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

Officegirl101

nmwcc wrote: »

Question on causation for Tort, only went into causation, whether there was a novus actus intervenes and but-for test extra. It was 2 and half pages with 4 cases max has anyone ever passed with a such a horrendous 5th question? Losing the will here

I have passed all the other seven exams with generally three good questions and two dodgey. This was my third attempt at tort..previous attempts at it make me think you have to answer all five and decent answers for all at that...im praying I did enough this time but I wouldnt be surprised at all to see 46

Officegirl101

Officegirl101 wrote: »

I have passed all the other seven exams with generally three good questions and two dodgey. This was my third attempt at tort..previous attempts at it make me think you have to answer all five and decent answers for all at that...im praying I did enough this time but I wouldnt be surprised at all to see 46

Two.and a half pages with four cases is more than fine

Lumi77

Hi guys
Tort was awful
If anyone did question 3 and 7
Was it vicarious liability and remoteness causation please

Lindyloo 1

So tired after tort! Any nuggets of wisdom/focus areas for company tomorrow would be welcome.

ArthurDayne

For those doing Company tomorrow --- I'm making it nowhere near the Red Cow today. I recall for Property in March some people left in their legislation the morning of the exam and had it back for 9.30am. Anyone have prior experience of that?

Bayb12

Yeah I got my EU legislation by 10 o clock the very latest when I left it in that morning

shellbm

Anyone who has passed tort? Rough indication of whether he is a tough marker or not? Hate doing post mortems but would love to know where I stand.

Officegirl101

shellbm wrote: »

Anyone who has passed tort? Rough indication of whether he is a tough marker or not? Hate doing post mortems but would love to know where I stand.

Hey, what questions did you do?

shellbm

Officegirl101 wrote: »

Hey, what questions did you do?

Causation and Remoteness.
Vicarious Liability
Trespass to Person
Pure Economic Loss
Psychiatric Damage


Did well in the last four, misinterpreted the first one and didn't answer on remoteness. The others I got about 7-8 cases down and roughly 4 pages each but I would need 12 marks in each to pass seeing as first one won't count.

ak4321

Tort

How much weight should have been given to discussing negligent mistatement for economic loss essay? I just stated the law as it stands and what neg mistatement is but didn't go further. Wondering if this was foolish in hindsight not to go half and half?

Officegirl101

shellbm wrote: »

Causation and Remoteness.
Vicarious Liability
Trespass to Person
Pure Economic Loss
Psychiatric Damage


Did well in the last four, misinterpreted the first one and didn't answer on remoteness. The others I got about 7-8 cases down and roughly 4 pages each but I would need 12 marks in each to pass seeing as first one won't count.

I did the same questions as you except for the first one. I did rylands and it was an absolute mess. Four very good questions by the sounds of it, you have a very decent chance of passing...try not to fret over it, these exams are so unpredicable

yournerd

Is it 20 marks per q?

Robbie25808

ak4321 wrote: »

Tort

How much weight should have been given to discussing negligent mistatement for economic loss essay? I just stated the law as it stands and what neg mistatement is but didn't go further. Wondering if this was foolish in hindsight not to go half and half?

Well i just did about pure economic loss didn't think the question was about negligent misstatement at all?
If it is i failed.

Robbie25808

nmwcc wrote: »

Question on causation for Tort, only went into causation, whether there was a novus actus intervenes and but-for test extra. It was 2 and half pages with 4 cases max has anyone ever passed with a such a horrendous 5th question? Losing the will here

Yeah i talked about causation. Did not even do novus completely forgot.

I started talking about that he had a duty of care towards them and he breached the duty as it was reasonably forseeable that by having that sign up it would result in damage?

Could be all wrong there and have a feeling i was.

FreeFallin94

Anyone able to help me with the following EU question on workers / citizenship? I've learned both topics but I'm finding it really tricky to actually apply it to the problem questions. Any pointers or tips would be really appreciated. Thanks.

