CAPE Law Unit 2 · 2006 · Paper 1

18 questions and parts from this paper. Open one to see it in full, then practise it on Quelpr and get it marked against the mark scheme.

1. 110 marksUsing appropriate illustrations, explain TWO of the following: (a) True or legal innuendo; (b) False or popular innuendo; (c) Libel is actionable per se.
2. 2(a)3 marksExplain the common law duty of care owed by an occupier to invitees OR licensees.
3. 2(b)3 marksExplain the duty of care, if any, owed by an occupier to trespassers.
4. 2(c)1 markState the situation in which an occupier must make 'reasonable endeavours regarding a trespasser'.
5. 2(d)3 marksState the THREE reasonable endeavours an occupier must make regarding trespassers likely to enter the property.
6. 3(a)5 marksExplain, with reference to decided cases, when a public nuisance is actionable as a tort by an individual plaintiff.
7. 3(b)5 marksExplain the meaning of the phrase 'a frolic of his own' with reference to decided cases.
8. 410 marksUsing relevant examples, explain the distinction between a term of a contract and a mere representation.
9. 510 marksDiscuss whether an individual can accept an offer about which they have no knowledge, supporting your answer with reasons and decided cases.
10. 610 marksUsing appropriate illustrations, explain the relationship between anticipatory breach of contract and the duty to mitigate damages.
11. 710 marksExplain any TWO of the following types of leasehold interests: (a) Periodic tenancy; (b) Tenancy at will; (c) Tenancy at sufferance.
12. 8(a)6 marksExplain what is meant by the 'equity of redemption'.
13. 8(b)4 marksList FOUR ways in which the equity of redemption may be extinguished or destroyed.
14. 9(a)(i)2 marksIdentify the positive and negative covenants in the scenario.
15. 9(a)(ii)1 markIdentify who holds the benefit and who bears the burden of the covenant.
16. 9(a)(iii)1 markIdentify the covenantor and the covenantee.
17. 9(b)3 marksExplain the common law rules governing the running of the benefit of a covenant to a successor in title of the covenantee.
18. 9(c)3 marksExplain the rules governing the running of the burden of a covenant at common law and in equity.