CAPE Law Unit 2 · 2009 · 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)5 marksDiscuss the defence of justification.
2. 1(a)(ii)5 marksDiscuss the defence of absolute privilege.
3. 1(b)(i)5 marksWith reference to decided cases, advise Ken whether he can enforce Les's promise to pay him $500 if he does not smoke, drink or gamble for the next three years.
4. 1(b)(ii)5 marksWith reference to decided cases, advise Les whether he is bound by his agreement to sell Ken the car for $20.
5. 1(c)(i)2 marksName TWO types of 'waste'.
6. 1(c)(ii)8 marksExplain to Krishna his obligations as a life tenant to protect the property against waste.
7. 225 marksReferring to case law and/or relevant statutory provisions, advise Farmer Jones as to his tortious liability, if any.
8. 325 marksWith reference to decided cases, advise Rapster on the likely success of his claim against Mrs Parson for introducing Save Today to him.
9. 4(a)10 marksExplain what is meant by 'remoteness of damage in negligence' with reference to ONE decided case.
10. 4(b)15 marksAdvise Kenisha on the likelihood of her success in a claim against Dr Derma, supporting your answer with reference to decided cases.
11. 5(a)(i)4 marksDistinguish between 'an express term' and 'a mere representation'.
12. 5(a)(ii)6 marksName TWO express terms and give examples of their operation with reference to case law.
13. 5(b)15 marksExplain, with reference to at least TWO decided cases, the factors which are relevant in a determination of whether an assessment made during negotiation becomes a term of the contract.
14. 6(a)10 marksWith reference to decided cases, examine at least THREE of the elements required for establishing a case for relief on the basis of misrepresentation.
15. 6(b)15 marksDescribe the various types of misrepresentations at common law and with reference to case law, name the remedies available for EACH type.
16. 7(a)5 marksDefine the term 'frustration of contract'.
17. 7(b)10 marksWith reference to decided cases, describe THREE ways in which a contract may be frustrated.
18. 7(c)10 marksAdvise Tim and Vic whether their contract with Wanda is frustrated, referring to at least TWO decided cases.
19. 8(a)10 marksDistinguish between a 'joint tenancy' and a 'tenancy-in-common'.
20. 8(b)15 marksUsing case law to support your answer, explain to Martha and Evelyn whether they are entitled to a share in the property.
21. 9(a)12 marksExplain the term 'licence by estoppel', supporting your answer with reference to decided cases.
22. 9(b)13 marksAdvise Navin whether or not he can succeed in his claim for an interest in the plot of land which he occupies.
23. 1025 marksWith reference to at least THREE decided cases, explain how the courts protect the interest of the mortgagor based on the maxim 'Once a mortgage always a mortgage'.