CAPE Law Unit 2 · 2016 · 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)15 marksWith reference to THREE decided cases, explain the elements of defamation that must be established for an action to succeed.
2. 1(b)5 marksReferring to ONE decided case, outline briefly ONE defence available to the newspaper.
3. 1(c)5 marksState what defence the minister is likely to raise, citing ONE decided case to support the answer.
4. 2(a)(i)2 marksDefine false imprisonment.
5. 2(a)(ii)2 marksDefine malicious prosecution.
6. 2(b)21 marksWith reference to THREE decided cases, explain whether the claimant can succeed in an action against the inspector for false imprisonment and malicious prosecution.
7. 3(a)14 marksWith reference to THREE decided cases, explain the law relating to discharge of a contract by performance.
8. 3(b)11 marksAdvise the contractor as to whether he has any claim against the owner, using ONE decided case to illustrate the answer.
9. 4(a)12 marksWith reference to THREE decided cases, explain the requirements of promissory estoppel.
10. 4(b)13 marksAdvise the tenant whether she is liable to pay 4 500 or 2 500.
11. 5(a)6 marksAdvise on THREE rights and/or obligations of the life tenant.
12. 5(b)(i)2 marksAdvise on the meaning of the term 'waste' as it relates to a life tenant.
13. 5(b)(ii)10 marksAdvise on THREE types of waste that may have been committed.
14. 5(b)(iii)7 marksAdvise on whether the life tenant may be held liable for waste.
15. 6(a)(i)9 marksWith reference to ONE decided case, advise the landlord on terminating the lease by forfeiture for non-payment of rent.
16. 6(a)(ii)7 marksWith reference to ONE decided case, advise the landlord on terminating the lease by notice to quit for non-payment of rent.
17. 6(b)9 marksWith reference to TWO decided cases, explain briefly the legal effect of the landlord accepting the outstanding rent.