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

EAA123 · 08-03-2020 12:17PM

Hi,

could anyone please give me some insight to the three certainties question in oct 17 q.3

the line at the end about "the ballygrange historical society residuary clause" . In my book the answer is done out in relation to non-purpose trusts but the rest of the question is in relation to three certs ??

Kellyg248 · 08-03-2020 12:18PM

Just wondering if anyone would have a link or the summary of Quinlivan v ODea?

...and many thanks to those who are posting. I'm new here and the information is priceless!!

Jeremiah25 · 08-03-2020 12:21PM

EAA123 wrote: »

Hi,

could anyone please give me some insight to the three certainties question in oct 17 q.3

the line at the end about "the ballygrange historical society residuary clause" . In my book the answer is done out in relation to non-purpose trusts but the rest of the question is in relation to three certs ??

You would have to discuss the difficulties regards the gift to an unincorporate entity, either leaving it on trust to the members of the assiciation or the contract holding theory.

I think that's the case requires but open to any correction!

EAA123 · 08-03-2020 12:24PM

Jeremiah25 wrote: »

You would have to discuss the difficulties regards the gift to an unincorporate entity, either leaving it on trust to the members of the assiciation or the contract holding theory.

I think that's the case requires but open to any correction!

Thank you.

Hopefully the three certs comes up as an essay rather than a problem

leavingcert17 · 08-03-2020 12:27PM

EAA123 wrote: »

Thank you.

Hopefully the three certs comes up as an essay rather than a problem

Same

jewels652 · 08-03-2020 12:36PM

Eu

For competition law what level of detail is required for the leniency programs part ? I have done the main sub heading under art 101 and just a short summary on leniency. Is that enough or should I know leniency well?

Tía

iamanengine · 08-03-2020 12:55PM

iamanengine wrote: »

Did someone say earlier that you don't need manifest disadvantage for presumed undue influence anymore or did I imagine that?

Or is that just in relation to banks once there is a non-commercial element?

Anyone?

EAA123 · 08-03-2020 12:59PM

iamanengine wrote: »

Anyone?

I think so

irish courts are more concerned with the substantial benefit obtained by the stronger party

why would a wife or whoever become a surety when it solely benefits the other person

mydogwentroof · 08-03-2020 01:00PM

Jeremiah25 wrote: »

Anything major missing from this lot?

3 C's, DMC, Mareva, UI, Charitable/Resulting/Secret Trusts, Estoppel, Tracing & Specific Performance?

Imposing a constructive trust on a 3rd party

supercreative · 08-03-2020 01:05PM

Contract

Does anyone know whether the provisions about services in s39 of the Sale of Goods and Supply of Services Act 1980 are conditions or warranties? The Act itself doesn't actually seem to say.

nmurphy1441 · 08-03-2020 01:11PM

supercreative wrote: »

Contract

Does anyone know whether the provisions about services in s39 of the Sale of Goods and Supply of Services Act 1980 are conditions or warranties? The Act itself doesn't actually seem to say.

As far as I know they can be both and they are implied by statute so that’s very significant for the consumer.

Jeremiah25 · 08-03-2020 01:25PM

Any company predictions/main topics my good people?

mydogwentroof · 08-03-2020 01:25PM

supercreative wrote: »

Contract

Does anyone know whether the provisions about services in s39 of the Sale of Goods and Supply of Services Act 1980 are conditions or warranties? The Act itself doesn't actually seem to say.

Conditions

Lawgrad101 · 08-03-2020 01:29PM

Would I be covered knowing :

Interlocutory Injunctions, Mareva Injunctions, Trustees Duties, Charitable Trusts and Cy Pres, Undue Influence, Prop Estoppel, Strong v Bird, The Presumption of Advancement, The Three Certainties, Doctrine of Satisfaction and Secret Trusts?

Any advice appreciated!

CMUL · 08-03-2020 01:54PM

nmurphy1441 wrote: »

Contract

Did discharge of contracts come up on the last sitting?

It came up as kind of a 3 part to discuss breach of contract for repudiation, anticipatory and innominate term.

CMUL · 08-03-2020 01:56PM

Lawgrad101 wrote: »

Would I be covered knowing :

Interlocutory Injunctions, Mareva Injunctions, Trustees Duties, Charitable Trusts and Cy Pres, Undue Influence, Prop Estoppel, Strong v Bird, The Presumption of Advancement, The Three Certainties, Doctrine of Satisfaction and Secret Trusts?

Any advice appreciated!

Strong v bird on last paper so doubtful it will reappear. She doesn't usually repeat the part qs.

Caroline Hamblyn · 08-03-2020 01:57PM

Thanks reya I'll mail you my email address now. Thanks

lawgrad15 · 08-03-2020 01:59PM

nmurphy1441 wrote: »

As far as I know they can be both and they are implied by statute so that’s very significant for the consumer.

