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

supercreative · 27-09-2019 10:27AM

holliek wrote: »

I'm the same, I've covered enough topics but find myself confused by what is being asked in some of the questions, mostly the problem q's

Same here, I've covered pretty much everything but I genuinely have no clue how to approach some of these questions, particularly the causation ones.

holliek · 27-09-2019 10:34AM

supercreative wrote: »

Same here, I've covered pretty much everything but I genuinely have no clue how to approach some of these questions, particularly the causation ones.

Only thing in our favour is that we are due a nice paper due to the paper from the last sitting. However I feel I can't depend on hoping for a nice paper. I'm just praying the questions are nice and approachable.

GF612 · 27-09-2019 12:25PM

HappyKitten62 wrote: »

*COMPANY LAW*

Hi guys just wondering if I would be covered with these topics:

Intro - DACS v LTDs
Company Formation
Corporate Veil
Authority of Corp Agents & Capacity
Duties & Reckless/Fraudulent Trading
Restriction & Disqualification
Share Transfer
SH Protection & Remedies
Corp Borrowing
Receivership
Distribution of Corporate Assets on a Winding Up
+ Winding Up

Thanks!

Thats basically what I have covered too.

I left out Intro DACs v LTDs, Formation and Reckless & Fraudulent Trading, but added in Winding Up.

DUMSURFER · 27-09-2019 01:38PM

What are people's predictions for Tort?

And I'm sorry to be asking again but does anyone have the Spring Exam for Tort & an up-to-date grid?

LawGirl3434 · 27-09-2019 02:18PM

Company:

Can anyone explain to me what exactly a s31 contract is, would it come into a Q on foss v harbottle or something else entirely? Also the relationship with shareholders agreements and special contracts?

Thanks!

FE!student · 27-09-2019 02:18PM

There are a lot of cases listed in the Constitutional Night Before Notes that are not in my Manual and vice versa, and I'm concerned that I could be missing relevant cases. My manual is 2019. The Family and Education chapter is one example where literally half the cases listed are not in my manual. Has anyone else looked at the Constitutional NB notes yet?

sbbyrne · 27-09-2019 02:24PM

Property

I read somewhere that a witness to a will doesnt have to be over 18, but i feel like there's contradictions in the sample answers, can anyone clarify this pretty please?

Thanks!

Daly29 · 27-09-2019 02:29PM

FE!student wrote: »

There are a lot of cases listed in the Constitutional Night Before Notes that are not in my Manual and vice versa, and I'm concerned that I could be missing relevant cases. My manual is 2019. The Family and Education chapter is one example where literally half the cases listed are not in my manual. Has anyone else looked at the Constitutional NB notes yet?

Thank you for the heads up. I'll be getting to Constitutional tomorrow and will cross check. Think Constitutional is more evolving than others. The examiner will like to see up to date cases. My 2018 manual reads more like a 2015 one. If the cases are older and cover the same point not a big deal having different ones but probably best to have the most recent major case. Sorry, will only get a feel for differences tomorrow/Sunday

GF612 · 27-09-2019 02:29PM

LawGirl3434 wrote: »

Company:

Can anyone explain to me what exactly a s31 contract is, would it come into a Q on foss v harbottle or something else entirely? Also the relationship with shareholders agreements and special contracts?

Thanks!

I only have a brief understanding of it for the purpose of including with Foss v Harbottle etc.

"S.31 Contract" refers to the fact that when the company is incorporated, that company and its subscribers have, in essence, entered into a binding contract with one another. In that "Contract" (the company's Constitution) there will be rights afforded to the members. Those "s.31 Rights" will not be affected by the rule in Foss v. Harbottle and the members may litigate any issues arising in respect of them.

I have one case on the issue:
Eley v. PGS Life Assurance (1875)
Facts: Solicitor was a member of the company. He was also employed by the company. The Company dismissed him. He sought to rely on a right in the Memo & Arts to prevent his dismissal.
HELD: Where a member seeks to rely on their personal contractual rights (now per s.31) they may only do so in the capacity of a member. He was doing so in his professional capacity and was thus not able to bring the action.

