FE1 Exam Thread (Read 1st post!) NOTICE: YOU MAY SWAP EXAM GRIDS

Wonderstruck · 19-03-2019 3:58pm

LawGirl3434 wrote: »

Cool thanks - so if it’s expemption and exclusion clauses with a customer just go right to the unfair terms directive? And if business to business possibly George Mitchell and you’d bring in test for negligence etc here like pretty much just case law?

Ugh this is confusing

Yeah for business you'd have some SOG 1893 stuff but the Unfair Terms directive even has stuff in the grey list which would cover a common law approach anyways (e.g. fundamental breach is there on the Grey list so you'd be as well to just point at that then go through the ins and outs of exclusion clauses for fundamental breach)

Anyone have any contract predictions? #strawclutching

keelfe1s · 19-03-2019 3:58pm

Does anyone know can we print off Sale of Goods Act 1893 from Irish Statute book ?

sbbyrne · 19-03-2019 3:59pm

keelfe1s wrote: »

Does anyone know can we print off Sale of Goods Act 1893 from Irish Statute book ?

pretty sure you can't. I think it says it in the letter with the rules, if you have that handy maybe double check!

Wonderstruck · 19-03-2019 4:01pm

keelfe1s wrote: »

Does anyone know can we print off Sale of Goods Act 1893 from Irish Statute book ?

I think they're relatively strict on the legislation, i would contact the law society and check.

gfettig · 19-03-2019 4:06pm

Charles OCK wrote: »

In what form has the Anton Pillar come up in the past? Essay or Problem?

Thanks

last time was fall 2017 as an essay. "draconian and essentially unfair" quote from Columbia Pictures v Robinson. Discuss, with reference to case law, the principles governing applications for Anton Pillar Orders.

gfettig · 19-03-2019 4:07pm

Breacnua wrote: »

is an essay on SP in equity more or less the same in contract if asked ?
send me ur email

as an essay it tends to come up as 'discuss the defences to a claim for sp' or a discussion of a quote from CH Giles v Morris & asking how courts have dealt with sp for contracts for personal services.

holliek · 19-03-2019 4:10pm

Can someone explain the outcome of Vallee v Birchwood and King v DUbrey? My head is melted and can't figure the final decisions

Leraf · 19-03-2019 4:11pm

Injunctions
Resulting trusts - presumption of advancement
Charitable trusts cy pres
Undue influence - rescission
Dmc and re rose and rule in strong v bird
Trustees

Anything I should add ?

laurar2019 · 19-03-2019 4:11pm

has SP ever come up in contract law ?

Yohnathan · 19-03-2019 4:11pm

keelfe1s wrote: »

Does anyone know can we print off Sale of Goods Act 1893 from Irish Statute book ?

You cannot. It is to prevent people adding in pages or editing the legislation etc.

Amanda226 · 19-03-2019 4:15pm

Does penalty clauses ever come up in problem questions or is it usually as essay? Thanks

laurar2019 · 19-03-2019 4:16pm

what are the qs that arise from remdies in Contract law in general ?

help a gal out x-0

LawGirl3434 · 19-03-2019 4:31pm

laurar2019 wrote: »

what are the qs that arise from remdies in Contract law in general ? help a gal out x-0

This is stressing me too! I saw people saying an essay on specific performance but can’t see it in any of the papers back to 2015 and have like no notes on it! I feel damages is the only one I’ve seen come up - remoteness types etc

Wonderstruck · 19-03-2019 4:39pm

LawGirl3434 wrote: »

This is stressing me too! I saw people saying an essay on specific performance but can’t see it in any of the papers back to 2015 and have like no notes on it! I feel damages is the only one I’ve seen come up - remoteness types etc

SP as an essay came up in April 2014 (the essay was whem is it an appropriate remedy)

ErinLP44 · 19-03-2019 5:30pm

Equity- specific performance is predicted to come up on the paper seemingly. Does anyone have any recent cases on specific performance that are essential to include also I am getting very confused with he distinction between contracts for services and contracts of services. Anyone care to explain??

Charles OCK · 19-03-2019 5:51pm

ErinLP44 wrote: »

Equity- specific performance is predicted to come up on the paper seemingly. Does anyone have any recent cases on specific performance that are essential to include also I am getting very confused with he distinction between contracts for services and contracts of services. Anyone care to explain??

I dont have any recent cases other than the ones provided in my manual.

Do you know if contracts requiring supervision fall under the provision of personal services or are they a separate concept?

