A client, the owner of a small garage, seeks advice about whether he m

1.A client seeks advice from her solicitor about a contract which she had entered into for the purchase of an expensive car from a private seller. The sum of £47,000 was to be paid as consideration. The day before the contract was agreed, and without the seller's knowledge, the car, which was insured, caught fire and was destroyed. The client has been contacted by the seller who maintains that the money must still be paid under the terms of the contract but the money will be reimbursed to the client when the seller receives settlement from the insurance company.What is the best advice that the solicitor should give the client on the relevant law? 选项： A:There has been a unilateral mistake by the seller as to the existence of the subject matter which renders the contract voidable by the seller who may, if he wishes, seek to enforce the contract. incorrect B:There has been a negligent misrepresentation as to the existence of the subject matter which renders the contract voidable. incorrect C:The contract is valid and enforceable as the subject matter of the contract was insured and the buyer can be compensated in damages. incorrect D:There has been a mistake as to the existence of the subject matter which renders the contract voidable. incorrect E:There has been a mistake as to the existence of the subject matter which renders the contract void. correct

2.A solicitor is preparing for an interview with a new client who wants a divorce to discuss private retainer options. The case is likely to be straightforward. The solicitor is considering whether it would be preferable for him to charge a fixed fee or an hourly rate in this case.Which of the following correctly sets out whether the solicitor should charge an hourly rate or fixed fee? 选项： A:An hourly rate, because the final costs of the work needed may be more than the fixed fee. incorrect B:An hourly rate, because on a fixed fee the client may be more demanding than would otherwise be the case. incorrect C:An hourly rate, because the client may not be able to recover the full fixed fee from the other party. incorrect D:A fixed fee, because this will be more attractive to the client and provide certainty for the client and solicitor. correct E:A fixed fee, because this will avoid any costs disputes with the client once the case is finished. incorrect

3.A construction company uses cranes which swing over into your client's airspace on a regular basis. Your client wishes to bring a claim against the construction company for damages or seek an injunction from the court to restrain using the cranes over his land. Which of the following statements best describes the extent of your client's property rights? 选项： A: Your client's property rights include any rights over the physical surface area of his land B: Your client's property rights do not include rights over the physical surface area of his land C: Your client's property rights include rights over the lower airspace above the physical surface area of his land which are necessary for any use that your client wishes to make of that land D: Your client's property rights include rights in the upper airspace above the physical surface area of his land E: Your client's property rights include rights over the lower airspace above the physical surface area of his land to such height as is necessary for the ordinary use and enjoyment of his land

4.[单选题]Which statement about a manager’s use of client brokerage commissions violates the Code and Standards? A A client may direct a manager to use that client’s brokerage commissions to purchase goods and services for that client B Client brokerage commissions should be used to benefit the client and should be commensurate with the value of the brokerage and research services received C Client brokerage commissions may be directed to pay for the investment manager’s operating expenses

5.You represent a client who has been charged with a particularly horrendous murder and confesses to you that he is guilty. The client then tells you that he still wishes to plead not guilty.Which of the following statements best describes what you should do in respect of whether you should reveal this information? 选项： A: Your duty of confidentiality to the client would prevent you from revealing this information B: Your duty of confidentiality to the client is overridden by the interests of justice and you would therefore be required to reveal this information C: Your duty of confidentiality to the client requires you to continue to defend your clienes innocence to the court D: Your duty of confidentiality to the client requires you to suggest to the court that another person, who was with the client at the time of his arrest, is guilty of the offence E: Your duty of confidentiality to the client requires that you refrain from acting any further on the client's behalf

6.The report of a single joint expert is received on 1 May. On 14 June, the defendant's solicitor, without the claimant's agreement and without the court's permission, puts written questions to the expert for the purpose only of clarifying the expert's report. The expert telephones the solicitor and says that he has no obligation to reply to the questions. The solicitor informs the client, who is annoyed, and asks his solicitor to explain.What should the solicitor tell his client about the obligation of the expert to reply to the questions? 选项： A:That the expert is obliged to reply as a party is entitled to seek clarification of his report and that neither the claimant's agreement nor the court's permission is required. incorrect B:That the expert is not obliged to reply as the request was not made in time and the permission of the court or the claimant's agreement must be sought. correct C:That the expert is not obliged to reply as the claimant must agree the questions to be put as the expert is a single joint expert. incorrect D:That the expert is obliged to reply as the questions were put within a reasonable time following service of the report. incorrect E:That the expert is obliged to reply as the expert's overriding duty is to the court which overrides any obligation to the parties. incorrect

