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

jewels652

Hi everyone
I hope study is going well. I got two weeks off to study and I finding it hard to get motivated. To be honest I just resent the fact that I have to study the same all over again. I have a law degree so is basically studying for the same thing all over again. Pretty Annoying.
Anyway now that my rant is finished anybody knows what are the predictions for tort, contract and property??
Please

Gunslinger92

Supermax1988 wrote: »

Well, not really. You don't have to ignore paragraph 1 and 2. You just read them as incidents of Mary assuming responsibility for their behaviour/attempting to change their behaviour. By attempting to limit their volume (paragraph 1) and changing the way they play their game (paragraph 2/3).

Have a read of the examiners report for that question too. He specifically references liability for the actions of others and control of others in their responsibility. Nothing about Nuisance.

100% agree with what you're saying about being alive to all of the potential issues. But at the same time you only have 30-32 minutes per question in the exam and you can lose time and marks by discussing topics that aren't relevant to the question. I did a Tort prep course in a previous sitting and the best advice I got was to always pay close attention to the final line of every problem question. 9/10 that's where the examiner will drop the biggest hint as to the topic(s) he wants you to explore.

I appreciate you've the examiners report but I sat that exam and did that question. Worst exam ever, I legitimately cried a wee bit during it
Anyways, I answered that Q on public nuisance, liability for children didn't enter my head at all. I passed it :pac:
So for people sitting tort, just make sure you answer 5 questions and even if you think you're writing a pile of ****e, just write it. I honestly only had 1 good answer (the defamation one), two average at best ones and two that I literally had to make up on the morning. I got 51.

Fe1hun18

bigtophat13 wrote: »

On the off chance do you have their predictions for equity? Such a big subject and I'm struggling to whittle it down

no I sat it in March - had the predictions for that sitting of equity tho and they were 90% right so keep trying!

bigtophat13

Fe1hun18 wrote: »

no I sat it in March - had the predictions for that sitting of equity tho and they were 90% right so keep trying!

No worries, at least I'll know if anyone is so kind that they're a good shout!

redyellow greenblue

Hi, just wondering whether most people bring in both volumes of the Companies Act? I didn’t actually realise they were so big!

Also wanted to double check that we’re allowed to bring in the little blue book for the Constitution - or does it have to be one printed on yellow paper like the others from the office of public works?

PuffleHuffLyra

Does anyone have any recent (2014+) sample answers for Constitutional? Any help at all appreciated!

Teamhrach

redyellow greenblue wrote: »

Hi, just wondering whether most people bring in both volumes of the Companies Act? I didn’t actually realise they were so big!

Also wanted to double check that we’re allowed to bring in the little blue book for the Constitution - or does it have to be one printed on yellow paper like the others from the office of public works?

"The little blue book" is the one you need

GingerAleSnail

Supermax1988 wrote: »

Well, not really. You don't have to ignore paragraph 1 and 2. You just read them as incidents of Mary assuming responsibility for their behaviour/attempting to change their behaviour. By attempting to limit their volume (paragraph 1) and changing the way they play their game (paragraph 2/3).

Have a read of the examiners report for that question too. He specifically references liability for the actions of others and control of others in their responsibility. Nothing about Nuisance.

100% agree with what you're saying about being alive to all of the potential issues. But at the same time you only have 30-32 minutes per question in the exam and you can lose time and marks by discussing topics that aren't relevant to the question. I did a Tort prep course in a previous sitting and the best advice I got was to always pay close attention to the final line of every problem question. 9/10 that's where the examiner will drop the biggest hint as to the topic(s) he wants you to explore.

Completely agree.. think the Tort examiner is like criminal, they throw loads into a question to see if you can identify the most significant issue, I've gone over loads of papers and reports and it seems to me the key is on the last line.. advise x in relation to y. That will be my strategy anyway!!
(Edited as autocorrect on my phone is killing me)

Heart Shaped Box

Anyone have any decent sample answers for company? Willing to swap

lawless11

Is any of these topics worth learning for Property or can I reasonably safely discard them?

-Tenures
-Freehold Estates
-Hybrid Estates
-Settled Land
-Freehold Covenants

sapphire309

lawless11 wrote: »

Is any of these topics worth learning for Property or can I reasonably safely discard them?

-Tenures
-Freehold Estates
-Hybrid Estates
-Settled Land
-Freehold Covenants

I'm discarding them all, but only because I just don't have the time to learn them.

jus_me

sapphire309 wrote: »

I'm discarding them all, but only because I just don't have the time to learn them.

