FE1 Exam Thread (Mod Warning: NO ADS)

itsonlybla

Glinda! wrote: »

My head is so frazzelled from Co. im confusing the basics! Could someone please just clarify this for me?!

For the purposes of disposition of co. assets, once a resolution is passed to place a co. in liquidation, is it from that point in liquidation or is there a further step/time until it is said to be in liquidation? Im taking it that it is but im doubting myself at this stage!!

s. 253 CA 1963 —A voluntary winding up shall be deemed to commence at the time of the passing of the resolution for voluntary winding up.

itsonlybla

if its a court ordered liquidation the effective date is the date the petition was presented.

doyle21

MoneyMilo wrote: »

I did all 5 problem questions. Animal liability was a mean question to put down and I wouldn't have had enough for Statute of Limitations. I did Defamation, trespass and nuisance reasonably well. The other 2 less so. I only got 2 pages down for the last one.

I found doing 5 problems quite draining, sifting through all the facts and consequently being a bit short on time.

How did anyone else deal with Q 5 (property valuers) and Q8 (the kayak question) ??

Ye did question 8! Thought is was a defective product question....absolulte disaster! Was very tricky question, though it was neg misstatement for a while also....didn't read the last sentance with actualy asked about 'dut of care' idiot

Question 5 was ok.... I just gave Neg Misstatement because they didnt research properly! I wasnt sure what ti make of the leaking of the valuation

Did the 4 other problem questions reasonably well! Is it possible to pass with only 4 questions ?????? because I could possibly get 0 for Q8 although i mentioned negligence at the end!

odonohs2

Glinda! wrote: »

My head is so frazzelled from Co. im confusing the basics! Could someone please just clarify this for me?!

For the purposes of disposition of co. assets, once a resolution is passed to place a co. in liquidation, is it from that point in liquidation or is there a further step/time until it is said to be in liquidation? Im taking it that it is but im doubting myself at this stage!!

Commencement of winding up is from the presentation of the petition. Any disposition post-commencement is void, unless the court orders otherwise. A disposition made within the 6 months prior to winding up may fraudulent preference.

Denham

doyle21 wrote: »

Ye did question 8! Thought is was a defective product question....absolulte disaster! Was very tricky question, though it was neg misstatement for a while also....didn't read the last sentance with actualy asked about 'dut of care' idiot

Question 5 was ok.... I just gave Neg Misstatement because they didnt research properly! I wasnt sure what ti make of the leaking of the valuation

Did the 4 other problem questions reasonably well! Is it possible to pass with only 4 questions ?????? because I could possibly get 0 for Q8 although i mentioned negligence at the end!

It would seem:>>> i could be wrong!
q5 professional negligence, misstatement, negligence.
q8 duty of care 70% & v.l 30%... i said prob not vl because no employee relation...no money seabourne >>>vol agency

whats anyone else's take on this??? a bit of mixing of topics this time>>>!! post mortems are awful

walrusgumble

doyle21 wrote: »

MoneyMilo wrote: »

I did all 5 problem questions. Animal liability was a mean question to put down and I wouldn't have had enough for Statute of Limitations. I did Defamation, trespass and nuisance reasonably well. The other 2 less so. I only got 2 pages down for the last one.

I found doing 5 problems quite draining, sifting through all the facts and consequently being a bit short on time.

How did anyone else deal with Q 5 (property valuers) and Q8 (the kayak question) ??

Ye did question 8! Thought is was a defective product question....absolulte disaster! Was very tricky question, though it was neg misstatement for a while also....didn't read the last sentance with actualy asked about 'dut of care' idiot

Question 5 was ok.... I just gave Neg Misstatement because they didnt research properly! I wasnt sure what ti make of the leaking of the valuation

Did the 4 other problem questions reasonably well! Is it possible to pass with only 4 questions ?????? because I could possibly get 0 for Q8 although i mentioned negligence at the end!