7.A long-standing client, a wine dealer, telephones his solicitor. That morning, the client had received an inquiry by email from a wine merchant, with whom he has done business in the past, asking for his lowest price for six crates of a particular and rare wine. The client replied that the lowest price was £10,000. The merchant emailed the following reply: 'We agree the purchase of six crates of wine for £10,000. Funds have been transmitted by bank transfer. Please deliver within 24 hours.' The client is in a position to deliver the wine but does not wish to do so as he has promised the wine to another merchant.What advice should the solicitor give as to whether a contract has been formed which the client must perform? 选项： A:A contract has been formed as all necessary components are present and the client must deliver the wine. incorrect B:A contract has been formed as there is an established course of dealing between the businesses and the client must deliver the wine. incorrect C:A contract has not been formed as the client had prior to the email exchange promised the wine to another merchant. incorrect D:A contract has not been formed as there has been no acceptance and there is no obligation on the client to deliver the wine. correct E:Any contract that has been formed is voidable for frustration as the subject matter of the contract is not actually available as it has been promised to another merchant and, therefore, the client does not need to deliver the wine. incorrect

8.Two parties are the owners of adjacent properties. One owner, an amateur gardener, has brought proceedings in the County Court. In the claim form, the claimant sets out a claim for damages against his neighbour for damage to some unique roses which have died as a result of interference with their roots whilst building works are undertaken by the neighbour. Work has stopped temporarily due to poor weather, but the claimant is anxious to apply for a prohibitory injunction to prevent any further work once the weather improves as he is concerned that further damage will be caused to his roses.What advice should the claimant's solicitor give his client about how he should proceed? 选项： A:He should amend the claim form to include a claim for an injunction and then apply for a prohibitory injunction for which no notice need be given. B:He should amend the claim form to include a claim for a prohibitory injunction and then apply for an interim injunction with notice. C:He should apply for an interim injunction with notice but does not need to amend the claim form to include relief sought by way of interim injunction. D:He should apply for an interim injunction without notice and does not need to amend the claim form to include a claim for an injunction. E:He must seek permission to amend the claim form as he risks the claim being struck out unless it specifies the remedy which the claimant seeks.

9.MCQ-08433Under the common law, which of the following defenses, if used by a CPA, would best avoid liability in an action for negligence brought by a client? 选项： A:The client was contributorily negligent. B:The client was comparatively negligent. C:The accuracy of the CPA's report was not guaranteed. D:The CPA's negligence was not the proximate cause of the client's losses.

10.A client has entered a solicitor's office asking for representation regarding an incident which took place at his home last week. The client is a transsexual male who was thrown out of the home he shared with his long term, same-sex partner, after a minor disagreement. The police refused to allow him to go back into his home to collect some possessions as they refused to recognise that it was his 'family' home and threatened to arrest him if he tried to re-enter the property. The solicitor feels that the client does not have much of a case, and he also has strong personal views on transsexuals and therefore is not keen on representing this client.What is the best of action for the solicitor to take in these circumstances? 选项： A:Refuse to act for the client as he does not feel he can act in the client's best interests. B:Refuse to act for the client on the grounds that the law rarely protects individuals in arbitrary action by the police of this nature. C:Represent the client and rely upon Article 6 ECHR—right to a fair trial. D:Represent the client, as to refuse would be a breach of Principle 6 of the SRA Code of Conduct for Solicitors. E:Refuse to represent the client as the courts do not yet recognise that a cohabiting, same-sex couple equates to the notion of 'family life'.

11.In which of the following situations would you make further enquiries of a client? 选项： A: A client’s legal expenses are covered by an insurance policy B: A client asks you to make a payment to a legitimate party involved in a transaction using funds held for the client in your firms’ client bank account C: A client wishing to borrow money from a mortgage lender states his net income is GBP3,500, when you know from previous dealings with him that his income is only GBP2,000 D: A client pays you GBP130 in GBP10 notes which he says is to enable you to undertake local searches in his conveyancing matter E: Your client is a limited company and the director who meets you has brought his passport but has not brought any company documents

12.On 4 July a client, a book publisher, received an inquiry from a university professor about the availability and cost of some textbooks. The publisher immediately made an offer by letter to the professor to supply the textbooks from available stock at a discounted price of £10 per book. The publisher asked for an early reply. The letter was delayed in the post and was received by the professor at 9.30 am on 9 July. Upon receipt, the professor immediately telephoned the publisher to accept the offer and was told that the offer had been revoked by email on 5 July. On hearing this, the professor checked his email account and found that the email had arrived but was one amongst many received that day and had not been read. The professor insists that his acceptance of the offer is valid and that the contract must be performed. The client seeks his solicitor's advice about whether the professor is correct.Is the professor correct that his acceptance of the offer is valid and that the contract must be performed? 选项： A: Yes, as the offer was accepted before revocation of the offer was communicated to him. incorrect B: No, as he failed to respond to the offer at the earliest and the offer lapsed for non-acceptance within a reasonable time. incorrect C: Yes, as he was entitled to receive notice of revocation by letter as the offer was made by letter. incorrect D: No, as the letter sent on 4 July was an invitation to treat. incorrect E: No, as the revocation of the offer was made prior to his purported acceptance. correct

