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: A. Find against Sue because the advertisement was an invitation to treat.

B. Find against Sue because she is not a commercial customer.

C. Find in favor of Sue because there were no other customers to accept the offer that morning.

D. Find in favor of Sue because the advertisement constituted a binding offer.

E. Find in favor or Sue because she was a loyal customer of the store.

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? A. David can end the lease by forfeiture even if there is no clause in the lease providing for forfeiture.

B. David and Lauren can agree to surrender the lease.

C. Lauren's trustee in bankruptcy can disclaim the lease so long as she declares bankruptcy.

D. A, B, and C are all correct.

E. B and C are correct.

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? A. Harry may make an absolute gift to Julian, where legal title to the boat will vest in Julian.

B. Harry may transfer the boat to trustees to hold on trust for Julian.

C. Harry may retain legal title to the boat but declare that he holds it on trust for Julian.

D. A, B, and C are all correct.

E. only A and B are correct.

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? A. no because they did not obtain a license to protest.

B. no because the protest was a threat to public safety and order.

C. yes because they had the right to freedom of expression.

D. yes, and the public authority should not have intervened.

E. yes, but they should have obtained a license to protest.

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? A. Owen will receive £50,000 from the sale.

B. Alison will receive £50,000 from the sale.

C. Owen will receive £100,000 from the sale because he has the greater proportion of ownership.

D. Owen will receive £70,000 from the sale.

E. Owen can sell the land so long as he pays Alison £30,000.

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: A. In favor of Leslie because she has actually suffered by Sue's actions.

B. In favor of Sue because Leslie's sensitivity to odors is abnormal.

C. In favor of Sue because Sue's and Leslie's landlord is really liable for the nuisance.

D. In favor of Leslie because she has mentioned the problem to Sue.

E. In favor of Leslie because Sue's propensity for cooking is interfering with Leslie's use and enjoyment of her flat.

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: A. Libel.

B. Slander.

C. Both libel and slander.

D. Injurious falsehood.

E. Intentional infliction of emotional distress.

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? A. Simon will not be convicted of murder if the jury finds that he lost control at the sight of Jay.

B. Simon will not be convicted of murder if the jury finds that seeing Jay was a trigger that caused Simon to lose control.

C. Simon will not be convicted of murder if the jury finds that a person of his same sex and age with a normal degree of tolerance would have reacted in the same way.

D. if the jury finds that Simon was acting out of a desire for revenge, the loss of control defence will not succeed.

E. if the jury finds that Simon was acting out of a desire for revenge, Simon will be convicted of manslaughter.

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) A. As the host Member State, Germany must approve Amélie’s course selection.

B. She must demonstrate the link between her previous employment as a translator and her degree in Indo- European Linguistics.

C. Amélie must engage in genuine and non-ancillary part time work obtained for the purpose of her studies and not in preparation for further employment.

D. Receipt of the grant is conditional upon Amélie returning to work for her previous employer, the local government, for a period of two years after completion of her course.

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? A. yes, all partnerships must be established in writing.

B. yes, partnerships that are not in writing are void from the outset.

C. yes, some partnerships need to be established in writing.

D. no, but it is advisable to put the terms of the partnership in writing.

E. no and there is no need to put the terms of the partnership in writing.

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? A. Ed's motive is sufficient to prove his intent.

B. Ed's loss of control defence will succeed so long as the jury determines that a reasonable man would have reacted the same way if he found out his wife was cheating on him.

C. Ed cannot use loss of control as a defence so long as the trigger was Alice's infidelity.

D. Ed's conviction may be reduced if his provocation defence is successful.

E. Ed's loss of control defence will succeed so long as he proves that he had knowledge of Alice's infidelity.

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? A. Deborah expresses her intention to revoke after the auctioneer's hammer falls.

B. Deborah expresses her intention to revoke after the auctioneer's hammer falls because the reserve was met by someone else's bid.

C. The auctioneer cannot reject Deborah's bid because the reserve was met.

D. The auctioneer cannot reject Deborah's bid because the sale was held without reserve.

E. The auctioneer rejects Deborah's bid.

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? A. James is personally liable for losses to the estate but he did not breach his duty as Personal Representative.

B. James is personally liable for losses to the estate.

C. James is not personally liable for losses to the estate.

D. James is not personally liable for losses to the estate even though he breached his duty as Personal Representative.

E. James is not personally liable for losses to the estate even though he failed to preserve the estate assets.

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? A. Lauren was too drunk to enter into a contract with Bill.

B. Lauren was 17 years old at the time and Bill was unaware of her age.

C. Lauren was 17 years old at the time and Bill was aware of her age.

D. Lauren is legally obligated to go to the Lake District with Bill.

E. Both b and c are equally compelling.

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. A. Will cannot recover in a suit against Andrew because he was not part of the agreement between Joe and Andrew.

B. Will cannot recover in a suit against Andrew because Will did not walk Andrew's dog.

C. Will can recover in a suit against Andrew because Joe assigned his rights under the contract to Will.

D. Will can recover in a suit against Andrew because of equitable estoppel.

E. Will can recover in a suit against Andrew and Will is also entitled to interest for the time that has passed even though Joe and Andrew did not agree that interest would be tacked on to late payment.

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? A. The batter is not liable because the homeowner should have reasonably anticipated that living next to a baseball field would involve stray balls landing on his property.

B. The batter is liable for the trespass of the baseball onto the homeowner's property.

C. The batter is not liable because he did not intentionally cause the ball to land on the homeowner's property.

D. The batter is liable because the ball he hit caused the homeowner to sustain an injury.

E. The batter is not liable because the architect of the baseball field is responsible for the poor design of the field.

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? A. yes because the parties agreed to all of the pertinent terms.

B. yes because the lease is for a commercial and not a residential space.

C. yes because leases at four years or less at market rent which take effect immediately may be created without the need for writing of any kind.

D. no because a lease of more than three years must be created by a deed.

E. no and the lease will not take effect in equity.

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? A. based on the case law relating to provocation, Amy's defence has a greater 8likelihood of succeeding if she shows that her mother taunted her for being an alcoholic.

B. based on the case law relating to provocation, Amy's defence has a greater likelihood of succeeding if she shows that a reasonable intoxicated person would have reacted the same way.

C. Amy's defence has a greater likelihood of succeeding if she shows that she was drunk during the time of her mother's homicide.

D. Amy's defence cannot succeed because she was drunk at the time of the killing.

E. Amy's defence cannot succeed so long as the judge finds that a reasonable intoxicated person would not have reacted the same way.

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? A. Brian may be criminally liable for assault but not battery.

B. Brian may be criminally liable for battery but not assault.

C. Brian is not criminally liable for assault because he did not lunge at Helen or physically move toward her.

D. Brian is not criminally liable for assault because he only used words to threaten Helen.

E. Brian is not criminally liable for assault because he tells the court during his trial that he was just joking at the time.

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? A. Brad may be criminally liable for an assault occasioning bodily harm because he committed a battery which resulted in Marcia's broken nose.

B. Brad is not criminally liable for an assault occasioning bodily harm because he did not assault Marcia since she had no idea the ball was coming until it hit her.

C. Brad is not criminally liable for an assault occasioning bodily harm because he did not intend for Marcia's nose to break.

D. Brad is not criminally liable for an assault occasioning bodily harm because he only had good intentions.

E. Brad may be criminally liable for an assault occasioning bodily harm because Marcia is particularly sensitive about her nose.

Sample Questions

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