That's my understanding anyway - open to correction though

CiaraND16 · 27-09-2019 02:37PM

Probably a stupid question but can you use multiple different colour highlighters for the legislation?

LawGirl3434 · 27-09-2019 02:40PM

GF612 wrote: »

I only have a brief understanding of it for the purpose of including with Foss v Harbottle etc.

"S.31 Contract" refers to the fact that when the company is incorporated, that company and its subscribers have, in essence, entered into a binding contract with one another. In that "Contract" (the company's Constitution) there will be rights afforded to the members. Those "s.31 Rights" will not be affected by the rule in Foss v. Harbottle and the members may litigate any issues arising in respect of them.

I have one case on the issue:
Eley v. PGS Life Assurance (1875)
Facts: Solicitor was a member of the company. He was also employed by the company. The Company dismissed him. He sought to rely on a right in the Memo & Arts to prevent his dismissal.
HELD: Where a member seeks to rely on their personal contractual rights (now per s.31) they may only do so in the capacity of a member. He was doing so in his professional capacity and was thus not able to bring the action.

That's my understanding anyway - open to correction though

Thank you so much!

sbbyrne · 27-09-2019 02:41PM

CiaraND16 wrote: »

Probably a stupid question but can you use multiple different colour highlighters for the legislation?

Yeah you can

Supermax1988 · 27-09-2019 02:41PM

sbbyrne wrote: »

Property

I read somewhere that a witness to a will doesnt have to be over 18, but i feel like there's contradictions in the sample answers, can anyone clarify this pretty please?

Thanks!

Doesn't have to be 18 but has to be competent is what my notes say. Can't remember the case but will post it once I'm back at my desk.

sbbyrne · 27-09-2019 02:51PM

Supermax1988 wrote: »

Doesn't have to be 18 but has to be competent is what my notes say. Can't remember the case but will post it once I'm back at my desk.

Thanks a mill, much appreciated!

Supermax1988 · 27-09-2019 03:16PM

sbbyrne wrote: »

Thanks a mill, much appreciated!

Ok turns out they don't need to be 18 or competent for that matter.

According to my manual, in Smith v Thompson (1931) there was attestation by an infant. Therefore no requirements regarding competence e.g. age or intelligence. As per section 81 of the Succession Act, if a witness is at the time of execution or some time afterwards incompetent to be admitted to prove execution of the will then the will "shall not on that account be invalid."

Hope that helps!

sbbyrne · 27-09-2019 04:16PM

Supermax1988 wrote: »

Ok turns out they don't need to be 18 or competent for that matter.

According to my manual, in Smith v Thompson (1931) there was attestation by an infant. Therefore no requirements regarding competence e.g. age or intelligence. As per section 81 of the Succession Act, if a witness is at the time of execution or some time afterwards incompetent to be admitted to prove execution of the will then the will "shall not on that account be invalid."

Hope that helps!

Star, thank you!

Wonderstruck · 27-09-2019 04:42PM

Daly29 wrote: »

REAL PROPERTY
Land and Conveyancing Law Reform Act 2009
Succession Act, 1965

Don't believe you are allowed to bring the memo with it. Someone correct me if im wrong.

https://www.lawsociety.ie/globalassets/documents/education/fe-1/legislativesources.pdf

You can't bring it in, they'll just hand it back if you give them the memo too

Source: just gave them a pile of legislation and they gave me the memo back

Agree with everyone in Tort my head is swimming! :pac: I keep saying everything is concurrent wrongdoers

LeVaterIzVet · 27-09-2019 04:43PM

Does any kind soul have a sample answer for the Family Home PQ from October 2018?

supercreative · 27-09-2019 05:08PM

Is your exam number (the one you have to put on all the statutes etc) your candidate number or your ID number? My letter from the Law Society has both and I'm not sure

iamanengine · 27-09-2019 05:09PM

supercreative wrote: »

Is your exam number (the one you have to put on all the statutes etc) your candidate number or your ID number? My letter from the Law Society has both and I'm not sure

Candidate No

sbbyrne · 27-09-2019 05:32PM

No.

