CAPE Law Unit 2 · 2006 · Paper 2

22 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. 1(a)10 marksEverton moves to an adjacent hotel. Melissa leaves their doghouse open, allowing six vicious dogs to enter the hotel grounds and bite two guests. Advise the parties.
2. 1(b)10 marksEverton experiences financial hardship after Melissa closes joint accounts, and sells two valuable paintings at half price to Lili. Melissa offers to purchase them from Lili, who refuses. Advise the parties.
3. 1(c)10 marksMelissa visits a co-owned tenanted apartment complex, instructing workers to remove awnings, drain the swimming pool, and disconnect cable TV services. Advise the parties.
4. 225 marksUsing relevant case law, advise Ramesh, Soohan, and Mogul.
5. 3(a)12 marksExplain what is meant by 'remoteness of damage in negligence', using appropriate examples.
6. 3(b)13 marksExplain how the Wagon Mound principle defines the limits of liability for damage caused by negligence.
7. 4(a)5 marksState what Sandra and Roger must prove to succeed in a false imprisonment claim against the officers.
8. 4(b)5 marksState to what extent the police officers may defend themselves against the false imprisonment claim.
9. 4(c)15 marksApply the relevant legal principles to discuss the likely outcome of the false imprisonment action against the police officers.
10. 5(a)18 marksDiscuss the incorporation of exclusion clauses into contracts, referring to decided cases.
11. 5(b)7 marksDiscuss the factors used to determine whether a validly incorporated exclusion clause covers the breach that occurred, referencing case law.
12. 625 marksExplain the legal considerations regarding Ramnaresh's right to terminate the contract for breach without incurring liability to Mary.
13. 725 marksAdvise Sarah and Martha on their respective rights and obligations regarding the sale of the heels.
14. 8(a)(i)6 marksExplain the phrase 'a contractual licence' and give ONE example.
15. 8(a)(ii)6 marksExplain the phrase 'a licence by estoppel' and give ONE example.
16. 8(b)(i)6 marksIdentify and discuss the nature of the licence granted by Clive to Robert.
17. 8(b)(ii)7 marksIf Clive requests Alex and his family to vacate, determine whether Alex has any legal entitlement to remain, giving reasons.
18. 9(a)10 marksDistinguish between a 'joint tenancy' and a 'tenancy in common'.
19. 9(b)10 marksUsing illustrations, describe the methods by which a joint tenancy may be severed.
20. 9(c)5 marksJean (26) and Delroy (27) buy a home as joint tenants shortly after marriage. Both die simultaneously in a car crash. Delroy's mother claims ownership on grounds that she provided Delroy with the deposit from her…
21. 10(a)15 marksExplain the essential characteristics and requirements for an easement, using illustrations.
22. 10(b)10 marksOutline ANY TWO methods by which an easement can be acquired.