I’m disregarding them too

Leraf

If anyone has the predictions from the prep courses and are willing to share I would be eternally grateful :pac:

Townton

Fe1hun18 wrote: »

Independent colleges constitutional predictions :

1) case note
2) SOP
3) findings of unconstitutionality
4) equality
5) family and children
6) article 38.1 and pre trial publicity
7) property rights

These are all fairly predictable anyway so might not be of that much help

Good to have anyways. But only seven do you actually think you would be covered with that? If so happy days. But I would have though minimum 9 topics regardless of the subject.

Townton

lawless11 wrote: »

Is any of these topics worth learning for Property or can I reasonably safely discard them?

-Tenures
-Freehold Estates
-Hybrid Estates
-Settled Land
-Freehold Covenants

I'm not covering them did the Griffith course and they recommended nine topics that would have you covered on between 6-7 topics sometimes more for the last 15 plus papers. None of the above were recommended. They do come up but can very much so be done without.

Townton

Fe1hun18 wrote: »

Independent colleges constitutional predictions :

1) case note
2) SOP
3) findings of unconstitutionality
4) equality
5) family and children
6) article 38.1 and pre trial publicity
7) property rights

These are all fairly predictable anyway so might not be of that much help

Also, I appreciate that it's a guessing game but are Independent Colleges predictions usually accurate? Or at least relatively accurate?

jazzypatty89

Don't know if this will be helpful to anyone but here is a Webinar our Contract Examiner did on Penalty Clauses and Illegal Contracts: https://www.youtube.com/watch?v=Z6md3qj_XeU


Mod
Copyright?

bigtophat13

Townton wrote: »

I'm not covering them did the Griffith course and they recommended nine topics that would have you covered on between 6-7 topics sometimes more for the last 15 plus papers. None of the above were recommended. They do come up but can very much so be done without.

How are the Griffith recommendations for any of the other exams do you know if you don't mind me asking? Worried about equity and Contract the most as I think company and Eu are a little more predictable

Townton

bigtophat13 wrote: »

How are the Griffith recommendations for any of the other exams do you know if you don't mind me asking? Worried about equity and Contract the most as I think company and Eu are a little more predictable

Equity they give a list again of nine topics which if covered your fine for all past papers going back years with some to spare. For the land, I will actually say I think in 2012/2013 cant remember they were only covered for 4 but that was an unusual year. In regards to contract I'm not too sure I'm afraid. What are you covering for contract?

bigtophat13

Townton wrote: »

Equity they give a list again of nine topics which if covered your fine for all past papers going back years with some to spare. For the land, I will actually say I think in 2012/2013 cant remember they were only covered for 4 but that was an unusual year. In regards to contract I'm not too sure I'm afraid. What are you covering for contract?

Could I be as cheeky as to ask what they were saying for Equity? What I'm most terrified of is covering effectively all of specific performance and then a question as specific as the one a few years ago on contracts for services

For contract I'm thinking

-O & A
-Consideration
-Consumer Contracts
-Illegal Contracts
-Exclusion Clauses
-Intention to Create Legal Relations
-Capacity
-Express and Implied Terms
-Mistake
-Misrepresentation
-Damages
-Estoppel
-Penalty Clauses (but I dont fancy them two years in a row)

Leaving out privity as it was up last year, Disclosure as it's up rare enough and I don't have time and only doing enough on breach to cover an aspect of a problem, probably frustration.

Anything there you think I could leave out? Seems an awful lot

kasey0123

PROPERTY QUESTION!

Hey everyone! I have a property problem Q I'm kind of confused about...

My old lecturer is the new examiner, more than likely going to repeat his own Q's so here's one:

Confused at whether this is a weird AP question, that puts in the "garden lease" to throw people, or is it making reference to an easement to park cars also... ?? Any pointers would be great. I'll post up more sample Q's if anyone wants also !

Thomas owns a house in North Dublin City. In or about 1995, he wrote tg the city council indicating that he was concerned about anti-social behaviour on a patch of road
outside his property belonging to the city council, and he requested that a wall be built on it. There was no response In 1997, Thomas decided to build a wall encompassing about 1/16™ of an acre of the public road belonging to the council. He also built
temporary sheds behind the wall and is now parking his car on them. The council were
unhappy about this development, and wrote numerous letters to Thomas requesting that he take the wall down. On 12/12/2005, the council wrote making a proposal that he
would enter into a gardening lease for the appropriated area at a rent of €1000 per annum for twenty years. He responded by letter which simply stated “I refer to your letter of the 12/12 and its contents are acceptable to me.” Thomas’ letter to the council was dated and signed by Thomas and there was nothing else contained therein. However, the matter went no further. In June 2010, the council issued proceedings against Thomas seeking his ejectment from the lands on the basis of trespass. Advise Thomas.