I think question 8 is about duty of Care - omission - and he defence of volunteers as per section 51E of civil liability act 1961 as amended by the Civil law miscellaneous act 2011.

quiba

For freehold covenants- does the LCLRA 2009 only apply to covenants created after it's commencement or does it abolish all the common law/ equity rules for all covenants, regardless of when created? So if a covenant was created in 2008 do the old rules or new rules apply to its enforcement against a third party?

evercloserunion

walrusgumble wrote: »

I think question 8 is about duty of Care - omission - and he defence of volunteers as per section 51E of civil liability act 1961 as amended by the Civil law miscellaneous act 2011.

I pretty much exclusively dealt with duty of care for question 8, because that was all it asked for. I set out the development of the law here and in the UK and analysed the facts under the test after Glencar. I guess I will lose out a bit if they were looking for other stuff then. It's a bit typical, they always say to answer the question asked, if I lose out because I limited my answer to what was asked I'll be pretty annoyed. That said, I completely missed the 2011 Act defence for voluntary organisations so that was my f*ck up. Hope I don't get too heavily crucified for that.

With damages I had the opposite problem, I talked generally about exemplary damages and how they should be treated with caution given their quasi-criminal nature etc, but on reading the question again it seemed to concern how they affect the behaviour of defendants.

Animal liability was another bad one, I left that one for last and it was quite wishy-washy.

Apart from that I did the trespass to the person and nuisance questions, they went pretty well.

I'm pretty worried about the duty of care question now though, how badly do you think it will affect me if I talked about duty of care at common law but left out the 2011 Act? Obviously it will adversely affect the grade but I wonder are we talking 0%, 25%, 40% etc

Keane91

I misread the section on permitted legislation and thought it was checked on the day of the exam.
"The legislative sources must be handed in for checking by the invigilators at least one day prior to the day of the examination during which the sources will be used. The legislative sources can be handed in between 9.00 a.m. and 12.30 p.m. on each examination day to
the Reception Desk in the examination centre."

Is there any chance if you arrive early on the day of your exam to get it checked you will be allowed use the legislation?

Hogzy

Keane91 wrote: »

I misread the section on permitted legislation and thought it was checked on the day of the exam.
"The legislative sources must be handed in for checking by the invigilators at least one day prior to the day of the examination during which the sources will be used. The legislative sources can be handed in between 9.00 a.m. and 12.30 p.m. on each examination day to
the Reception Desk in the examination centre."

Is there any chance if you arrive early on the day of your exam to get it checked you will be allowed use the legislation?

Iv done this in the past and I got my constitution within the first half hour. Loads of people do it. I think it's a very unfair rule considering so many people have to travel from around the country to do the exams, so mightn't be able to drop their legislation in the day before

Caoileann

Don't know how I missed the 'volunteer' thing in Q8... sickened.
Although I did say the question concerned omissions and included one case on that, I mostly focused on general DOC and third parties children cases.. that's what I get for staying up all night!

I hope I pick up some marks and don't fail completely miserably on that question

To those who have previously sat tort, is he a generous marker?

ryan606

Obviously I only sat Tort this morn aswel so Im not sure what he's like with the FE-1s but I had him as a lecturer and FYP supervisor in UL and hes the most laid back man EVER- he marks everything soooo easy- I used love him. I'm just hoping he's the same with these!

itsonlybla

I handed up an extremely poor Tort script last sitting, somehow he passed me.

evercloserunion

Haven't sat tort before but to be honest, I've always found there to be a lot of room for error in (most) law exams. It seems you'd want to be fundamentally misunderstanding the questions to fail the exams, not just leaving stuff out.

Caoileann

Thanks everyone you brought back the hope lol

kelmchugh

Hi guys, panic starting to set in a bit. Could anyone break down the main effects of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 and its main effect for rights of co-habiting unmarried couples!

Thank you!

Denham

Re:tort

I must admit i was scratching my head during the exam.... lol
q5 & q8 were extremely well thought out questions and i must take my hat off to the examiner for stepping it up a level! mother f*ker lol
then to throw in dogs and limitation periods - would not have been people first choice questions... well calculated paper designed to make some of us sweat!
keep jumpin them hoops folks

Fe1exams

the griffith manual states u cant revoke an easement then it talks about discharge .... am i missing the point here or is whats the deal...

wikidpedia is helpful but sometimes and more often than not depicts foreign legal principles

Thanks

Glinda!