That's correct - can be conditions or warranties i.e. are akin to an innominate term

CiaranS93 · 08-03-2020 02:08PM

iamanengine wrote: »

Anyone?

Yes some clarified earlier.

Manifest disadvantage is used by English courts. Ireland is based off substantial benefit and independent legal advice

CiaranS93 · 08-03-2020 02:09PM

Lawgrad101 wrote: »

Would I be covered knowing :

Interlocutory Injunctions, Mareva Injunctions, Trustees Duties, Charitable Trusts and Cy Pres, Undue Influence, Prop Estoppel, Strong v Bird, The Presumption of Advancement, The Three Certainties, Doctrine of Satisfaction and Secret Trusts?

Any advice appreciated!

Donatia Morris causa is a pretty regular feature

iamanengine · 08-03-2020 02:14PM

It almost takes me as long to cover Injunctions and SP as it does the rest of the course!! (minus charitable)

mydogwentroof · 08-03-2020 02:26PM

iamanengine wrote: »

It almost takes me as long to cover Injunctions and SP as it does the rest of the course!! (minus charitable)

She's thick

user115 · 08-03-2020 03:27PM

Does power of trustees come up much? I don't really have any cases on it

Focusing on removal and duties

Reya10 · 08-03-2020 03:28PM

Was satisfaction on the paper in March 19?

Haven't covered it it at all but wondering if I should now as it seems to be due up for the note from what people are saying?

If anyone could give me the list of topics that came up March 19 I'd be so grateful

nmurphy1441 · 08-03-2020 03:37PM

user115 wrote: »

Does power of trustees come up much? I don't really have any cases on it

Focusing on removal and duties

Trusteeships comes up often enough so I’d cover it! As far as I can remember, there’s not much case law but you need to know the legislation that governs it!

EmmaO94 · 08-03-2020 03:41PM

Equity

Re DMCs - does King v Dubrey effectively overturn Vallee v Birchwood? Is Vallee v Birchwood useless now?! Thanks

Lawgrad101 · 08-03-2020 03:53PM

Reya10 wrote: »

Was satisfaction on the paper in March 19?

Haven't covered it it at all but wondering if I should now as it seems to be due up for the note from what people are saying?

If anyone could give me the list of topics that came up March 19 I'd be so grateful

From my notes Satisfaction was up then.

March 2019:

Problem Qs- Trustees Duties, Quia Timet Injs, DMC, Specific Performance with Rectification, Resulting Trusts (Joint Accounts)

Essays- Undue Influence, Constructive Trusts, Presumption of Advancement (part

, Purpose Trusts (part A), Charitable Trusts (part C) and Satisfaction (part D)

iamanengine · 08-03-2020 03:55PM

EmmaO94 wrote: »

Equity

Re DMCs - does King v Dubrey effectively overturn Vallee v Birchwood? Is Vallee v Birchwood useless now?! Thanks

I didn't have King v Dubrey so I looked it up, looks like it was overturned by the Court of Appeal in King v Chiltern Dog Rescue

Reya10 · 08-03-2020 04:03PM

iamanengine wrote: »

I didn't have King v Dubrey so I looked it up, looks like it was overturned by the Court of Appeal in King v Chiltern Dog Rescue

King v Dubrey originally followed Vallee. Then Court of Appeal in King overturned it and said Vallee was wrongly decided. (King v Chiltern Dog rescue is the appeal of King v Dubrey)

So now it's clear courts must exercise 'considerable caution' in granting DMCs. Vallee was very broad as it upheld DMC that was made 4-5 months before death, and in King v Dubrey it was 4-6 months and the testator had not even been in bad health/dying of anythihg, she was just old.

Law has now backtracked- It now seems to be very unlikely that courts will uphold DMCs unless contemplated death is imminent (like in other cases before Vallee where DMCs were upheld it had only been days between gift and death) + other requirements as set out in Re Beaumont/Re Wasserberg

iamanengine · 08-03-2020 04:06PM

Reya10 wrote: »

King v Dubrey originally followed Vallee. Then Court of Appeal in King overturned it and said Vallee was wrongly decided. (King v Chiltern Dog rescue is the appeal of King v Dubrey)

So now it's clear courts must exercise 'considerable caution' in granting DMCs. Vallee was very broad as it upheld DMC that was made 4-5 months before death, and in King v Dubrey it was 4-6 months and the testator had not even been in bad health/dying of anythihg, she was just old.

Law has now backtracked- It now seems to be very unlikely that courts will uphold DMCs unless contemplated death is imminent (like in other cases before Vallee where DMCs were upheld it had only been days between gift and death) + other requirements as set out in Re Beaumont/Re Wasserberg

Nice one thank you, saves me having to research it

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

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