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Question-1
When determining whether a breach of duty has taken place, the courts will take into account a number of factors. Which ONE of the following is NOT a relevant factor?
(A)
The usefulness of the defendant's conduct.
(B)
The seriousness of the injury.
(C)
The ease with which the damage sustained can be financially assessed.
(D)
The likelihood of injury.
Question-2
In relation to EU competition law, which ONE of the following statements is NOT true?
(A)
Art 81 is breached only where a conduct is engaged in that actually prevents, restricts or distorts competition.
(B)
In order for Art 81 to be breached, two or more persons must agree to prevent, restrict or distort competition.
(C)
Being in a dominant position per se is not a breach of Art 82.
(D)
Cases involving Art 82 arise less frequently than cases involving Art 81.
Question-3
John is a partner in JME & Sons, a firm consisting of 25 partners. Whilst engaged in the firm's business, he commits an act of negligence, and is sued. Who is liable for John's act of negligence?
(A)
Only those partners who knew of John's negligence.
(B)
Only the firm itself - John is not liable.
(C)
John only.
(D)
The firm and each partner is vicariously liable.
Question-4
With regard to the defence of statutory authority, which ONE of the following statements is NOT true?
(A)
The granting of planning permission amounts to statutory authority.
(B)
The courts will seek to determine whether the authority is total, or whether it only operates in the absence of negligence.
(C)
The existence of a statutory authority does not provide an automatic blanket immunity to the defendant.
(D)
When determining if statutory authority is available, the courts will take into account whether or not the tort could have been avoided.
Question-5
The phrase 'civil law' can refer to those legal systems whose laws are based on Roman law. It can also refer to...?
(A)
Laws created by judges.
(B)
The body of laws that does not relate to criminal offences.
(C)
The supplementary system of law that is based on fairness and equality, and seeks to mitigate the harshness of the common law.
(D)
The body of laws that establish what conduct is criminal and the punishments for engaging in such conduct.
Question-6
There exists a special form of partnership called a limited partnership. Which ONE of the following statements concerning limited partnerships is NOT true?
(A)
Limited partners do not have power to bind the firm.
(B)
A limited partnership must have at least one general partner.
(C)
Limited partnerships are formed by registering documents with the Registrar of Companies.
(D)
Limited partners have limited liability while taking part in the management of the firm.
Question-7
The phrase 'English legal system' refers to...?
(A)
The legal system of England and Wales.
(B)
The legal system of England only.
(C)
The legal system of England, Wales and Scotland.
(D)
The legal system of the United Kingdom.
Question-8
What is a unilateral contract?
(A)
A contract in which both parties are legally bound to perform their side of the agreement.
(B)
A unilateral contract is a contract whereby only one party promises to perform an act if the other party performs a stipulated act, but the other party is not under an obligation to perform the stipulated act.
(C)
A contract involving only one party.
(D)
A contract that either party can withdraw from at any time.
Question-9
The term 'wrongful interference with goods' is a collective term for which two torts?
(A)
Trespass to goods and unlawful interference with trade.
(B)
Conversion and passing off.
(C)
Unlawful interference with trade and passing off.
(D)
Trespass to goods and conversion.
Question-10
Which ONE of the following is NOT a general duty?
(A)
To act to promote the success of the company for the benefit of its members.
(B)
To obtain shareholder approval for substantial property transactions.
(C)
To avoid conflicts of interest.
(D)
To act in accordance with the company's constitution.
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