FE1 Exam Thread (Mod Warning: NO ADS)

Cherry_Angel

Looking for sample answers for Equity/Contract/Property.... Will swop for company??

itsonlybla

perfectly acceptable to paraphrase, its a meritable skill in itself

trying to cram

'I think they are all under different ones. What Mod Reg are you looking for?' model reg 80.

doing

Everything seems to come up if you look at the grids. I've done everything so far but (Griffith 2009 Contract manual chapters) Exclusion Clauses and Consumer Protection and Sale of Goods.

Could I get away with leaving either of these topics out?

Dal86

doing wrote: »

Everything seems to come up if you look at the grids. I've done everything so far but (Griffith 2009 Contract manual chapters) Exclusion Clauses and Consumer Protection and Sale of Goods.

Could I get away with leaving either of these topics out?

I have done everything except consumer protection and sale of goods. But seeing as there is a new examiner and she has done some work on this area might cram it in the night before....

evercloserunion

Just reading over the letter stating what you have to bring with you to the exam, is your candidate number = your exam number?

Anniemags

Doing, I would do Exclusion Clauses, if it comes up in a problem question you will be kicking yourself cos its pretty handy in fairness. Whats an exclusion clause?How should it be displayed? (couple of cases here) What should be in it?(couple of cases here)That's for a problem question. So handy, identify if the exclusion clause will be seen as incorporated into the contract. Dont know about an essay on it but if its there as a side issue in a question you'll be kicking yourself for not having couple of cases - they are memorable cases too - couple checking into hotel and the case about the car park....sorry I am trying to recall from quite a bit back.Good luck.

Liverpoollad

Hope study is going well for all. I am struggling with Contract and have a quick question in relation to frustration of contract that I was hoping somebody might be able to answer. I am confused by the case of Davis Contractors v Fareham UDC [1956] AC 696. It is under the heading of Ipossibility v Mere Difficulty but from the facts of the case, the contract has already been performed. Why would anyone claim frustration if the contract has already been executed. The plaintiff built houses at an extra cost of £21,000 and a delay of 14 months, but why claim frustration, as surely the plaintiff would require to be paid for the work already done and claiming frustation would see the contract discharged and the plaintiff receiving no payment. Sorry if I'm missing something simple here but I can't get my head around this. Any reply would be greatly appreciated. Thanks

doing

Anniemags wrote: »

Doing, I would do Exclusion Clauses, if it comes up in a problem question you will be kicking yourself cos its pretty handy in fairness. Whats an exclusion clause?How should it be displayed? (couple of cases here) What should be in it?(couple of cases here)That's for a problem question. So handy, identify if the exclusion clause will be seen as incorporated into the contract. Dont know about an essay on it but if its there as a side issue in a question you'll be kicking yourself for not having couple of cases - they are memorable cases too - couple checking into hotel and the case about the car park....sorry I am trying to recall from quite a bit back.Good luck.

Thanks, will do.

Would I be able to get away with leaving out Consumer Crotection and the Sale of Goods Act do you think?

corkgirl88

Does anyone have examiners reports for criminal law for;

April 2009
March 2011

If anyone could send them to me I am willing to swop entire exam banks for criminal, equity, constitutional, tort, eu.

Really want to get my hands on them.

PM if anyone is interested.

Nang

evercloserunion wrote: »

Just reading over the letter stating what you have to bring with you to the exam, is your candidate number = your exam number?

Yes.

wez99950

i hate and love this thread ha ha! it's very informative and yet i hate it when it's updated as i get a feeling of drrrread at the thought of someone saying they've covered this and that and i didn't even know they were on the course!

Just wondering, I have paid for 5 exams but i'm only sitting four. Do i have sit all 5 or can i skip tort (my 5th) and come for my four? double checking to be sure!

brian__foley

Anniemags wrote: »

Doing, I would do Exclusion Clauses, if it comes up in a problem question you will be kicking yourself cos its pretty handy in fairness. Whats an exclusion clause?How should it be displayed? (couple of cases here) What should be in it?(couple of cases here)That's for a problem question. So handy, identify if the exclusion clause will be seen as incorporated into the contract. Dont know about an essay on it but if its there as a side issue in a question you'll be kicking yourself for not having couple of cases - they are memorable cases too - couple checking into hotel and the case about the car park....sorry I am trying to recall from quite a bit back.Good luck.

I'd have to disagree here! First, if the questions are phrased to require no more than he above, that's fine. However, the exam has tended to give you facts which appear to raise Sale of Goods issues, and thus the issue of substantive compliance of the clause with s.55. Further, in some cases, one could see the Unfair Terms Regulations as relevant. Further, the questions have not been about simple incorporation, but have included questions of interpretation along the Canadian Steamship lines, which a lot of people have difficulty with. Further, you need to consider what Clayton Love means for an exclusion clause and a fundamental breach of contract, or a breach of condition under the Sale of Goods Act 1893.

That then leaves aside having to understand the difference between a limitation and and exclusion clause.

In short, I can't really remember many exclusion clause problems that simply required discussion of incorporation. Rather, they require much, much more (as the reports indicate) and, in fact, have been set with facts which suggest the relevance of the Sale of Goods legislation which is sometimes referred to in the report, and sometimes not.