Thoughts?

I'm covering topics : Succession; AP; Easements; Co-ownership; Landlord & Tenant; Family Prop; Land reg & finding skimming. Any some small note type questions on the influence of equity , bare/contractual license and residential rights

Bashbag89

Hey everyone, can anybody provide me with a short to the point definition for the tort of passing off.

Please and Thanks

Tony_TwoLegs

Bashbag89 wrote: »

Hey everyone, can anybody provide me with a short to the point definition for the tort of passing off.

Please and Thanks

It's trading to potential/ ultimate consumers on the back of an established brand, which COULD affect the goodwill/ reputation they've built up. Deliberate intention is not a requisite.
That's the jist roughly

FE!student

Townton wrote: »

Equity they give a list again of nine topics which if covered your fine for all past papers going back years with some to spare. For the land, I will actually say I think in 2012/2013 cant remember they were only covered for 4 but that was an unusual year. In regards to contract I'm not too sure I'm afraid. What are you covering for contract?

Do you have a list of the Equity topics by any chance?

lawless11

@kasey0123 don't take me too seriously, I'll try and speculate.

It seems indeed that the topics of AP & easements are mixed in your PQ. For AP, following on the time-line, there is no actual possibility to claim for adverse possession (never the 12 years, the Council asserted rights etc...).

On the topic of easements, S.33 LCLRA wants the user for 30 years as against State Authorities or 12 for private landowners (council not being a state authority apparently) without force, secrecy or oral or written permission of the servient land owner. However, this is for post-2009 and the law is not retrospective. [For me here if the provision applied, as council is complaining, it would not be applicable.]
Easement by presumed grant or prescription (pre-2009) also needs the "no force, no secrecy, no oral/written agreement" so I also don't see how this could be applicable.

To be honest, it's all a bit foggy, sorry! What are your views on that? And if you have any others, sure share them, it's some training aha.

jus_me

Townton wrote: »

Equity they give a list again of nine topics which if covered your fine for all past papers going back years with some to spare. For the land, I will actually say I think in 2012/2013 cant remember they were only covered for 4 but that was an unusual year. In regards to contract I'm not too sure I'm afraid. What are you covering for contract?

Can you share the 9? I did the griffith prep but don’t remember them telling me that haha

Townton

FE!student wrote: »

Do you have a list of the Equity topics by any chance?

Can dig them out for you tomorrow. PM to remind me though.

Smiley283

These are the Equity Topics I have that Griffith told us to cover.

1. Injunctions
2. Express Trusts
3. Charitable Trusts
4. Resulting Trusts
5. Trusteeship
6. Tracing
7. Specific Performance
8. Constructive Trusts
9. Undue Influence

Can anyone send me Undue influence sample answers or mortgage sample notes/answers?! PLEASE!

kasey0123

Yeah that seems about right! Thanks a lot. I think I'm very used to AP PQ when there is a good chance of adverse possession so this one threw me to bits!

I did find a case: Hughes v Griffin where he was in possession of the lands with a licence for a period of time and when the licence ceased, AP commenced. Another one is A v C where the conduct between the parties led to an implied licence so negated AP. As regarding the easement scenario in there, Clarke J gives a good judgment in Dunne regarding a claim for AP that is equally consistent with establishing an easement. Really would not like a Q like this at all I was so confused looking at it haha.

I'm thinking there will definitely be a problem Q on commercial leases so need to know long user equity, business equity etc and probably a section on compensation for improvements! Banking on the 2 Succession Q's, an AP Q and two others from 4 other big topics. SHould be grand!

kasey0123

PROPERTY SAMPLE Q

Paul and Christina are a couple, but are not married. They purchased a house together in 2005. To finance the purchase, they took out a loan with Irish Bank Limited, which is secured on the property by way of a deed of mortgage and charge. The bank neglects
to register the charge until November of 2013. They then took out a second mortgage on the property in 2010 with Subprime Lenders Limited, which was registered against the house in June 2010. In the second mortgage deed, there are no express terms
governing default.

This deed also contains a clause stating that the interest rate shall increase if any payment is ever late, and another clause stating that the borrowers must maintain a savings account with the lenders for 10 years. Christina has a failing business and has left a number of unpaid debts. Her creditors have registered a judgment mortgage against the property registered in December 2009. Paul and Christina have now missed a mortgage payment due on foot of the second mortgage.

Subprime Lenders Limited now wish to enforce the security and seek your advice as to any obstacles they may face, and the best way to proceed.