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

RedBlanket

Anyone have any predicitions on what might come up in company law? I am so pushed for time and have so much to learn!

Robbie25808

Sorry for all the questions just really struggling.

In relation to Tort and Professional Negligence.

If the question is about a solicitor, do you still take about all the medical cases.
Dunne v National Maternity Hospital-principles
Kearney v Mcquillen and north eastern health board-(did he do something that know other person of his skill would do)
O'Callaghan v Dowling-(can deviate from the GAP if it is defective/limitations)
Etc.
Then after this talk about the solicitor cases too.




This is the question that it relates to

Alan was a solicitor who specialised in conveyancing. He had a large and relatively successful
practice notwithstanding the slowdown in the market. Charlie was a client of Alan's who had
amassed a vast fortune during his younger days. He had three children.
One day about five years ago Charlie called in to see Alan to discuss putting in place various
arrangements to provide for his children and grandchildren. As well as making a will, he
asked Alan to draw up a document that would enable each of his children to demand a cash
payment of €100,000 from Charlie at any stage during Charlie's lifetime. This money was
then to be deducted from whatever that child would receive under the terms of the will. The
aim was to enable his children to access money in the event of a sudden and unforeseen
need before Charlie passed away.
Although it was an unusual request of which Alan had never encountered before, Alan drew up what
he believed to be the appropriate documentation and Charlie convened a meeting of the family,
which Alan attended, and at which Charlie outlined what each would be getting under the will and
the emergency €100,000 that would be available to them during his lifetime if they needed it.
21
About two years ago, Charlie was diagnosed with Alzheimer's and as his mental abilities
deteriorated; a firm of accountants was appointed to look after his affairs. In January of this year,
one of Charlie's children visited Alan's office and said that he wanted the €100,000 from Charlie
under the t e rm s o f the a r r a n g e m e n t . When Alan w e nt t o the fir m o f accountants, they
refused to release the money, stating that the documentation drafted by Alan was not enforceable
and it would breach their duty ifthey paid out the money.
Advise Alan as to what, if any, tort liability he might owe to Charlie's children.

Supermax1988

Robbie25808 wrote: »

Tort Law:

In relation to tort law, in Ireland am i right in saying we do not follow Alcock for psychiatric damages?
As a result, do you not need to have close relationship pursuant to Kelly v Hennessy ? Or are the Kelly principles just more relaxed than Alcock and they see other relationships as being close?
I think ALcock only really recognizes parental and marital but in the case Cuddy v Mays they highlighted that brothers was sufficient?

Yeah we follow Kelly v Hennessy which states you don't need to have a close relationship with someone if you witness the incident. However if you only come across the aftermath of the event like in Cuddy v Mays then you must have a close relationship.

SM1803

Can anyone clear this up for me.. the problem Qs that usually come up for direct effect and directives - they usually ask about what action can be brought against the state and the private body involved. I know technically under indirect effect and the Marleasing case it applies to private bodies but I'm not sure what effect that would actually have? Would you mention indirect effect or just say there is no horizontal direct effect for private bodies ? Hope this makes sense

louser1

Stressing out, haven't touched Tort in months, I've all my notes done is it possible to pass with 4 days cramming?

Username1994

louser1 wrote: »

Stressing out, haven't touched Tort in months, I've all my notes done is it possible to pass with 4 days cramming?

Yes! Keep your cool, you know more than you think you do

jazzypatty89

louser1 wrote: »

Stressing out, haven't touched Tort in months, I've all my notes done is it possible to pass with 4 days cramming?

I'm the same right now - not sure how much is sinking in!

Dr Ice

Mod. Pls do not discus examiners here

Anyway, would someone be kind enough to send me an up-to-date grid for Tort please.

Thanks.

FreeFallin94

Pamela0506 wrote: »

Hi, I was wondering if anybody could give me some guidance on the common question that appears on the EU paper as

"How have the principles or equivalence and practical possibility been developed by the union judicature to provide clear guidance for national courts on how they should deal with breaches of EU law".

I'm struggle with how to go about answering that question it is arises - any pointers would be great!

I'd also love an answer to this is anyone has any idea - the manual I'm using only has a paragraph on the principle of equivalence and it doesn't mention practical possibility either!

LegalFianna

Does anyone have a “5 reforms” example essay for company? I have a tonne of stuff that I can offer in return on the other 7 Fe1’s ðŸ˜

LegalFianna

For the case note question in EU. Has anyone been given a suggested few cases that are bankers? Appreciate any help...thank youuuu. And of course anything I can help back with let me know.

lawgirl23

LegalFianna wrote: »

For the case note question in EU. Has anyone been given a suggested few cases that are bankers? Appreciate any help...thank youuuu. And of course anything I can help back with let me know.

I have a list of bankers. You could answer at least 3 on every paper back 7 or 8 years with it if I remember rightly. Hitting the sack now but will PM in the morning!

LegalFianna

lawgirl23 wrote: »

I have a list of bankers. You could answer at least 3 on every paper back 7 or 8 years with it if I remember rightly. Hitting the sack now but will PM in the morning!

That’s great, thanks so much!

ArthurDayne

Anyone fancy helping a brutha out and letting me know what topics you're covering for Company?

