Wrong My Kaplan

Which of these is common law and which is equity

Damages

Injunction

Specific performance

Damages = common law

Injunction = equity

Specific performance = equity

when equity conflicts with common law, equity prevails - true or false

True

what are three types of classification of law in the UK

adjective, public, private

‘person includes body of persons corporate or unincorp’

‘juristic persons can only be corporations’

true or false?

both true

In what way can a comoany not be created?

resolution of house of commons

name a non-juristic person

limited company - lacks formal legal personality

A question of fact is a q as to the existence of some phenomenon. These phenomena are proved…

either by direct evidence or by agreement by parties to a dispute

primary facts are observed by witnesses and proved by [X] testimony

oral

Name 2 UK dependent territories

BErmuda

British Virgin Islands

Who has the sole power to levy taxation

Parliament - house of commons

Judicial review may only be made where HMRC has acted incompatiable with EC on Human rights

Successful judifical review = court may grant quashing order

true or false?

both false

UK is uncodified

UK is flexible

true or false?

True

True

Parl has enacted targeted DOTAS

PArl inteprets leg purposively

True or false?

True

False - there are several rules that may be applied

What are three discretionary remedies the court may grant after judicial review

Prohibition order

Quashing order

Mandatory order

Name two forms of primary leg

Public and Private acts

Which is not a stage in progress of bill proceeding

Report

first reading

committee reading

second reading

committee reading

someone acting ultra vires is acting…

outside their powers

Parl can overrule case law

Parl can repeal statutes made by previous parl

both true

Parl in IK comprises House of C, Supreme Court, House of Lords

Consultations piblished on HMRC’s website eg green/white papers

False - comprises House of C and House of L

True

EU leg formed separate source of leg in UK when it was a member state

Two main types of secondsary leg are Res and Commission Decisions

True

False -

The Supreme court sits as a court of [X] justices

5

Factors taken into accounts in deciding whether to treat precedent as persuasive:

Seniority of court

Standing of judge who made it

Examples of persuasive precedent

Rationes decidendi

Minority judgements

Obiter dicta

Name two that are not covered by bribery act

Blackmail

conspiracy to bribe

Ned, a solicitor, advises Mr Alt to change his Will to make it more tax efficient. The advice is incorrect, and when Mr Alt dies, Miss Alt, his sister and sole beneficiary, is left with a larger, not smaller, inheritance tax liability. What are the actions that can be taken?

Miss Alt has an action in tort against Ned

A tax practitioner needs to be… to provide investment advice

Permission under FSMA 200 or member of a DPB

diff betwene joint tenants and tenants in common

joint own entire equally and have automatic right of surviviorship

TIC own defined shares

chattels real are personalty

leasehold is chattel real

both true

patent is a personal intangible chattel

false - it is an intangible asset classified as chose in action

how can a joint tenancy be converted to TIC?

mutual agreement or unilateral notice

Joint tenants - one wants to sell and then other said she cant’t sell without his permission - is this correct?

No - she can sever by notice in writing and convert to TIC

can you protect name of business with a trademark?

yes

can a lavender plant design be protected by trademark?

no as it is not a unique item

when does copyright run from?

From the moment the item is created

what is the right of access over the land known as?

an easement

there is implied term for tenant to pay rent required under lease

there is implied term to allow landlord to visit if liable to repair

both true

what does dominant tenement do…

has the benefit of an easement

what does the servient tenenment do…

carried the burden of the easement

which of these constitute an offer:

Tax practitioner advertises services in newspaper

TP produces leaflet that says TR completed for £100

Client emails TP asking to complete TR for £100

3 only

what act contains terms that may be implied into contract between tax adviser and his client for tax advice?

Supply of Goods and Services Act 1982

Seller continues to be legal owner of goods, legal ownership only passes hwen goods paid for… what is this called?

Retention of title clause (or Romalpa)

Name 2 things that can make contract voidable

Duress

Misrep

A non resident company is within the charge to CT if…

it carries on trade in UK through a UK PE

What are 3 types of authority which an agent can bind a principal?

Apparent, Implied, Express

Provision of machinery under contract for hire of chattels is not covered by s.67 CAA 2001 as the lessee can…

never become owner of the machine under such terms

A call option binds the grantor to…

sell underlying asset

A right of pre-emption is…

a right of first refusal

Does an agent have a duty to charge reasonable fee?

No

Principal must obey lawful instructions of agent

Principal must pay agent the commission agreed

False

True

What awards can be made for unfair dismissal?

Re-instatement

Re-engagement

Compensation

Employer tells employee she has to leave job once uniform stops fitting - what can she claim under?

unfair dismissal

Edward must give 6 weeks notice under contract, he has worked there for 5 years. What notice does he need to give?

6 weeks

what must be included in written statement setting out terms of contract?

info on where health and safety rules found

How can an employment contract be terminated without breach of contract?

Notice

Passage of time

partners who retire continue to be liable for o/s debts unless…

creditor has agreed to release them

what debts are realised first advances above capital contribution or original capital contribution

advances above

what happens on death of a partner where there is no mention of this in partnership agreement

dissolved

In a GP what will one partner be responsible for in respect of the other partner

any liability for their breach of contract

does a lack of partnership agreement mean you are not trading as partnership

no

Larry takes out lease, assigns it to lesley who assigns to lisa - if lisa defaults on payment who will be liable

lisa

Administrators derive their powers from grant of probate, true or false?

False

Only wills set out in writing are valid

true

Witness to signing of a will is about to marry that persons child - what impact will this have on the validity of the will?

None

Name 3 actions that will render the bequest of a will ineffective

Deliberately destroying will

Marrying new person

Writing a new will which makes no reference to previous one

Deceased’s property does not vest in administrators at any stage?

False - they become absolute owners

Name the order that estate passes:

Issue

Parents

Siblings

Half siblings

Name two trust that can arise without being created by deed

Resulting trust

Constructive trust

Trustee does not have discretion to accumulate income - what type of trust is this

Bare trust

Trust set up and is specified to be used for grankids school - what type is it?

discretionary

Two statutes that govern trust law

Trustee Act 1925

Trustee of L&A of T Act 1996

Reversionary interest of remainderman under int in posession trust may be…

Contingent interest

Absolute interest

What number of trustees may a trust have?

No min or max

What remuneration is a trustee entitled to

reasonable remuneration

Most suitable vehicle for a charitable enterprise?

Company limited by guarantee

Advantages of a company v sole trader

Comparative ease of raising finance

Corporate veil afford protection

are individual members contractually bound to each other by articles?

yes

A PLC wants to change articles - what type of res is required?

Special res with 14 days notice

when do shares need to be paid for after resolution?

5-7 weeks

what cannot constitute financial assistance?

loans made in the normal course of business