CAPE Law Unit 2 · 2008 · Paper 2

17 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)(i)2 marksIdentify which parties would be held liable for the damage caused to the neighbour's premises.
2. 1(a)(ii)8 marksUsing relevant case law, explain the legal basis for the liability of each party identified in (a)(i).
3. 1(b)10 marksWith reference to decided cases, explain to the management the extent to which they can rely on the 'No refund' exclusion clause.
4. 1(c)(i)6 marksWith reference to decided cases, identify and explain the legal basis of Ruth's claim to entitlement to the property as a joint tenant with Noah.
5. 1(c)(ii)4 marksComment on the likelihood of Ruth succeeding in her claim, referring to decided cases.
6. 225 marksWith reference to decided cases, explain how courts determine tortious liability for negligence by addressing the elements of duty of care, breach of duty, and resulting damage.
7. 3(a)15 marksWith reference to a named Commonwealth Caribbean jurisdiction, explain an occupier's duty of care towards visitors and trespassers.
8. 3(b)10 marksAdvise Mr Castle regarding his potential liability to Prince, citing the relevant law of a named Commonwealth Caribbean country and providing reasons.
9. 4(a)12 marksExplain the tort of private nuisance, using decided cases to illustrate your response.
10. 4(b)13 marksAdvise Lisa and her father whether a tort is established and identify the legal remedies available to them.
11. 525 marksDiscuss the statement that judicial rules place heavy burdens on parties claiming mistake, focusing on mistakes that render a contract null and void.
12. 625 marksWith reference to decided cases, advise Derrick whether he can succeed in an action against Sam to recover payment for the work done, stating reasons.
13. 7(a)15 marksExplain the doctrine that neither party can enforce a contract tainted by illegality, referencing relevant case law.
14. 7(b)10 marksWith reference to decided cases, advise the publisher on whether an action against the brothel owner can be successfully brought.
15. 825 marksDiscuss five methods by which a tenancy may be terminated, citing relevant decided cases.
16. 925 marksAdvise the bank on the legal remedies available against Mrs Swankie, supporting your advice with statutory provisions or case law.
17. 1025 marksDescribe the methods by which an easement can be acquired, supporting your answer with legal authorities.