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

The nerves have kicked in!

CiaraND16 wrote: »

Does anyone know what date the October exams are roughly? I need to book off work and when I rang the law school they said they were too busy to tell me so to email them but could take a week for a response ðŸ™႒

there was an earlier post that said that the person called the law society and was told October 6 to 15th. Hopefully we will find out on Friday, or next Monday!

LJones18 wrote: »

For Tort, Where something escapes from the land i understand this falls under Rylands and Fletcher? But if it is something escaping onto the neighbouring land over a period of time does this then fall under Private Nuisance instead?

Any tips for how to tell between the two?

I think it boils down to whether or not the thing escaping has been accumulated for non-natural use.
So for example, in Superquinn v Bray UDC, the accumulation of water in an artificial lake was seen as non-natural use and Rylands applied. Whereas water accumulated for plumbing and household use would be a natural use and so ordinary nuisance would apply as opposed to Rylands.

The day before an exam is sooooo grim

iamanengine wrote: »

The day before an exam is sooooo grim

Think this is bad, wait until the morning of an exam, special kind of hell awaits us lol.

It's going to be grand and if it's not, there is October, or March. This year students have been turned upside down on multiple occasions due to social circumstances. We still kept going. Grit is a more valuable skill then rote learning, both personally and professionally. We got this either way.

I'm at the cheerleader phase of my panic process, which could mean either denial or acceptance.

I'm at the point where I just want to sit it now, which is a good place to be. I'm jumping from normal pre game jitters and super confident, with no in between! Just keeping the fingers crossed for a straightforward paper and that I can safely answer 5 questions and I'll be over the moon with that.

Not looking forward to my usual bad sleep in a hotel bed, oh well!

Healyjhow wrote: »

In VL - when do you apply the simple test V the close connection test?

Close connection test is generally used where the employee commits a deliberate/intentional wrong. So it has been primarily used in the sexual abuses cases. The scope test is then used when the employee is doing his job and acting within parameters of authority delegated to him by the employer.

So in a problem q if the employee is in breach of policy or was deliberately told not to do something - apply the course/close connection test. If the employee was doing something he was meant to do but did negligently apply the scope test!

Hope this helps

Deleted User wrote: »

How would people tackle a general tort query q? Like last sitting asked discuss potential reform and the function of tort law?

maybe talk about the history of tort law and its functions then pick a few areas of it where reform is needed such as limitation of actions. for example in the report on limitations of action 2011 they said the legislation should be more simplified.

something along them lines..

lawgrad49 wrote: »

Could anyone provide an overview of some recent cases/development in the area of Damages? I have Morrissey v HSE (2020) that states General Damages are capped at 500k and there was also LRC proposals in Dec 2019 about capping General Damages.

I have a sample answer from a few years back and it really just lists the 5 categories of damages and some case law.

Or could anyone think of what angle the examiner might approach a Damages essay? Thanks!

Would you mind sharing the LRC proposals? I don't have anything for that

iamanengine wrote: »

Would you mind sharing the LRC proposals? I don't have anything for that

Yeah nb, I didn't read the whole thing just a few online articles. Here's one from MHC: https://www.mhc.ie/latest/insights/capping-damages-in-personal-injuries-actions-a-summary-of-the-law-reform-commissions-proposals

vid36 wrote: »

It should have been sent weeks ago. You also need it for the PPC1 or Hybrid application.Email the Law Society after this week.

Thanks for the reply, I emailed them at least 3 times now about it. Did you get yours?

I spoke to them last week on the phone and they tried to pass off not issuing letters as legitimate, they said we never told you that you would receive a letter. I feel like they are being really unfair, it's not much to ask to get a letter confirming I passed since I spent 2 years of my life studying for these exams. It's unreal how they treat fe1 candidates given that they are a professional body. I'm really going to look into complaining about them...... 3 months like come on get it together!!

I’d be grateful if someone could clarify the tests regarding Vicarious Liability. Are the course of employment test and the close connection test essentially the same thing? More broad than the scope of employment test which only covers express/implied delegated authority of the employee. Thanks in advance!

What essays are people predicting to come up on the Tort paper???

nmurphy1441 wrote: »

What essays are people predicting to come up on the Tort paper???

Looks like Damages is due and usually comes up as an essay. Would love a development of DOC essay too.

Thanks , much appreciated! So basically, Hoekstra held that uniformity would be undermined if each MS applied thier own definition for the term "worker" ?