FE1 Exam Thread (Read 1st post!) NOTICE: YOU MAY SWAP EXAM GRIDS

Ownleme

Views on buying the succession act for €7? I know it's guaranteed two questions but would you really end up using it?

Midlecat

Legal125 wrote: »

Anyone know if s49 charities act 1961 still applies ie trust for charitable and non charitable purpose construed to exclude non charitable purpose???

Thanks in advance!!

From what I can see section 49 has not been repealed by 2009 act, quote form 2009 Act

SCHEDULE 2
Repeals
Short Title Extent of Repeal
(1) (2)
Charities Act 1961 Chapter I of Part II (other than sections 11(2) and 17) and
sections 26 and 45.
In section 23(1), by the deletion of the words “, with the
previous consent of the Attorney General,”.
In section 24, by the deletion of the words “without
obtaining the consent of the Attorney General”.
In section 25, by the deletion of the words “other than the
Attorney General,”.
In section 53, by the deletion of the words “except the
Attorney General”.

Section 49 of 1961 is in Part III of Act so think it is still valid as Doctrine of Severance.

I stand open to correction however. I didn't event think of that aspect as not in manual.

Midlecat

Ownleme wrote: »

Views on buying the succession act for €7? I know it's guaranteed two questions but would you really end up using it?

Could do no harm, has all details of valid reqs for a will and basics where signature should be etc. Also hand for s. 56 appropriation - I got it today just in case I draw a blank on Friday. It might be all I'll have on the page on the day.:(

michelle2000

Dave Freeman wrote: »

I have the 2013 Constitutional Law seminar by Eoin Carolan (the FE1 examiner) which lists the 10 most important cases for the last year, can email it on if any one would be willing to send me 2012 or 2013 sample answers for any subject or any examiners reports upto 2013.

Ownleme wrote: »

Views on buying the succession act for €7? I know it's guaranteed two questions but would you really end up using it?

Would def recommend getting this. Surprisingly useful to have on the day.
Any one have any idea of the pass rate for TORT?

LawCQ91

Hi all,

Hope study is going well.

I am just wondering how is everyone getting on in terms of preparation for the April sitting?
I am sitting my first 5 in April.. and I am still making notes at the moment.

I am hoping to have 2 weeks before the exams to learn off the notes off by heart
do you reckon it's enough time to learn everything off?

Never sat those exams before, not sure how am I doing in terms of time management.
I have been making notes but I don't think I remembered that much case law while making notes :O

Midlecat

For property is it too risky to do succession easements family property and licences with back up AP...? Funny feeling that she might leave out family as its be done. Worse still might give one Succession question only.

Ownleme

michelle2000 wrote: »

Would def recommend getting this. Surprisingly useful to have on the day.
Any one have any idea of the pass rate for TORT?

No mention of it on any reports I have

Milkypops

Are people.leaving any topics out for eu and constitutional??

Legal125

Midlecat wrote: »

From what I can see section 49 has not been repealed by 2009 act, quote form 2009 Act

SCHEDULE 2
Repeals
Short Title Extent of Repeal
(1) (2)
Charities Act 1961 Chapter I of Part II (other than sections 11(2) and 17) and
sections 26 and 45.
In section 23(1), by the deletion of the words “, with the
previous consent of the Attorney General,”.
In section 24, by the deletion of the words “without
obtaining the consent of the Attorney General”.
In section 25, by the deletion of the words “other than the
Attorney General,”.
In section 53, by the deletion of the words “except the
Attorney General”.

Section 49 of 1961 is in Part III of Act so think it is still valid as Doctrine of Severance.

I stand open to correction however. I didn't event think of that aspect as not in manual.

Yeah it's not in manual and I answer problem q in college exams where they expected you to point out exclude non charitable purpose. Was wondering if I was correct in that or if I was going mad! Thanks!!

Midlecat

Legal125 wrote: »

Yeah it's not in manual and I answer problem q in college exams where they expected you to point out exclude non charitable purpose. Was wondering if I was correct in that or if I was going mad! Thanks!!

No I just looked at college notes from 2004 and saw it so checked the Acts, I think we are working off different manuals and if they both left it out, I might too!

michelle2000

Midlecat wrote: »

For property is it too risky to do succession easements family property and licences with back up AP...? Funny feeling that she might leave out family as its be done. Worse still might give one Succession question only.

Wouldnt risk leaving out too much considering last paper. Have a solid AP answer ready to go and perhaps take an hour and look at finding? A topic that seems to come up a lot and is very short/easy to get your head around!

chops018

Good luck to all doing Tort tomorrow.

My head is absolutely wrecked with Company.

LawCQ91

MissM89 wrote: »

Hi everyone

In a problem question relating to tracing, how would you go about applying the correct test? Do you just apply the test that is most suitable for the beneficiary to get their money back or does it depend on the facts of the problem question?
I am assuming in an essay question to just go through the tests, but I am a bit confused re problem questions.

Any help - much appreciated!
Thanks.

Hiya,

From my understanding of the topic, it depends on the facts of the problem.
For example, if the trustee merely misappropriated the fund then the Fosskett rule applies. If funds were mixed, then Re:Hallett Rule applies (or Re: Oataway). If it is mixed in an active bank a/c. Re: Clayton or Barlow Clowne applies ( doesn't apply but his own money in this rule)


Not sure if I am right..

--homeslice--

I know you're all going to be busy and have a bajillion things to look over in the next few days but if any of you have the chance after the exam to post up here what topics came up it would be amazingly helpful for us suckers doing the April sitting!

Best of luck guys!

Midlecat

Best of luck to everybody - so it begins

71fe1

What topic did people answer on question 2 today?

