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

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  • Registered Users Posts: 35 BemusedKettle


    Is the duty of utmost good faith an important topic?

    Does not seem to be in my notes but did come up as an essay in Spring 2015 :(


  • Registered Users Posts: 169 ✭✭EmmaO94


    Hi, I have one, happy to send of you dm me. I got it off someone else so I can't be sure it's entirely accurate, but can send if you want!

    Hey,

    I would be so so grateful if you could possibly sent this to me too? Stressing a bit for Contract now, thanks!


  • Registered Users Posts: 239 ✭✭LawGirl3434


    Is the duty of utmost good faith an important topic?

    Does not seem to be in my notes but did come up as an essay in Spring 2015 :(

    Are you talking about Q1? That said not to profit or conflict of interest, think looking for board man v phelps craddock v piper then into rule against self dealing


  • Registered Users Posts: 3,891 ✭✭✭iamanengine


    Is the duty of utmost good faith an important topic?

    Does not seem to be in my notes but did come up as an essay in Spring 2015 :(

    Don't think it comes up often but it's a pretty small section within Misrep.
    Are you talking about Q1? That said not to profit or conflict of interest, think looking for board man v phelps craddock v piper then into rule against self dealing

    Q8


  • Registered Users Posts: 21 Insta92


    Can someone please briefly distinguish an interlocutory injunction and interlocutory mandatory injunction? Note the threshold is higher for a mandatory injunction but other than that can not distinguish.


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  • Registered Users Posts: 239 ✭✭LawGirl3434


    Don't think it comes up often but it's a pretty small section within Misrep.



    Q8

    Her report just goes into POA and presumed resulting trusts?


  • Registered Users Posts: 3,891 ✭✭✭iamanengine


    Her report just goes into POA and presumed resulting trusts?

    Sorry, this is for Contract!


  • Registered Users Posts: 239 ✭✭LawGirl3434


    Sorry, this is for Contract!

    Oh my god hahaha I was like WHAT


  • Registered Users Posts: 3,891 ✭✭✭iamanengine


    Contract

    Does anyone have notes for Intention to Create Legal Relations?

    City Colleges night before video tipped it to come up but I don't have anything for it, pretty please


  • Registered Users Posts: 75 ✭✭supercreative


    Insta92 wrote: »
    Can someone please briefly distinguish an interlocutory injunction and interlocutory mandatory injunction? Note the threshold is higher for a mandatory injunction but other than that can not distinguish.

    "Interlocutory" just means an injunction that is granted to keep things as they are until the trial (Campus Oil v Min for Industry).

    A prohibitory interlocutory injunction is an injunction granted to stop somebody from doing something until the trial. PIIs use the Campus Oil principles.

    A mandatory interlocutory injunction is granted to make somebody do something until the trial. Since it's considered to be much more onerous to require somebody to do something than to stop them from doing something, it's harder to get an MII than a PII. There is some dispute about the correct principles to apply in granting a MII. Naujoks v NIBRT said the correct approach was to apply the Campus Oil principles but require a much higher standard of prima facie case that almost amounts to a moral certainty that the harm will occur (Lingham v HSE). On the other hand, Tola Capital Management v Joseph Linders (No 1) said that you should apply the higher standard in Lingham but instead look at which option (between granting or not granting the injunction) would have the least risk of injustice, drawing on Shelbourne Hotel Holdings v Torriam Hotel Operators.

    Think this is right but open to correction!


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  • Registered Users Posts: 105 ✭✭Louis Litt


    Contract law

    Any kind sole care to explain how acceptance is effected via email? the electronic commerce act is jibberish to me.


  • Closed Accounts Posts: 18 Legal23


    Louis Litt wrote: »
    Contract law

    Any kind sole care to explain how acceptance is effected via email? the electronic commerce act is jibberish to me.

    My understanding is acceptance is effected via email once it has been received by the offeree not like the postal rule where acceptance has been completed once it is posted.


  • Registered Users Posts: 58 ✭✭scooby321


    Equity

    What topics are people covering for Equity?


  • Registered Users Posts: 51 ✭✭20082014


    CRIMINAL

    in relation to Q.4 on todays exam, I said that John would not be guilty of rape but could be guilty of aggravated sexual assaulted as he pushed her into the bush etc. I didnt talk about attempt, is there any possible way I would pass this question by not mentioning attempt?


  • Registered Users Posts: 2 Lawguy29


    scooby321 wrote: »
    Equity

    What topics are people covering for Equity?

    All Injunctions( but focusing on mareva)
    Tracing
    Specific performance
    Undue influence and recission
    All Trusts (focusing on secret, charitable)
    Trustees

    Dont know if that's enough but what's done is done now 😅


  • Registered Users Posts: 344 ✭✭spygirl


    20082014 wrote: »
    CRIMINAL

    in relation to Q.4 on todays exam, I said that John would not be guilty of rape but could be guilty of aggravated sexual assaulted as he pushed her into the bush etc. I didnt talk about attempt, is there any possible way I would pass this question by not mentioning attempt?

    Don't go beating yourself up over it, always possible you passed the question even if you left an element out. Concentrate on whatever exams you have left. Stressful enough getting through them without starting to second guess yourself now for a minor slip.