ErinLP44 · 19-03-2019 5:59pm

this is what I am confused about

according to my notes I would say that contracts requiring supervision come into this category
mine say:

contracts for service- are those that require constant supervision
contracts of service - typical employment contracts (ie compelling someone to work for you if specific performance is granted)

and both of these presumably fall under the title of personal services. Im just a bit confused about which cases fall under each category and how to distinguish between the two. for example - the co-op v argyll stores case that involved an obligation to trade- is this a contract FOR services or OF (ie would it be one requiring supervision?)

ErinLP44 · 19-03-2019 5:59pm

Charles OCK wrote: »

I dont have any recent cases other than the ones provided in my manual.

Do you know if contracts requiring supervision fall under the provision of personal services or are they a separate concept?

this is what I am confused about

according to my notes I would say that contracts requiring supervision come into this category
mine say:

contracts for service- are those that require constant supervision
contracts of service - typical employment contracts (ie compelling someone to work for you if specific performance is granted)

and both of these presumably fall under the title of personal services. Im just a bit confused about which cases fall under each category and how to distinguish between the two. for example - the co-op v argyll stores case that involved an obligation to trade- is this a contract FOR services or OF (ie would it be one requiring supervision?)

nimcdona · 19-03-2019 6:04pm

for equity and charitable trusts, does anyone know if section 3 of the charities act 2009 has fully come into effect?

marc24 · 19-03-2019 6:19pm

nimcdona wrote: »

for equity and charitable trusts, does anyone know if section 3 of the charities act 2009 has fully come into effect?

Yes it came into effect in Oct 2014

Supreme!Fox · 19-03-2019 6:29pm

Re EU Law - In Competition Law, is there a difference between collective/joint dominance under Art 102 and concerted practices under Art 101?

holliek · 19-03-2019 6:55pm

marc24 wrote: »

Yes it came into effect in Oct 2014

The griffith sample answer to 2015 Oct q3 says it still hadn't come into effect yet..

Wonderstruck · 19-03-2019 7:10pm

holliek wrote: »

The griffith sample answer to 2015 Oct q3 says it still hadn't come into effect yet..

Those prep colleges.... I got the receipts bro

http://www.irishstatutebook.ie/eli/2014/si/457/made/en/print

sbbyrne · 19-03-2019 7:12pm

Wonderstruck wrote: »

Those prep colleges.... I got the receipts bro

http://www.irishstatutebook.ie/eli/2014/si/457/made/en/print

holliek wrote: »

The griffith sample answer to 2015 Oct q3 says it still hadn't come into effect yet..

tbh i think the sample answers are often copy and paste jobs, you'd see some essay questions referring to names as if in a problem question, so might be just a case of it being from an earlier question

Wonderstruck · 19-03-2019 7:17pm

sbbyrne wrote: »

tbh i think the sample answers are often copy and paste jobs, you'd see some essay questions referring to names as if in a problem question, so might be just a case of it being from an earlier question

Yeah I'd say so too!

i hope it comes up now for you!

Smiley283 · 19-03-2019 7:19pm

ErinLP44 wrote: »

this is what I am confused about

according to my notes I would say that contracts requiring supervision come into this category
mine say:

contracts for service- are those that require constant supervision
contracts of service - typical employment contracts (ie compelling someone to work for you if specific performance is granted)

and both of these presumably fall under the title of personal services. Im just a bit confused about which cases fall under each category and how to distinguish between the two. for example - the co-op v argyll stores case that involved an obligation to trade- is this a contract FOR services or OF (ie would it be one requiring supervision?)

My Griffith manual says they're two different concepts.

The cases that they have laid out in the section for contracts requiring supervision are

Posner v scott-lewis
Cooperative insurance society v Argyll stores
Wanze properties

nimcdona · 19-03-2019 7:27pm

marc24 wrote: »

Yes it came into effect in Oct 2014

Thank you!

nimcdona · 19-03-2019 7:28pm

holliek wrote: »

The griffith sample answer to 2015 Oct q3 says it still hadn't come into effect yet..

I saw that too, thats what confused me

sapphire309 · 19-03-2019 7:45pm

The topic of Sources of EU Law - is that just regulations, directives and decisions?

sbbyrne · 19-03-2019 7:52pm

I can't seem to get satisfaction into my head, i feel like i'm going in circles with it

anyone have any tips how to simplify it? At this stage i'm desperate

FE1 Exam Thread (Read 1st post!) NOTICE: YOU MAY SWAP EXAM GRIDS

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