and sets out the gateways through which bad character evidence of defendants and non-defendants may be admitted.

What is the Inheritance Tax nil-rate band for the 2024–25 tax year?

Answer: £325,000

The basic IHT nil-rate band has been frozen at £325,000 since 2009, meaning estates above this threshold are taxed at 40% on the excess.

What is the term for the document issued by the Probate Registry authorising an executor to administer a deceased person's estate?

Answer: Grant of Probate

A Grant of Probate is issued to the executor(s) named in a valid will, authorising them to collect assets, pay debts, and distribute the estate.

Under the Wills Act 1837, how many witnesses must sign a will for it to be validly executed?

Answer: 2

Section 9 of the Wills Act 1837 requires that a will be signed by the testator in the presence of at least two witnesses who then sign in the testator's presence.

Under the SRA Code of Conduct for Solicitors, what must a solicitor do if they identify that a client's instructions would require them to act dishonestly?

Answer: Refuse those instructions and, if necessary, cease to act

A solicitor cannot act dishonestly in any circumstances; if client instructions require dishonesty, those instructions must be refused and the solicitor must cease acting if the client insists.

What type of resolution is required to change a company's articles of association?

Answer: Special resolution (75%)

Under s.21 CA 2006, a company's articles can only be amended by a special resolution passed by at least 75% of those voting.

What is 'mediation' in the context of dispute resolution?

Answer: A process where a neutral third party helps parties reach a voluntary agreement

Mediation is a process within Alternative Dispute Resolution where a neutral and impartial third party, the mediator, assists disputing parties in reaching a voluntary agreement. The mediator facilitates communication, helps identify issues, and explores potential solutions, but does not impose a decision. The goal is for the parties themselves to collaboratively find a mutually acceptable resolution.

In the tort of private nuisance, which element must the claimant establish regarding their interest in land?

Answer: The claimant must have a proprietary or exclusive possessory interest in the affected land

Following Hunter v Canary Wharf Ltd [1997], only those with a proprietary or exclusive possessory interest in the land (e.g., owner or tenant) can sue in private nuisance.

What is the purpose of a 'disclosure letter' in a share purchase transaction?

Answer: To qualify the seller's warranties by disclosing known exceptions

The disclosure letter allows the seller to qualify the warranties given in the SPA by disclosing specific facts that would otherwise constitute a warranty breach.

In contract law, what is the 'mirror image rule'?

Answer: The acceptance must match the offer exactly

The 'mirror image rule' in contract law dictates that an acceptance must precisely match the terms of the offer without any modifications or additions. If the acceptance introduces new terms or conditions, it is considered a counter-offer, which effectively rejects the original offer. This rule ensures that a clear and unambiguous agreement is formed between the parties, establishing mutual assent to the exact same terms.

Which of the following correctly states when the limitation period for a personal injury claim in negligence generally begins under the Limitation Act 1980?

Answer: Three years from the date of accrual of the cause of action or the date of the claimant's knowledge, whichever is the later

Section 11 of the Limitation Act 1980 provides that personal injury claims must be brought within three years from either the date of accrual or the claimant's date of knowledge (s.14), whichever is later.

In drafting legal documents, what is the significance of using clear and precise language?

Answer: To ensure the document is legally enforceable and understood by all parties

Using clear and precise language in drafting legal documents is paramount to ensure that the document's intent is unambiguous and legally enforceable. Ambiguity can lead to misinterpretation, disputes, and potentially render a document ineffective or unenforceable in court. Clarity ensures all parties, including judges and clients, fully understand their rights, obligations, and the document's legal implications, thereby preventing future conflicts.

Which document governs the internal management of a company under the Companies Act 2006?

Answer: Articles of Association

The Articles of Association constitute the company's constitution and govern its internal management and the rights of its members.