CAPE Law Unit 2 · 2008 (second paper) · Paper 2

23 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 marksExplain to Selvon and Naipaul whether they qualify to bring an action against Harris in private nuisance.
2. 1(a)(ii)4 marksState TWO categories of private nuisance.
3. 1(a)(iii)4 marksBriefly outline ONE decided case of private nuisance on which Selvon and Naipaul may rely.
4. 1(b)(i)6 marksWith reference to decided cases, advise Eddie whether he can succeed in a claim against Mervyn.
5. 1(b)(ii)4 marksWith reference to decided cases, explain to Mervyn his contractual liability, if any.
6. 1(c)(i)6 marksExplain to Neville the nature of a tenancy-in-common.
7. 1(c)(ii)4 marksOutline briefly what relief will be available from the Court, so that Elsa can assert her right.
8. 225 marksAdvise Wayward and OBAY Company of their liability, if any, towards Fredo. Support your answer with references to decided cases.
9. 325 marksDiscuss the statement that strict liability in tort, such as liability for dogs, is designed both to punish offenders and compensate victims, with reference to decided cases and statute where applicable.
10. 4(a)13 marksAdvise Mr Goodieman as to whether a tort has been committed, outlining the essential features of this tort.
11. 4(b)12 marksExplain TWO defences available to the newspaper if Mr Goodieman sues for libel.
12. 525 marksExplain the statement that the rules developed by the Courts impose fairly heavy burdens on those arguing that a mistake has been made, illustrating your answer with references to mistakes which have been held to render…
13. 6(a)(i)5 marksDefine the term 'promissory estoppel'.
14. 6(a)(ii)5 marksExplain the legal application of promissory estoppel.
15. 6(b)15 marksCiting case law in support of your answer, advise Marco whether or not his claim is likely to succeed.
16. 7(a)8 marksExplain, with reference to decided cases, the effects of warranties on the contract between Pet Ex and Rajiv.
17. 7(b)8 marksExplain, with reference to decided cases, the effects of collateral terms on the contract between Pet Ex and Rajiv.
18. 7(c)9 marksExplain, with reference to decided cases, the effects of negligent misrepresentation on the contract between Pet Ex and Rajiv.
19. 8(a)15 marksDescribe the features of a lease. Refer to decided cases to illustrate your answer.
20. 8(b)10 marksDistinguish between a lease and a licence.
21. 925 marksExplain the criteria that determine whether a structure is a chattel or a fixture. Refer to decided cases to support your answer.
22. 10(a)12 marksOutline TWO situations where the court of equity will enforce a benefit under a restrictive covenant.
23. 10(b)13 marksExplain to Rambo whether he can appeal successfully against the stop order. Refer to decided cases to support your answer.