There's an ID number and a candidate number. If you've sat the exam before its same as always and is located on the letter just underneath the date of the letter.

The candidate number then is your 3 digit one. It's the one that will be on your desk and the one you write on any legislation you're bringing into the exam hall.

Insta92 · 27-09-2019 07:32PM

For Landlord and Tenant Law, what parts of the topic are you all focusing on? My lecturer advised that leases v licenses is never examined so will be omitting same.

iamanengine · 27-09-2019 07:39PM

Insta92 wrote: »

For Landlord and Tenant Law, what parts of the topic are you all focusing on? My lecturer advised that leases v licenses is never examined so will be omitting same.

I'm only covering the Residential Tenancies Act and the 2019 Amendment.

I read that only the RTA or one other section have come up in the last number of years. Can't remember what the other section was though sorry!

Insta92 · 27-09-2019 08:55PM

iamanengine wrote: »

I'm only covering the Residential Tenancies Act and the 2019 Amendment.

I read that only the RTA or one other section have come up in the last number of years. Can't remember what the other section was though sorry!

Thank you. Other part you’re referring to appears to be the rights of the landlord vs tenant regarding changes in user.

user115 · 27-09-2019 11:45PM

Tort
Do defenses in tort come up much? I'm only really covering the ones specific to certain topics, like absolute/qualified privilege to defamation.

Is it important to know general defenses for tort?

Really wish this exam was just an mcq...so stressful trying to remember and learn off so much

Freckley201 · 28-09-2019 01:33AM

I wouldn't leave out the general defences. Even if it doesn't come up as its own question it can be used in multiple problem questions so can be a handy one for marks.

HappyKitten62 · 28-09-2019 08:46AM

Am I completely screwed?

I had all notes done a few weeks ago and have been trying to cram since. I have a handful of topics left in each subject to cram. I’ve looked at a few papers but keep putting it off because it’s time consuming and I feel like I should be memorising.

My first exam is Company. I’ve gone over the topics once and plan on doing a recap this weekend. But then it’s criminal equity and Eu and I don’t know how that’s going to work out....

Feeling panicked and discouraged.

sbbyrne · 28-09-2019 09:33AM

HappyKitten62 wrote: »

Am I completely screwed?

I had all notes done a few weeks ago and have been trying to cram since. I have a handful of topics left in each subject to cram. I’ve looked at a few papers but keep putting it off because it’s time consuming and I feel like I should be memorising.

My first exam is Company. I’ve gone over the topics once and plan on doing a recap this weekend. But then it’s criminal equity and Eu and I don’t know how that’s going to work out....

Feeling panicked and discouraged.

Heya, I know this feeling well! Especially the avoiding exam papers part. But honestly (maybe this is only for me) the exam papers are the best way to memorise because you start recognising where the cases fit in around a question. bite the bullet and have a look at papers with your notes open beside you. Then try another question and another and soon you'll be able to put your notes away and the questions and words in the qs will be memory joggers!

You've gotten this far, you can keep going don't give up! Trust that the knowledge is going somewhere. Have a cup of tea, take a deep breath and go again! keep calm

supercreative · 28-09-2019 09:45AM

Anyone have any predictions for the Tort paper? Hoping for passing off and defamation as they tend to be relatively straightforward, he asked a couple of more conceptual questions on the Spring 2019 paper so fingers crossed we get a few less of those!

HappyKitten62 · 28-09-2019 09:52AM

sbbyrne wrote: »

Heya, I know this feeling well! Especially the avoiding exam papers part. But honestly (maybe this is only for me) the exam papers are the best way to memorise because you start recognising where the cases fit in around a question. bite the bullet and have a look at papers with your notes open beside you. Then try another question and another and soon you'll be able to put your notes away and the questions and words in the qs will be memory joggers!

You've gotten this far, you can keep going don't give up! Trust that the knowledge is going somewhere. Have a cup of tea, take a deep breath and go again! keep calm

You’re so so lovely. Thank you so much for this.

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

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