I actually work in a Company law-related job so it would be terribly embarrassing not to pass this one .....




....but not terribly unlikely...

Pamela0506

LegalFianna wrote: »

That’s great, thanks so much!

Would you it be possible to forward those to me if you don't mind? 😊

SM1803

would you mind sending it to me too

lawgirl23

LegalFianna wrote: »

That’s great, thanks so much!

Guys, apologies. Went to look for the EU notes this morning and I think I must have given them away to somebody

So sorry about that but best of luck for the exams!

Marie92

lawgirl23 wrote: »

I have a list of bankers. You could answer at least 3 on every paper back 7 or 8 years with it if I remember rightly. Hitting the sack now but will PM in the morning!

Hi, would you mind sending it on to me? I can give you sample answers, exam grids and past papers and reports for EU, Criminal, Property and Company if they're any help to you.

Tippgal93

Hi all - does anybody have an up to date exam grid for criminal and equity. I would be super grateful! I have up to date ones for Tort and Contract in exchange!

Thanks a mill.

FOHSMH254

Hi, does anyone know what came up on the EU paper in October 2016?

The new examiner seems to avoid freedom of establishment, services and capital (pretty thin on Competition too) so I'm wondering if I should bother squeezing them in at this stage.

ak4321

Constitutional- Does anyone have tips on what to cover for the case note Q?

SM1803

FOHSMH254 wrote: »

Hi, does anyone know what came up on the EU paper in October 2016?

The new examiner seems to avoid freedom of establishment, services and capital (pretty thin on Competition too) so I'm wondering if I should bother squeezing them in at this stage.

March 16 he didnt bring up services or establishment either he brought up free movement of goods.. i'm not sure whether to cover services either.. he seems to stick to the same topics in his papers

Robbie25808

How do you know the difference between a recreational user and a visitor?

Henderson is the owner of Geddon, 100 acres of land which legend says contains the remains
of a pre-historic settlement buried deep underground. As the hype concerning the alleged
Mayan end of the world in 2012 prophecy begins to take hold, many have come to believe that
Geddon is the one place which will provide safety on the fateful days to come and that if there
is any hope of survival, it is to be on the sacred ground of Geddon.
As a result many people have begun to gather close to Geddon in trailers, tents and caravans
and they are causing an obstruction on the surrounding roads. To ease this, Henderson has
begun to allow people enter Geddon but has erected notices that they do so at their own risk.
The numbers of visitors has risen dramatically and Henderson notices that they have re-opened
a dormant well to provide drinking water for themselves. Henderson is aware that the well
was closed as it was near collapse, but is of the view that it is of no concern to him as they are
staying on his land for free. In addition, he then posted notices around the well, stating that
people drank the water at their own risk and that there was no guarantee that it was free from
contamination.
Henderson has now also begun going to Geddon daily, seeking a voluntary, ex gratia payment
from those present in recognition of his generosity. If people refuse, he simply moves on.
One day, a large group are gathered around the well. Some are there to get water, while
others are engaged in a ceremony in preparation for December 21, 2012. Suddenly the well
collapses and a number of people are injured.
Advise Henderson as to any potential liability in tort that he may owe those injured in these
events

For this question i presume it is a visitor and did not take reasonable care. While he put up signs he should have maybe fenced it off?

RyanMcG123

Probably a really random question but is it absolutely necessary to underline case names in the exam? I know some people say you should but I hate doing it and was wondering could I get away with not doing it?

ArthurDayne

RyanMcG123 wrote: »

Probably a really random question but is it absolutely necessary to underline case names in the exam? I know some people say you should but I hate doing it and was wondering could I get away with not doing it?

You don't have to, I certainly didn't for Tort and passed.

It won't get you any marks but, they way I see it anyway, if it's make your paper that little bit easier to mark then it might just work to your favour in a 'benefit of the doubt' scenario where you're sitting between 49 & 50.

XxMCRxBabyxX

RyanMcG123 wrote: »

Probably a really random question but is it absolutely necessary to underline case names in the exam? I know some people say you should but I hate doing it and was wondering could I get away with not doing it?

You would get away with it fine. The underlining is just to differentiate and highlight them to the examiner so they're harder to miss and will be spotted on the first skim read before they go in to reading the answers properly.

SM1803

for eu is it ok to just learn one name for the cases?

Robbie25808

Does anybody have a sample answer for the question on 5 reforms from the Companies Act? I have sample answers for EU and Constitutional i can give you and notes for everything except tort and company.
Can also give exam grids.

Tony_TwoLegs

Robbie25808 wrote: »

Does anybody have a sample answer for the question on 5 reforms from the Companies Act? I have sample answers for EU and Constitutional i can give you and notes for everything except tort and company.
Can also give exam grids.

I'll check the laptop later. But, it's quite an easy area in company law. So worst case you could build one .....

Tony_TwoLegs

Robbie25808 wrote: »

Does anybody have a sample answer for the question on 5 reforms from the Companies Act? I have sample answers for EU and Constitutional i can give you and notes for everything except tort and company.
Can also give exam grids.

Yeah I have it. Used it passing Company myself.
PM your email address.
I'll sent it plus few other answers for perspective. Could do with few Constitutional sample answers.