Ownleme

71fe1 wrote: »

What topic did people answer on question 2 today?

Just answered using general negligence principles

Midlecat

Is there anyone on here doing property on Friday? What are ye covering?

I'm torn between trying to cover a lot really loosely today and tomorrow or just hedging my bets and picking 6. Def leaving out LL and T, Mortgages and Covenants plus all the estate stuff. Might try cover Reg of Prop but will that come up twice?

Didi2013

For those of ye are sitting the Tort Paper in April! Here's what I did! Any one care to differ, let me know,

Q1 - Defamation essay - fine no major issue.
Q3 - Problem of Employer liability, Vicarious liability(Course and Scope) wrote a small bit on Assult, although said it didn't matter as it Mary wasn't suing Harry.
Q5 - Occupier Liability (Held he wasn't liable)
Q6 - Duty of Care Essay - fine no major issue
Q8 - Professional Negligent (I wrote a small bit on duty care, didn't mention remoteness of damage though, which now I think I should have!!)

Also Midlecat, I would cover Mortgages over Reg of Prop if your stuck for time. Mortgages is so topical at the moment and with the start mortgages v gunn issue, you couldnt leave it out! Hope that helps!

CRM1

chops018 wrote: »

Good luck to all doing Tort tomorrow.

My head is absolutely wrecked with Company.

Best of luck chops! Hope it goes well for you beyond deserved at this stage!

Any of you that have the tort paper from today could I get a copy of it by email or screenshot it would be a great help.... I would return the favour from any of my papers in April gladly??!

Ownleme

Q1 - Defamation essay - fine no major issue.
Q3 - Problem of Employer liability, Vicarious liability(Course and Scope) wrote a small bit on Assult, although said it didn't matter as it Mary wasn't suing Harry.
Q5 - Occupier Liability (Held he wasn't liable)
Q6 - Duty of Care Essay - fine no major issue
Q8 - Professional Negligent (I wrote a small bit on duty care, didn't mention remoteness of damage though, which now I think I should have!!)

Q1. Didnt do it cuz thought it was too specific. Bout Irish cases that show how what "reasonable members of society" consider defamatory will change over time.
Q3. Wrote a bit about battery!also is nursing home vicariously liable for him cuz he's a resident there is it?
Q8. Personally think its ok u left out remoteness of damage but that could be cuz I did too!

Midlecat

Didi2013 wrote: »

For those of ye are sitting the Tort Paper in April! Here's what I did! Any one care to differ, let me know,

Q1 - Defamation essay - fine no major issue.
Q3 - Problem of Employer liability, Vicarious liability(Course and Scope) wrote a small bit on Assult, although said it didn't matter as it Mary wasn't suing Harry.
Q5 - Occupier Liability (Held he wasn't liable)
Q6 - Duty of Care Essay - fine no major issue
Q8 - Professional Negligent (I wrote a small bit on duty care, didn't mention remoteness of damage though, which now I think I should have!!)

Also Midlecat, I would cover Mortgages over Reg of Prop if your stuck for time. Mortgages is so topical at the moment and with the start mortgages v gunn issue, you couldnt leave it out! Hope that helps!

Ugh, thanks Didi2013 I was hoping you wouldn't say that not even read it yet. Then if it comes up with priorities with land reg I could be screwed anyways...

michelle2000

Didi2013 wrote: »

For those of ye are sitting the Tort Paper in April! Here's what I did! Any one care to differ, let me know,

Q1 - Defamation essay - fine no major issue.
Q3 - Problem of Employer liability, Vicarious liability(Course and Scope) wrote a small bit on Assult, although said it didn't matter as it Mary wasn't suing Harry.
Q5 - Occupier Liability (Held he wasn't liable)
Q6 - Duty of Care Essay - fine no major issue
Q8 - Professional Negligent (I wrote a small bit on duty care, didn't mention remoteness of damage though, which now I think I should have!!)

Also Midlecat, I would cover Mortgages over Reg of Prop if your stuck for time. Mortgages is so topical at the moment and with the start mortgages v gunn issue, you couldnt leave it out! Hope that helps!

Just curious as to q3 did it also did but didnt mention vicarious as advising Mary as to her action against the nursing home. In what way did vicarious arise? Didn't mention it at all

sophya

Can someone list what came up today for Tort. Doing it in April and dreading it.

Asho87

Any tips for Company tomorrow?? Seriously panicking now!!

Hope everyones exams going well so far!

Inmyownworld

Anyone help me with what is a crystallising event for a floating charge other than the appointment of receivor?

Unfortunately I've no tips for company, I feel like I've enough covered when I look at past papers but I keep being unlucky with Qs and topics, I guess just cover as much as possible!

Asho87

Receiver, wind up, notice given by debenture holder, cessation of business, could be an automatic date written into the debenture/agreement.

Inmyownworld

Asho87 wrote: »

Receiver, wind up, notice given by debenture holder, cessation of business, could be an automatic date written into the debenture/agreement.

Cheers! Ive so much written out and feel like none of it is going into my head!

omgnaire

Inmyownworld wrote: »

Cheers! Ive so much written out and feel like none of it is going into my head!

Im the exact same!!! I feel like i cant remember nethin! Hopefully he'll go easy on us tomorro best of luck

Dobbo

Ya the defamation essay for Tort today was fairly specific alright - I think I had a few relevant points re the change over time. Re Q2 I didnt cop for ages but think its actually a causation question as last line references whether he caused it. Q8 - I was fairly poor on - appart from going over and over Dunne v National Maternity Hospital - had a serious lack of cases - just about had 5 things to write something about - think I wont sit it again in April - will see what independent colleges review says