Tuesday 3 June 2008
ALL TEN questions are compulsory and MUST be attempted
1 In relation to the English legal system explain the following sources of law:
(a) Common law; (6 marks)
(b) Legislation. (4 marks)
2 In relation to contract law explain the meaning and effect of:
(a) an offer; (4 marks)
(b) an invitation to treat. (6 marks)
3 In relation to the tort of negligence explain the standard of care owed by one person to another.
4 In the context of company law explain:
(a) the doctrine of separate personality and its consequences; (6 marks)
(b) the circumstances under which separate personality will be ignored. (4 marks)
5 In relation to company law explain the meaning of the following:
(a) ordinary shares. (3 marks)
(b) preference shares. (3 marks)
(c) debentures. (4 marks)
6 In relation to company law distinguish between:
(a) executive directors; (4 marks)
(b) non-executive directors; (3 marks)
(c) shadow directors. (3 marks)
7 In relation to employment law:
(a) Explain why it is important to distinguish between contracts of service and contracts for services.
(b) State how the courts decide whether someone is an employee or is self-employed. (6 marks)
8 Astride entered into a contract with Bild Ltd to construct a wall around the garden of a house she had just purchased.
The wall was to be three metres high to block out a view of a rubbish tip. The wall was due to be finished in May
and Astride entered into another contract with Chris to landscape the garden starting on 1 June.
Bild Ltd finished the wall on 25 May. However when Astride came to examine it for the first time she found that it
was only 2·50 metres high and that the rubbish tip was still visible from the top of her garden.
On 1 June, Chris informed Astride that he was too busy to landscape her garden and that she would have to get
someone else to do it. The only person available, however, will charge Astride £500 more than Chris had agreed for
doing the work.
Analyse the scenario from the perspective of the law of contract, advising Astride:
(a) Whether she can require Bild Ltd to reconstruct the garden wall in order to make it the agreed height, and
if not, what alternative action is available to her. (5 marks)
(b) Whether she can require Chris to undertake the work on the garden, and if not, what alternative action is
available to her. (5 marks)