awsah wrote: » So they come into force in 2021 but for a new easment post 2009 the timer starts then, anyone prior to 2009 the timer is still running as once they reach this dec they will have caught up to then12 year rule, otherwise the clock for them would have started at zero. It will be interesting to see if a question arises where the scenario is based in jan 2022 or something like that!
NewFe1 wrote: » Just with regards contract, I felt the exam was a bit of a disgrace tbh. We're in the middle of a global pandemic, you should be making the exam slightly easier, not way harder. Changing from the normal 4 essay/4 problem question format to 1 essay/7 problem question format is a really unfair thing to do. Even looking at Novembers examiners report, it states "We noted that many candidates were able to write very long and detailed answers given that they could type and had extra time allowances". This suggests that the examiner believes students had some sort of advantage when in reality it's the complete opposite. When I read that examiners report it gave me the impression that the examiner thought those who sat it online in November had an easier time than those who had sat it in person and, as a result, she tried to make this exam much more challenging. Maybe I'm wrong but I felt the contract examiner was out of line with today's exam.
ruby1998 wrote: » If scenario was based on 2022 how would you approach that? apply post 2009 rules only? My head is melted f*** off easements
awsah wrote: » So of they are in 2022 you need to see when did the easment begin, if it was 2008 then the time has lapsed, if it is 2015 then it hasn't But it will be interesting because if the easment started in 2002 then someone might say in their answer that it was pre 2009 so the 20 year limited applies. That is incorrect. The 20 year time limit applies right now up until Enforcement of the new act in dec where everyone is on a 12 year time limit Hope that makes sense
Paraeagle wrote: » I was raging too. I didn’t leave out any part of the course when I was studying but, as I intended on doing 3 or 4 essay Qs, my study was adapted for that purpose. I spent a long time looking at areas of reform, comparisons with other jurisdictions, academic commentary etc in preparation for the essays which was all completely useless to me today. Now I feel that time would have been much better spent just practising more problem questions. I also find PQs take so much longer to work through and write. This is where essays can come in handy to eek back a bit of time. At least everyone is in the same boat I guess? I wonder is there some underlying assumption that for an online exam, it’s harder to cheat for PQs than it would be for essay Qs. Purely speculation of course.
ruby1998 wrote: » Thanks for that, think I'll have to hope for an easement essay or to avoid it altogether tbh lol
awsah wrote: » Things to know for easment questions 1. Apply the characteristics of an easement set out in re Ellenborough Park to the question - are we dealing with an easement (most likely yes!) 2. Go through these 4 points,back up with one or two case law for each 3. 3 ways of acquisition of an easement A. It was reserved when the dominant tenant sold the servant land,or if not expressly reserved it was implied through necessity. B. It was granted by the servant tenement or implied through necessity C. Obtained through prescription either through the doctrine of lost modern grant or the pre/post dec 2009 time limits. 4. Have some examples of case law where easements were created and know that the courts are slow to create new easments other than the ones already in the case law.
ruby1998 wrote: » Omg thanks so much for writing that out really appreciate that! Will just try to go down through the steps and apply it to the facts as best I can even if I come to a horribly wrong conclusion.
eLawGirl wrote: » I thought it was a very tone deaf move on her behalf tbh. The more I thought about it today the more angry I got. Granted it would have been a bit of a 'shock' during any exam period but during a pandemic where we are forced to sit the exams at home using really cheap software it takes audacity or pure ignorance. I know many of us have been kicked out of exams multiple times, I find when I go to delete a letter or word it goes and deletes a sentence or when I'm typing away and look up the system is always 5-6 words behind me. You can't even see the question when you're typing your answer in the little box, this boards reply box is bigger than the exam one !! Personally I was typing until the last second and didn't even get to check my answers, I know a lot of people were the same. Shocked about that examiner report I didn't notice that at all, maybe it shows the examiners have no idea about the problems people are having.
FE1Hopefully1 wrote: » Also good luck to everyone sitting exams over the coming days !! I sat two this sitting (hopefully last two but not too confident so most likely will be back here panicking in a few months) It’ll all work out in the end !!
Fe10000 wrote: » TORT - focused mainly on company coming up to exams and am stuck for time, struggling to memorise DOC/causation now. Is it unreasonable to focus more on all the smaller topics and try to avoid negligence or would this be a fatal mistake?
FE1new wrote: » It was very off-putting. I find PQ questions tricky and take a long time. Having 7 on the one paper was daunting. The smallest piece of information can change what advice you give people. I'm drained after today and worrying now about how I did.
tommytimber wrote: » UCC vESB Was the flooding deemed an act of God in this case does anyone know?
murray132 wrote: » EU Is it safe to leave capital out of FMOP? And just cover workers, services and establishment!
Fe1user5555 wrote: » Does anyone know what the contract marker is like?