QLTS Advantage - Qualifying Foreign Attorneys to Become Solicitors

Sample Questions

MCT Mock test

1. A cheese store printed the following advertisement in the local paper: "Lovely Tuscan Pecorino, on sale from £17.99/kg to £6.99/kg this Tuesday only. Only two wheels left, first come first served" Sue, a cheese lover, waited outside the store on Tuesday morning, and when the store opened at 11am, Sue was the first customer of the day. However, the shop owner refused to sell the Pecorino to Sue for £6.99/kg because Sue was not a restaurant chef or owner, and he said it was the store policy to give discounts to commercial customers only. If Sue brings an action against the store for its refusal to sell her the cheese at the discounted rate, the court should:

2. Lauren and David have a legal lease for a term of three years, whereby Lauren is the renter and David is the owner of the flat in which Lauren lives. When Lauren has one year left on the lease she suddenly loses her job. She can no longer afford to rent the flat and the lease does not have a break clause. What are Lauren's options if she wants to break the lease?

3. Harry owns a boat that he docks in the south of France and he would like to confer the benefit of his boat on Julian during Harry's lifetime. How can Harry accomplish this?

4. Harrods commissioned a billboard to hang in a prominent spot in Picadilly Circus. The advertisement featured a woman wearing a mink coat and pulling a tiger on a leash. PETA supporters were outraged with the image and two particular animal lovers decided to do something about it. They showed up at Picadilly Circus, both totally naked and holding banners for animal rights. They walked back and forth across the streets at the intersection just below the billboard. Their little protest caused a huge stir at an already crowded spot, and it became a dangerous situation for drivers who were distracted by the protesters and for pedestrians in the area. Were these protesters practicing their Freedom of Expression in accordance with Article 10 under the European Convention on Human Rights?

5. Owen and Alison own land as tenants in common. When they bought the land, Owen paid 70% of the purchase price and Alison paid 30% of the purchase price. Now they both want to sell the land. Which of the following statements is most accurate if they sell the land for £100,000?

6. Sue and Leslie live in separate flats in the same building and in the same hallway. Leslie is prone to getting migraines and strong food odors often cause these types of headaches. Sue is an avid cook and she is often whipping up delicious meals in her flat, but the resulting smell is causing Leslie's headaches to start and last for days. In an action by Leslie against Sue for nuisance, the court is likely to find:

7. Adam and Brian are the only two florists in a small affluent town. As the busy wedding season approaches, Adam sends out brochures that state: "We at Adam's Flowers are saddened to hear that Brian is battling cancer and we wish him a speedy recovery. In the meantime, Adam's Flowers is available to handle all your wedding needs." Adam tells any customer that enters his shop the same thing. Brian - being in perfectly good health - catches wind of Adam's campaign and is understandably furious. In an action against Adam, Brian is most likely to recover for:

8. Simon's daughter is killed in a car accident by Jay, a drunk driver. The next night Simon runs into Jay and Jay's daughter. Simon loses control at the sight of Jay and decides that Jay must suffer the same loss. At that moment, Simon reacts by killing Jay's daughter. Simon is charged with the murder of Jay's daughter. Which of the following statements is most accurate?

9. Amélie moved from France to Germany six years ago where she has been working part-time as a translator for local government. She has now decided to give up her employment voluntarily to study for another language degree at the University of Munich. She wishes to apply for a training grant currently available to German students. What must Amélie do to qualify for the grant under article 7(2) of Regulation 492/2011? (Only one option is correct)

10. John and Jay agree on a handshake to become business partners, flipping and selling houses for a profit. Does the absence of a written agreement preclude the partnership?

11. Ed's wife Alice tells him that she has been cheating on him. Ed immediately lunges at her with a knife and stabs her to death. Which of the following statements is most accurate?

12. Sotheby's was holding an auction for Impressionist paintings. Deborah, a huge Monet lover, went to the auction to see what was selling. During the bidding, Deborah got caught up in the excitement when a Monet Water Lilies went up for sale. Even though she does not have access to the funds to pay for the painting, Deborah was the highest bidder. There is no way that Deborah can afford the price that she bid for the painting. What are the best set of circumstances for Deborah if she wants to avoid having to buy the painting?

13. James obtained a grant of probate to be the Personal Representative of Anne's estate. Before administering the estate, James invested the money in a risky start-up company, which was owned by James' wife. Not surprisingly, the start-up failed and Anne's estate could not be recovered. Is James personally liable for losses to the estate?

14. Bill and Lauren had been drinking heavily at a party one night. The two were chatting and agreed that they would drive to the Lake District together the next day. Only twenty minutes after promising to go with Bill the following day, Lauren blacked out from drinking too many shots. What is the best set of facts to support Lauren's case if she does not want to go to the Lake District with Bill?

15. Joe agreed to walk Andrew's dog every day at the rate of £10 per day while Andrew was away on holiday for five days. Joe fulfilled his obligations under the contract and on the last night that Andrew was gone, Joe went out to dinner with his friend Will. When the bill came, Joe realised he had forgotten his wallet. Will paid £50 for Joe's food and drinks and Joe wrote on a piece of paper that he assigned his rights under the contract with Andrew to Will.

16. A baseball batter hit a foul ball into the backyard of a house that was adjacent to the baseball field. The owner of the house was in his backyard at the time, and the ball struck him on the head. The homeowner sued the batter, and at trial, the batter introduced evidence that baseballs from the field regularly ended up in the homeowner's backyard. Which of the following is most accurate regarding the homeowner's case against the batter for trespass?

17. John, an artist, agrees to rent a studio from Sarah for four years at fair market rent, effective immediately. John and Sarah agree to all of the terms but do not put the lease in writing. Has a leasehold estate been created?

18. Amy lives at home with her parents. She goes out with her friends one night and comes home drunk. Upon arriving home, her mother gives her a lecture about being drunk, unemployed and unable to support herself. Amy becomes incensed and charges at her mother with a kitchen knife, ultimately killing her mother. If Amy argues that the loss of control defence applies, which statement is most accurate?

19. Helen and Brian have never met, but they are traveling alone in the same elevator. Suddenly the elevator stops short between floors. Helen tries to press some of the buttons, but the elevator does not move and it becomes clear that Helen and Brian are stuck and trapped inside. Brian leers at Helen from across the elevator cab and says, "what a great opportunity this has presented - I haven't raped a woman in a while and you are a knock out". Helen is terrified that Brian is going to rape her. Suddenly the elevator jolts back into action and Helen is able to escape unharmed. Which of the following statements is most accurate?

20. Brad has a crush on Marcia. Brad is playing catch with some friends and he sees Marcia nearby reading a book. Desperate to get her attention, he throws the ball in her direction. She doesn't see it coming at all before the ball hits her square in the nose, causing Marcia to have a broken nose. Which of the following statements is most accurate?

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