Calm is a 20 year old student who completed his leaving certificate school exams in Ireland in
June 2014. He has always wanted to study homeopathy and alternative medicine at university
but he has not done well enough in his leaving certificate to gain a place on any of the
alternative medicine courses offered in Ireland. He did not want to repeat his leaving certificate
in 2015 as he felt that he was already quite old for school, having taken a transition year option
and having repeated his fifth year due to several long periods of absence when he was suffering
from a virus that left him with very little energy. He later applied to, and was accepted for,
homeopathy and alternative medicine at the New University of Amsterdam in the Netherlands.
The course starts in October 2015.

Calm moved to Amsterdam in February 2015 as he wanted to learn some Dutch and earn some
money before starting his course. He worked for an average of fifteen hours per week in a
supermarket, as well as one evening per week of voluntary work at a local animal hospital. He
earned around €160 per week, which covered his rent of a small bedsit and some other
.expenses, but he did not save any money during this period and his income was supplemented
by a gift of €75 which was sent from his mother every month.

Given his low income, Calm will not be able to pay his fees or to support himself during his
studies so he has applied to the Netherlands Student Support Scheme, which offers low-cost
loans to students. His application was refused, however, as he is 11ot a Dutch national. Cairn's
virus recurred during July 2015 and he had to spend a week in a hospital in Amsterdam. He
has just been sent a bill for €5,700 by the hospital as public medical care is only free in the
Netherlands for non-nationals when they are-in full-time employment.

Calm has returned to Ireland in order to avoid paying his medical bills. He is, however, very keen
to get back to Amsterdam so that he can start his new course.

Advise Calm as to whether he can (i) appeal the decision of the Netherlands Student Support
Scheme on the basis that it amounts to discrimination against a non-national who is a citizen of
another EU Member State; and (ii) challenge the bill that he has been sent by the hospital.

yournerd

The more mentioned the more I’m ensured I’ve failed my first exam...

nmwcc

ak4321 wrote: »

Tort

How much weight should have been given to discussing negligent mistatement for economic loss essay? I just stated the law as it stands and what neg mistatement is but didn't go further. Wondering if this was foolish in hindsight not to go half and half?

I just interpreted negligent misstatement as being as exception to the general rule against pure economic loss. So just discussed pure economic loss cases and then discussed how the courts and ireland and england allow for economic loss in circumstances where there has been financial detriment on negligent advice etc and elaborated on the reasoning for allowing such actions. Could have been way off

ak4321

Robbie25808 wrote: »

Well i just did about pure economic loss didn't think the question was about negligent misstatement at all?
If it is i failed.

It was about pure economic loss but Ireland has adopted exclusionary position to it unless it's in form of neg mistatement or falls within category of Siney. I spoke about this without going into negligent mistatement in detail so I'm in same boat as you. Maybe it was at your discretion which aspect to discuss though we'd be fine if so!

vid36

yournerd wrote: »

The more mentioned the more I’m ensured I’ve failed my first exam...

Don't think about it. Just move on and get ready for the next one.These are horrible exams but you got to keep fighting.

annmc882

people, i know it's hard but ye need to stop dissecting. having a litter of cases doesn't mean its a good answer. it's about making the point that is expected and backing it up and applying law if it's and prob question. the answer is taken over all and if it hits the points and u make a decent shot at the approach u took then stop worrying. in tort you've to do 5 questions to pass, obviously some are going to be better than others on the day but 5 average and from reading the reports that's solid. on the 5th if u made a good shot at it then fingers crossed tort is passed.
no 2 answers will be the same so comparing and contrasting will just drive one up the walls.

The Talking Bread

Reform
Corporate Personality

Directors Duties
Restriction
Share Transfer/Reg
Shareholder Protection (F v H) and S. 212
Corporate Borrowings
Retention of Title
Disposition of Assets
As much of Winding Up as I can do. (I completely forgot to revise again over the last 2 weeks on this! And I had put a bit of effort into it over the last 2 months, so p*ssed off I haven't it stuck to me now)

Hopefully that will cover me



Oh, to have just one more day .................

bluntspoon

FreeFallin94 wrote: »

Anyone able to help me with the following EU question on workers / citizenship? I've learned both topics but I'm finding it really tricky to actually apply it to the problem questions. Any pointers or tips would be really appreciated. Thanks.

