Diagnostic test

1. Which of the following statements is incorrect in relation to the Unfair Contract Terms Act 1977?

It ensures that certain exclusion clauses are removed or held invalid in consumer contracts

It regulates the use of all contractual terms in business to business contracts

It regulates the use of non-contractual notices attempting to restrict liability for negligence

It is primarily concerned with business liability in contract and tort

2. Section 22 of the Consumer Rights Act 2015 provides the (qualifying) claimant with the 'short-term right to reject'. Which of following identifies the period of time in which the right to reject must be exercised? (Assume all the necessary requirements have been followed).

100 days

60 days

7 working days

30 days

3. The defences to a negligence action do NOT include which of the following?

Consent

Personal relationship between the parties

Contributory negligence

Necessity

4. Which of the following will result in the employer NOT being held vicariously liable for a tort committed by an employer?

An act authorized by the employer but conducted in an unauthorized way

An act where the employee has deviated significantly from the task set by the employer

An act incidental to employment

A criminal act committed by the employee where there is a closeness of connection between the wrong committed by the employee and the nature of his/her employment (in determining whether it is just and reasonable to hold the employer liable)

5. In which of the following is an implied term in a contract of employment NOT found?

Statutes

The written statement of particulars

Customs

A works handbooks

6. A claimant must bring their claim for discrimination:

Within six years of the first instance of discrimination

Within six months of the first instance of discrimination

Within three months of the discriminatory act / within three months of the discrimination ending

At any time that is convenient for the claimant

7. The remedy of damages in wrongful dismissal is limited at what amount?

There is no limit imposed, it is assessed in relation to the value of the claim

The same level as for unfair dismissal

No more than £100,000

No more than £10,000

8. Which of the following is NOT an automatically unfair reason to dismiss?

Dismissals due to the pregnancy of the worker

Dismissals due to trade union membership

Dismissals due to misconduct of the employee

Dismissals in connection with a spent conviction

9. Which one of the following transactions between a director and the company does NOT require member approval?

Where the director's contract of employment is for a term of one year.

Awards of sums in excess of £200 on loss of office.

Loans to directors.

Substantial property transactions.

10. The prescribed amount of share capital required of a public limited company is…?

£50,000

Not less than £1

Not less than £1 per share

£25,000

11. Which of the following is NOT a necessary criteria for protection of the copyright holder?

The work is of a type that is protected under the CDPA 1988

The work does not have to be produced in a tangible form - e.g. thoughts qualify

The work satisfies the requirement of originality.

The owner/creator is a British citizen / the work was first published in the UK

12. The 'apple' logo of the Apple Corporation is an example of which of the following?

Copyright

Patent

Design right

A trade mark

13. Which of the following is NOT a form of delegated legislation?

Orders in Council

By-laws

Statutory Instruments

Public Bills

14. In terms of the hierarchy of the courts, which is the highest court in England?

The Court of Appeal

The House of Lords

The Supreme Court

The Crown Court

15. Where a contract does not stipulate an expiry date, it will remain open:

forever, until accepted by the offeree.

until expressly revoked by the offeror.

until a counter-offer is made.

for a reasonable time, after which it will automatically expire.

16. An intention to create legal relations will be presumed in which of the following situations?

Between friends and social acquaintances

Between husband and wife

Where parties in a commercial relationship have established the agreement between them is 'in honour only'

Between parties in a commercial relationship

17. Which of the following is NOT a type of misrepresentation?

Fraudulent misrepresentation

Innocent misrepresentation

Criminal misrepresentation

Negligent misrepresentation

18. When a contract has been agreed on the basis of a fraudulent misrepresentation, which of the following remedies is/are available?

Both damages and rescission

Damages only

An injunction only

Rescission only

19. Which of the following is NOT an example of a frustrating event?

The subject matter of the contract ceases to exist.

The contract has become significantly more expensive than anticipated and is now not profitable.

An event central to the contract has not occurred.

The contract becomes illegal to perform following the contract being established.

20. Which of the following is a common law remedy?

Injunctions

Specific performance

Damages

Rectification

21. Which of the following statements is incorrect in relation to partnerships?

Unless otherwise agreed, property will be considered partnership property where it had been purchased with partnership money

Partners are held jointly and severally liable for the partnership debts

Partners must act in good faith

Partners are not agents of the organization

22. In which ONE of the following cases did the courts 'lift the veil' of incorporation?

Salomon v Salomon & Co Ltd [1897]

Gilford Motor Co Ltd v Horne [1933]

Bentley v Craven [1853]

M Young Legal Associates Ltd v Zahid [2006])

23. Which of the following trading structures in NOT an example of a business organization?

An employee

A limited liability company

A limited liability partnership

A sole trader

Diagnostic test

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