What did everyone think of Company Paper?

Caoileann

Would anybody be so kind as to share the topics the prep courses are stressing?

UberStressed

I hate company law, by far my least favourite and worst subject- does anyone know what the position of the unreg charge was re appointment of the Reciever?

IsaacWunder

Glinda! wrote: »

What did everyone think of Company Paper?

A mixed bag.

Question 1 was bizarre. Didn't even know public companies were on the syllabus. Even Courtney's own book only covers private companies.

As for the share transfer question, does anyone the answer to part (b) re what would happen where it's not stamped by the revenue? I'm too exhausted to look it up.

odonohs2

UberStressed wrote: »

I hate company law, by far my least favourite and worst subject- does anyone know what the position of the unreg charge was re appointment of the Reciever?

Appointment of receiver is invalid, and receiver is liable unless court relieves him, in which case the appointer is liable. It's in the CA but couldn't remember what sections.

sorchauna

IsaacWunder wrote: »

A mixed bag.

Question 1 was bizarre. Didn't even know public companies were on the syllabus. Even Courtney's own book only covers private companies.

I agree I was like what is that! I managed to go blank halfway through Regulation 80 how silly but had examinership, seperate legal entity and the directors duties. Then did an alright attempt at the one about the dipositions oafter winding up but forgot my case names! All I need is a pass so with three good questions and 2 alright hopefully its enough.

I was going to do book debts but wasnt sure what was going on with it so left it.

Onto property now - why did I do three in a row!

Glinda!

As for the share transfer question, does anyone the answer to part (b) re what would happen where it's not stamped by the revenue? I'm too exhausted to look it up.[/QUOTE]

"sections 81(1) and 86(1) of the Companies Act, 1963, provide that a company
registrar may not register a stock transfer form unless it is duly stamped and
section 86(2) imposes penalties for non-compliance with that section." Pulled that outa the CA's in the exam but im sure there's more to it!

Went blank as well took me a good hour before I started to write anything that might resemble English! Directors Q was pure rubbish because of it! Had SLE, Share Transfer and Disposition covered and attempted Corporate Borrowing Q! Really hope I wont be back 2 do it again :eek:

qz

When are the results out guys? Not that I'm particularly dying to get my results back.

itsonlybla

qz wrote: »

When are the results out guys? Not that I'm particularly dying to get my results back.

end of November. ish.

IsaacWunder

Glinda! wrote: »

"sections 81(1) and 86(1) of the Companies Act, 1963, provide that a company
registrar may not register a stock transfer form unless it is duly stamped and
section 86(2) imposes penalties for non-compliance with that section." Pulled that outa the CA's in the exam but im sure there's more to it!

Seems more of an issue for an accounting exam than a law exam :pac:

chops018

How is everyone feeling about property?

I have this covered:

- Succession.
- Mortgages.
- Easements.
- Landlord and Tenant.
- Adverse Possession.
- Family Property.
- Co-Ownership.
- Finding/Treasure Trove.
- Covenants.

Hopefully will get 5 good answers out of them. Would love two questions on succession, an adverse possession question, family property and co-ownership.

Hoping it's not a surprise paper this time around, she swayed a bit last time from the usual topics that come up (licences and land registration appearing and a complex question on Landlord and Tenant), hopefully it's not like that this time.

Fe1exams

chops018 wrote: »

How is everyone feeling about property?

I have this covered:

- Succession.
- Mortgages.
- Easements.
- Landlord and Tenant.
- Adverse Possession.
- Family Property.
- Co-Ownership.
- Finding/Treasure Trove.
- Covenants.

Hopefully will get 5 good answers out of them. Would love two questions on succession, an adverse possession question, family property and co-ownership.

Hoping it's not a surprise paper this time around, she swayed a bit last time from the usual topics that come up (licences and land registration appearing and a complex question on Landlord and Tenant), hopefully it's not like that this time.

For the love of God Chops dont leave out licenses! Its a highly examinable area! best of luck!!!!!