CAPE Law Unit 2 · 2010 · Paper 2

11 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. 125 marksAssess the statement that while only a person with an interest in land can succeed in a claim for private nuisance, the same is not true in a claim for public nuisance, making reference to decided cases.
2. 2(a)10 marksWrite brief notes on 'malicious prosecution', referring to at least one decided case.
3. 2(b)15 marksAdvise Kevin whether or not he can succeed in a claim against Donman and the policeman, giving reasons for your answer.
4. 3(a)10 marksOutline four ways in which an offer may be terminated, with reference to decided cases.
5. 3(b)15 marksAdvise whether Evan is entitled to the reward, supporting your answer with reference to case law.
6. 4(a)12 marksDiscuss the incorporation of exclusion clauses into contracts.
7. 4(b)13 marksEvaluate the factors considered by the courts in determining whether or not an exclusion clause covers the breach which has occurred.
8. 5(a)15 marksExplain the four unities of a joint-tenancy.
9. 5(b)10 marksExplain the differences between 'joint-tenancy' and 'tenancy-in-common' to your clients, and state which option you recommend, providing reasons for your advice.
10. 6(a)18 marksExplain the requirements for an easement, with reference to at least four cases.
11. 6(b)7 marksOutline any two methods of acquiring an easement, citing at least one case.