The key question to consider here is, is he exercising his rights as a citizen (A18-20) or a worker (A45)? He worked part-time and didn't earn enough to support himself - is this enough to be considered a worker? Was it genuine and effective work? See Laurie-Blaum and Levin.

See Directive 2004/38. If he is a worker, he can't be treated differently to workers who are nationals. Is he being treated differently? Would the medical care have been free if he was a national?

If he is not a worker and is exercising his rights as a citizen only then he might be entitled to the same social supports as nationals if you follow the Martinez Sala line of argument, but he's probably not in light of Dano and arguably healthcare didn't fall under Sala anyway.

The student support scheme only applies to nationals. Is this discrimination? See Grzelczyc, Bidar, Forster. See Directive 2004/38 - it is permitted to restrict student supports (including loans) to people who have a permanent right of residency.

FOHSMH254

The Talking Bread wrote: »

Reform
Corporate Personality

Directors Duties
Restriction
Share Transfer/Reg
Shareholder Protection (F v H) and S. 212
Corporate Borrowings
Retention of Title
Disposition of Assets
As much of Winding Up as I can do. (I completely forgot to revise again over the last 2 weeks on this! And I had put a bit of effort into it over the last 2 months, so p*ssed off I haven't it stuck to me now)

Hopefully that will cover me



Oh, to have just one more day .................

I'd say you'll definitely be covered even without Winding Up. At least I hope so because that's all I've done

The Talking Bread

FOHSMH254 wrote: »

I'd say you'll definitely be covered even without Winding Up. At least I hope so because that's all I've done

"Covered" as in topics is one thing.....................covered as in material is another

saraocallaghan

For constitutional I'm covering:

Unenumerated rights:
Property
Religion
Family/Children
Freedom of expression
Education
Constitutional interpretation
Separation of powers
Equality
Property rights
Delegates legislation
ECtHR

Am I covering enough?

TurnoverKing

How did people answer the damages question today?

Robbie25808

Benny and Elaine are director and 50:50 shareholders of Imperial Pets Limited (the “Company”)
which operates a pet shop. The shop has been in operation for three years and in that time
Benny has confined his involvement to keeping the Company’s books and accounts, dealing
with the shop lease, and other matters relating to the administration of the Company. Elaine,
on the other hand, has been involved in operating the shop and selling small animals such as
hamsters, guinea-pigs, mice and rabbits. Elaine has also been responsible for sourcing and
buying the animals and has established connections with local breeders. There was a clear
understanding that Benny and Elaine would stick to these responsibilities.
The Company’s articles of association permit the appointment of a managing director, but
Benny and Elaine never formally passed a board resolution appointing either of them as
managing director of the Company.
In January, Elaine caught a severe flu which developed into pneumonia and incapacitated her
for 4 weeks. In that time, Benny had to run the shop, and although he never before acquired
animals, started buying them. From a trade magazine called “Rabbit Universal News” he read
of a special offer that a breeder of Netherland Dwarf Rabbits had – 3,000 at only €10 each;
this was a particularly good price as Benny knew Elaine could sell them for €35 each. Benny
contacted the seller, and telling the seller that he was the Managing Director of the Company,
entered into a contract to buy the rabbits for €30,000.
On Elaine’s return to work she was horrified at the contract Benny had concluded. Based on
sales over the previous three years of 10 rabbits a week, it would take nearly 6 years to sell
3,000 rabbits!
When the rabbit dealer refused to cancel the contract, Elaine contacts you for advice as to
whether the contract is enforceable against the Company and, specifically, whether Benny had
the authority to bind the company to the contract to buy the 3,000 rabbits.
You are required to advise Elaine on her query and in your answer you are required to cite all
relevant case and statute law.


For this question, was there representation as they had distinct roles in their job and he was doing a role which was not his?

Sarakarp

TurnoverKing wrote: »

How did people answer the damages question today?

Used only punitive or exemplary damages really and case law. Discussed how the courts go about applying these. Oh and sorry aggravated damages as well but in small detail

MeganC1554

Anybody here staying in the Green Isle? Is it best to drive over to the Red Cow?

Cheers

MeganC1554

Anybody here staying in the Green Isle? Is it best to drive over to the Red Cow?

Cheers