Past Exam Paper 2009-2010

Main paper 2010 (Answer all questions on paper)
Section A
(1) Outline the facts of Carlill v Carbolic Smoke Ball, what area does it relate to and what principles does it outline?
(2) Partridge v Crittenden outlines which contractual principle?
(3) What is an invitation to treat? Use cases to back up your answer.
(4) What is the postal rule? Use cases to back up your answer.
(5) What does ADR stand for? Give examples of the general advantages of ADR.
(6) What are main types and related advantages of business formations?
(7) Explain the rules of legislative interpretation, starting with the golden rule.
(8) What is delegated legislation?
(9) What is a patent?
(10) What are the main differences between civil and criminal law?
(11) What relationship does the European Union play in the UK legal system?
(12) What is in your view the main case in the law relating to negligence?
60 marks

Section B
Question 1
On Friday, Guitar Heroes, a shop selling guitars, placed an advertisement which read ‘Special Offer: Edge Electric Guitar £10 (original price £1,000) sold to the first 5 customers who send in their cheques.’ But on Tuesday, Guitar Heroes published an advertisement in the same newspaper saying that the special offer has been cancelled.
Paul posted a letter responding to the advertisement and enclosing a cheque on Monday. He was one of the first five customers who sent in the cheque. Guitar Heroes received the letter with the cheque on Wednesday and refused to sell the guitar at the advertised price.
Advise Paul as to his rights, if any, against Guitar Heroes Ltd.
20 marks

Question 2
Explain the main elements of negligence. Use case law for each of your main assertions.
20 marks

Resit paper 2010 (Answer all questions on paper)
Section A
(1) Mediation is the best form of Alternative Dispute Resolution (ADR). Discuss.
(2) What is intellectual property? Briefly explain one of its elements.
(3) What are the main features of case and statutory law?
(4) Explain the general rule that “past consideration is no consideration”.
(5) Define with the use of cases the concept of offer in contract law.
(6) Draw a diagram of the civil court structure.
(7) Answer two questions from the following three questions
(i) What are the differences between public and private law?
(ii) What are the differences between statute and case law?
(iii) Briefly explain equity.
(8) What are the advantage and disadvantages of tribunals?
(9) What are main types of business formation?
(10) Explain contributory negligence.
(11) What is delegated legislation?
(12) What features should a legal system exhibit?
60 marks

Section B
Question 1
Jill a law student discovers that her neighbour, Mary is about to place an advertisement in the local newspaper. Mary wishes to sell her old washing machine for £100. Jill has always wanted a “Superscrub de luxe” and asks Mary the minimum price that she would be prepared to accept for the machine. Mary replies, “I’m not selling it for less than £80.” Next day, before the newspaper is published; Jill posts a letter to Mary, along with a cheque for £80.
Before Mary receives the letter, she is visited by Sally, who has seen the advertisement in the evening paper. Sally, places £100 on the nearby table, and insists on taking the washing machine with her. Mary’s husband (Alan) returns at that moment, and informs Mary that the “true second hand value of the machine is actually £300.” Discuss.
20 marks

Question 2
Sarah works as an employee at Crazy Hair – a hairdressing salon owned by Jason. Peter comes into the salon to have his hair cut and styled by Sarah. As Sarah begins to dye Peter’s hair she accidentally puts too much peroxide in the solution and as it is applied to Peter’s hair his scalp is burned which causes him pain and discomfort. Peter later has a severe reaction to the solution used by Sarah and is hospitalised which results in Peter missing several days of work as a consequence of the expensive medical treatment he requires.
Advise Peter of his rights. Advise Sarah and Jason of their liability and any action Jason may take against Sarah.
20 marks