Illegal Contracts, Frustration - Private Law - Past Exam, Exams of Law

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THE LAW SOCIETY OF SCOTLAND

EXAMINATIONS

SCOTS PRIVATE LAW

PAPER ONE

Tuesday 8 FEBRUARY 2011

(Three Hours)

Candidates should attempt FIVE questions

LAW SOCIETY OF SCOTLAND EXAMINATIONS

SCOTS PRIVATE LAW

PAPER ONE

8 February 2011 (Three hours)

Candidates should answer FIVE questions.

1. In 2010, Danny aged 16 registered a civil partnership with Clive aged 46. Unknown to Danny, Clive was married to Britney at the time. Britney divorced Clive four months later. Danny and Clive live in a flat owned by Clive. With encouragement, Danny has embarked on a course of further education. Recently, Clive has started to take drugs and has attacked him physically on at least three occasions when Danny refused to have sex with him. Danny is in a state of fear but has no place to go.

Advise Danny: (i) on the validity of the civil partnership; (ii) on whether he has a right to be alimented by Clive; and (iii) on whether Clive can be compelled to leave the flat

2. Brian and Dorothy married in 1991. Brian bought a house for £20K in 1990, with the intention that it should be used as a family home for both of them. Brian paid a down payment of £11K and raised the rest of the price by a loan secured by a standard security over the house. Title to the house was

aggression to Brenda.

Advise Arthur: (i) on the paternity of Tim; (ii) on whether he has any right to see Tim; and (iii) on the likelihood of having Tim live with him.

4. Write notes on TWO of the following:-

(i) Nullity of marriage; (ii) The nature and extent of the obligation of aliment; (iii) The grounds of divorce and dissolution of a civil partnership

5. A advertises in a newspaper a Pembroke table for sale for £4,000. At 9.00 am he receives a letter from B which states that B is willing to purchase the table for £3,950. A immediately writes and posts a letter to B in which he says that he is not prepared to sell the table for less than £4,000. Later the same morning A changes his mind and at 12 noon sends a fax to B which states: “Table yours for £3,950”. At 3 pm A receives a second letter from B which states that B is now willing to give £4,000 for the table. A immediately writes and posts a letter to B saying that he is pleased to see that B will buy the table for £4,000 and requesting B to send a cheque for that amount. Owing to the paper in the fax machine being empty for 5 hours, B only receives A’s fax at 5.00 pm the same day, and receives A’s two letters together at 8.00 am the next morning.

Advise A.

6. Felix, an accountant, buys a computer system for office use from Oscar, who sells it in the course of his business. The contract is in Oscar’s standard form. There is a clause restricting Oscar’s liability for damages for losses arising due to a fault in the computer to the price of the computer system (£10,000). The computer is installed, and afterwards, due to an electrical fault in it, Felix’s office burns down causing a loss of £350,000.

Advise the parties.

7. Write notes on TWO of the following:-

(i) Illegal Contracts; (ii) Error; (iii) Frustration

END OF PAPER