For proper consideration of any exclusion clause issue, you have go miles beyond incorporation. My checklist would be as follows:-

1. It is a term of the contract in the first place?
2. Is it specially incorporated by signature, notice, course of dealing?
3. If so, is it applicable? Does it cover the wrong alleged?
4. If so, can you "kill it" by reason of Clayton Love.
5. If its a sale of goods issue, what does s.55 say?
6. If its services, what does s.40 (1980) say?
7. Is it a limitation clause. If so, how does affect application of Canadian Steamship?

It's not difficult at all, its just a lot of steps which can be needed to do a question well.

brian__foley

Liverpoollad wrote: »

Hope study is going well for all. I am struggling with Contract and have a quick question in relation to frustration of contract that I was hoping somebody might be able to answer. I am confused by the case of Davis Contractors v Fareham UDC [1956] AC 696. It is under the heading of Ipossibility v Mere Difficulty but from the facts of the case, the contract has already been performed. Why would anyone claim frustration if the contract has already been executed. The plaintiff built houses at an extra cost of £21,000 and a delay of 14 months, but why claim frustration, as surely the plaintiff would require to be paid for the work already done and claiming frustation would see the contract discharged and the plaintiff receiving no payment. Sorry if I'm missing something simple here but I can't get my head around this. Any reply would be greatly appreciated. Thanks

Because the project ended up costing the builder more than he was making. They wanted to claim the contract was frustrated, and seek recovery on quantum meruit. You can't claim quantum meruit if you have a contract, even if a contract that wasn't the best idea. Hence, the tactic was to try and "nuke" the contract and try recovery this way. The money paid would, in theory, stay where it was and then the quantum meruit argument would be made. It didn't work.

Liverpoollad

Cheers Brian, thanks for that, makes sense now

JessieJ

Trying to cram in as much as I can here, what topics do ppl consider must knows, apart from directors obviously!

Examinee

Hey, just wondering if somebody who has recieved some tips or if you may have any thoughts yourselves as to what COPMPANY TOPICS are worth focusing on for the exam.
Hope all the cramming is going well.

randomuser77

Examinee wrote: »

Hey, just wondering if somebody who has recieved some tips or if you may have any thoughts yourselves as to what COPMPANY TOPICS are worth focusing on for the exam.
Hope all the cramming is going well.

This should be of interest!

frustratedTC

Company will be the death of me! Would i be covered with

s25
consequences of incorporation
separate legal personality
corporate authority
ultra vires
Directors- duties, legislative controls,model reg 80, restriction, reckless and fraudulent trading
borrowings
share transfers, and some general points on shares for an essay
fraudulent preference and post-commencement dispositions
S213(e) and f
brief outline of examinership

steph86

frustratedTC wrote: »

Company will be the death of me! Would i be covered with

s25
consequences of incorporation
separate legal personality
corporate authority
ultra vires
Directors- duties, legislative controls,model reg 80, restriction, reckless and fraudulent trading
borrowings
share transfers, and some general points on shares for an essay
fraudulent preference and post-commencement dispositions
S213(e) and f
brief outline of examinership

Yeh i would say you will be fine, i'm doing company too and i'm doing most of yours except i'm also doing capital maintenance. i only have bullet points for share transfer. dream paper would be 2 q's on directors, corporate borrowing, u.v and incorporation. fingers crossed.

frustratedTC

Yea bit worried about leaving capital maintenance and receivership out. Does S60(2) come up a lot with directors or does it tend to be a standalone? Anyone whose sat the exam before for company, what's it like trying to get the 5 Q's done in such a short time? I got tort, but the timing nearly killed me for it, just wondering if company's similar. Ive heard he's a nasty marker as well

bob_lob_law

I'm going to do meetings now as well, it seems to be straight forward enough and he said it was poorly answered last time it was up. Definitely recommend people do examinership as well, it's all there for you in the legislation and you just need a few cases on top of that.

cd.galway

Fixed Vs Floating from a banks perspective

Hi,

Just wondering what the benefit from a banks perspective is of issuing a floating charge...is it that the stock of the company could potentially rise in value and thereby benefit.

thanks

Dal86

In regards to tort and defamation is it necessary to know all 9 defences well?

Dal86

In regards to tort and defamation is it necessary to know all 9 defences well?

Thanks

brannid3

Dal86 wrote: »

In regards to tort and defamation is it necessary to know all 9 defences well?

Thanks

I know what they are but I only know cases for the ones that I would consider important (qualified privilege,truth,absolute privilege). My first time doing these though so not sure what to make of defamation as a question.

db707

brannid3 wrote: »

I know what they are but I only know cases for the ones that I would consider important (qualified privilege,truth,absolute privilege). My first time doing these though so not sure what to make of defamation as a question.

I have been looking over old papers and I didn't see qualified privilege or absolute privilege comeup much (especially in the problem qu's). I have been focusing on truth and fair and reasonable publication. GCD recommended knowing the act well with just a few relevant cases.

itsonlybla

I'd say its very important to know the 9 defences to Defamation

randomuser77

Hope last minute cramming is working out for everyone!

Quick question, does anyone know of an article on priorities on distribution in a winding up. I'm can't quite figure if the costs of liquidation come before or after fixed charges and why.

Charlie D

I sat company last time and passed (got 50) but unfortunately didn't get my first three so sitting it again. I hadn't very much time to study for it and in all honesty had to make stuff up from the companies acts for at least two questions, felt I really only knew one question. I think company isn't that bad overall and he doesn't mix too much so i'm sure we'll all be fine. Here's hoping for three this time:-)