13.A client, the claimant, is concerned about the reporting of an upcoming trial in which she is keen to protect her reputation and that of her business. There are no grounds upon which the trial may be held in private. The client is particularly worried that witness statements produced at trial may be used by others as evidence to bring claims against her.Which of the following statements is correct about witness statements which are put in evidence at trial? 选项： A:All documents, including witness statements, which come into existence for the purpose of a particular set of proceedings may be used for that purpose only and no other. incorrect B:Witness statements which have been put in evidence at a trial held in public may be used for purposes other than the proceedings in which they have been served. correct C:Only those witness statements served by the claimant may be used for purposes other than the proceedings in which they have been served. incorrect D:Only if the claimant is unsuccessful in her claim, may her witness statement, but not those of any other witnesses whose statements have been served, be used for purposes other than the proceedings in which they have been served. incorrect E:The claimant may withhold her consent to any document, including witness statements, being used other than for the purposes of the proceedings in which they are served. incorrect

14.There has been a global pandemic. As a result, shares on the stock market have plummeted. A solicitor receives an irate call from a current client stating that his portfolio of small percentage shareholdings in various PLCs listed on the London Stock Exchange are practically worthless. The firm is selling a private limited company for this client. He wants to know what he should do about his portfolio of shares.What advice can the solicitor provide to the client in these circumstances to ensure she does not breach the Financial Services and Markets Act 2000 (FSMA 2000)? 选项： A:Buy more shares in listed PLCs as the share prices are as low as they are likely to get. B:Take out a life insurance policy to protect his family due to the state of his financial affairs. C:Explain that dealing with the shares is not incidental to the other legal service provided, so the solicitor cannot advise him. D:Explain that the solicitor can only advise here if she is given complete discretion to manage the whole portfolio. E:Offer to enter into a credit arrangement as lender to ensure the client has the funds to continue his investment activities.

15.A long-standing client, a wine dealer, telephones his solicitor. That morning, the client had received an inquiry by email from a wine merchant, with whom he has done business in the past, asking for his lowest price for six crates of a particular and rare wine. The client replied that the lowest price was £10,000. The merchant emailed the following reply: 'We agree the purchase of six crates of wine for £10,000. Funds have been transmitted by bank transfer. Please deliver within 24 hours.' The client is in a position to deliver the wine but does not wish to do so as he has promised the wine to another merchant.What advice should the solicitor give as to whether a contract has been formed which the client must perform? 选项： A:A contract has been formed as all necessary components are present and the client must deliver the wine. B:A contract has been formed as there is an established course of dealing between the businesses and the client must deliver the wine. C:A contract has not been formed as the client had prior to the email exchange promised the wine to another merchant. D:A contract has not been formed as there has been no acceptance and there is no obligation on the client to deliver the wine. E:Any contract that has been formed is voidable for frustration as the subject matter of the contract is not actually available as it has been promised to another merchant and, therefore, the client does not need to deliver the wine.

16.Some young people in our company may come to seek your advice.

17.A motorist was injured in a car accident caused by the negligence of a lorry driver The car belonging to the motorist was damaged beyond repair in the accident. The motorist survived for several weeks, during which time he suffered great pain. He then died. He suffered a loss of earnings from the date of the accident to the date of his death. Had he lived, he would have worked for a further 20 years. He left a wife who was financially dependent on him.In a claim against the lorry driver pursued by the motorist's estate, which of the following statements is correct? 选项： A:Because the motorist has now died, there can be no claim for his losses, but the estate can pursue a claim on behalf of the motorist's wife for her loss of dependency on him. B:Because the motorist has now died, there can be no claim for his pain and suffering, and the claim pursued by the motorist's estate should be limited to his financial loss up to the date of his death. which would cover his loss of earnings from the date of the accident to death and the value of his car. C:The claim pursued by the motorist's estate should be for damages for his pain, suffering, and loss of amenity between the date of the accident and the date of death, his loss of earnings for that period. and the value of his car. D:The claim pursued by the motorist's estate should be for damages for his pain, suffering, and loss of amenity between the date of the accident and the date of death, his loss of earnings for that period and his future loss of earnings in the 20 years he would have worked, and the value of his car. E:The claim pursued by the motorist's estate should be for all of his losses resulting from the accident and for the loss of dependency suffered to his wife.

18.A man is on trial accused of causing criminal damage. The magistrates have just sat through four days of evidence, which included details of the man's three previous convictions for criminal damage and his disputed police station confession. Before the magistrates retire to consider their verdict, the man's solicitor will deliver the defence's closing speech.Which of the following issues will be excluded from the defence solicitor's closing speech? 选项： A:Reference to the man's police station confession. incorrect B:Reference to the prosecutions opening speech. . incorrect C:The burden and standard of proof. incorrect D:The issue of his client's bad character. incorrect E:Reference to his opening speech. correct

19.Which of the following is the term that describes the desired results obtained from treatment 选项： A: Client outcome B: Client expectation C: Client consent D: Client feedback

20.In subjective description, a writer may convey a highly（） view of the subject and seek to arouse a strong emotional response from readers.