  • Registered Users Posts: 131 ✭✭JCormac


    European Law yet again:

    (I'm sorry)

    Does anybody have any sample essays for General Principles/Fundamental Rights?

    I have notes for the majority of FE1 exams I can swap!


  • Registered Users Posts: 2 Lawguy29


    Anyone who has already sat equity, how tough of a marker is the examiner? Any advice for what they look for?


  • Registered Users Posts: 3,891 ✭✭✭iamanengine


    Any predictions for Contract?


  • Registered Users Posts: 106 ✭✭CiaranS93


    spygirl wrote: »
    Don't go beating yourself up over it, always possible you passed the question even if you left an element out. Concentrate on whatever exams you have left. Stressful enough getting through them without starting to second guess yourself now for a minor slip.

    I definitely agree here. I don’t bother even looking at the materials after the exam when there is more to come. Just puts you in an necessary mindset when you have exams left to do.

    Also the examiner tends to give marks easier than most others


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  • Registered Users Posts: 21 Insta92


    "Interlocutory" just means an injunction that is granted to keep things as they are until the trial (Campus Oil v Min for Industry).

    A prohibitory interlocutory injunction is an injunction granted to stop somebody from doing something until the trial. PIIs use the Campus Oil principles.

    A mandatory interlocutory injunction is granted to make somebody do something until the trial. Since it's considered to be much more onerous to require somebody to do something than to stop them from doing something, it's harder to get an MII than a PII. There is some dispute about the correct principles to apply in granting a MII. Naujoks v NIBRT said the correct approach was to apply the Campus Oil principles but require a much higher standard of prima facie case that almost amounts to a moral certainty that the harm will occur (Lingham v HSE). On the other hand, Tola Capital Management v Joseph Linders (No 1) said that you should apply the higher standard in Lingham but instead look at which option (between granting or not granting the injunction) would have the least risk of injustice, drawing on Shelbourne Hotel Holdings v Torriam Hotel Operators.

    Think this is right but open to correction!
    Thank you I really appreciate your help.


  • Registered Users Posts: 147 ✭✭Hamerzan Sickles


    If it makes any of you feel better about your respective work ethics, I have literally only started studying equity as of half an hour ago. I haven't looked at it in roughly two weeks.


  • Registered Users Posts: 18 lawyersuffolk


    Any predictions for Contract?

    City Colleges predictions are:

    Q1) PQ - Offer & Acceptance / INCLR
    Q2) PQ - consideration / certainty
    Q3) PQ - exemption clauses / remedies
    Q4) essay - misrep
    Q5) essay - discharge of contractual obligations
    Q6) essay - Illegality
    Q7) essay - remedies
    Q8) PO - consumer protection

    Only predictions so wont stick them too much but hoping paper is something similar!


  • Registered Users Posts: 3,891 ✭✭✭iamanengine


    City Colleges predictions are:

    Q1) PQ - Offer & Acceptance / INCLR
    Q2) PQ - consideration / certainty
    Q3) PQ - exemption clauses / remedies
    Q4) essay - misrep
    Q5) essay - discharge of contractual obligations
    Q6) essay - Illegality
    Q7) essay - remedies
    Q8) PO - consumer protection

    Only predictions so wont stick them too much but hoping paper is something similar!

    What is certainty?


  • Registered Users Posts: 18 lawyersuffolk


    Any predictions for Contract?
    What is certainty?

    Certainty of terms in O+A chapter


  • Registered Users Posts: 28 legaltraineex


    Does anyone have what came up in Equity in March please?


  • Registered Users Posts: 434 ✭✭rightytighty


    Does anyone have predictions for equity?


  • Registered Users Posts: 83 ✭✭ahhhhhFE1s


    Does anyone have what came up in Equity in March please?

    Q1: Trustees- PQ
    Q2: UI and 3rd parties (banks)- E
    Q3: Quia timet injunction-PQ
    Q4: Constructive trust- Breach of trust (stranger)- E
    Q5: DMC- PQ
    Q6: Notes: Non-charitable trusts/Charitable trusts-poverty/satisfaction
    Q7: Rectification- unilateral mistake AND defences for SP- PQ
    Q8: Resulting trusts- Joint bank a/c AND rebutting PoA- E


  • Registered Users Posts: 28 legaltraineex


    ahhhhhFE1s wrote: »
    Q1: Trustees- PQ
    Q2: UI and 3rd parties (banks)- E
    Q3: Quia timet injunction-PQ
    Q4: Constructive trust- Breach of trust (stranger)- E
    Q5: DMC- PQ
    Q6: Notes: Non-charitable trusts/Charitable trusts-poverty/satisfaction
    Q7: Rectification- unilateral mistake AND defences for SP- PQ
    Q8: Resulting trusts- Joint bank a/c AND rebutting PoA- E

    Thanks a million.

    Damn would have liked an exam like that!


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  • Registered Users Posts: 51 ✭✭20082014


    EU

    In relation to workers and citizenship - am I right in saying that Students are only entitled to be treated as other individuals in that host MS, if they are a worker themselves or part of a worker family - Article 24 of the Directive?
    And does this apply for the first 3 months or for the entire period before permanent residency is granted?

    Any notes/tips on this area would be greatly appreciated as my notes seem to be all over the place for this issue.

    Thanks in advance!!


This discussion has been closed.
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