Hi all, I hope study is going good! I was wondering does anyone have sample answers for contract and constitutional law from 2020 to 2022 please? Thank you in advance
I'd recommend covering it. very easy to learn.
Are people covering "passing off" for tort?
updated exam grid for company
has anyone got one for constitutional
what are people covering for Equity?
Hi guys, probably a stupid question about company law:
For exceptions to the rule in Foss and Harbottle, you have derivative actions and the five exceptions (eg illegality, fraud on the minority). Does anyone know are they completely separate - ie. you can take a derivative action or go for one of the exceptions, or is it that you need one of the exceptions to bring a derivative action?
Thanks!
What are people covering for Constitutional?
Hi,
Just wondering what topics people are covering for Tort & Contract?
how far back would people recommend going for the company law papers?
If anyone is looking to get their foot in the door in one of the big firms, there’s a great paralegal opportunity that I can refer you for. Feel free to shoot me a DM
See Qs below! I've been trying to find the Qs for the last Tort paper if anyone has them. Also, when are the examiner reports out?
----
Company Law FE1 Exam March 2022:
QUESTION ONE “A statutory predecessor of section 31 of the Companies Act 2014 has been described as giving rise to a statutory contract of the most sacred character.” You are required to discuss this statement, explaining the nature and effect of section 31 of the Companies Act 2014. In your answer, you must cite all relevant case and statute law.
QUESTION TWO Harry is an insolvency practitioner and was recently appointed by Big Bank plc (the “Bank”) to be receiver to Totally PC Coffee Limited (the “Company”) on foot of a debenture the Company had given to the Bank to secure its borrowings. The Bank is owed over €2,000,000 by the Company and the Company’s principal asset is a unit in an industrial estate in North County Dublin where it mixes, packages and distributes coffee beans sourced from a fair-trade plantation in Brazil. The unit was acquired by the Company for €2,500,000 in 2007. Harry believes that the premises is currently worth in the region of €1,500,000 and has a firm offer for that amount. There is another interested party who has said to Harry that he might be prepared to offer €1,900,000 in another three months when he can raise the cash. Harry is also receiving telephone calls on a daily basis from Richard, the managing director and sole shareholder in the Company asking Harry to make sure he gets the best price for the property. Harry is aware that Richard gave a personal guarantee to the Bank and is aware that if there is a shortfall between the price received for the property and the amount owing to the Bank, he as guarantor will be liable in that amount. You are required to advise Harry on his duties as a receiver having particular regard to the duties owed to the Company and whether he owes any separate duties to a guarantor. In your answer, you are required to cite all relevant case and statute law.
QUESTION THREE “Section 158(1) of the Companies Act 2014 has replaced Regulation 80 of Part 1 of Table A to the Companies Act 1963 as the cornerstone of corporate governance.” You are required to discuss this statement, and in answering this question you must cite all relevant case and statute law in support of your answer.
QUESTION FOUR Paul is a director of Cars4All Limited (the “Company”) which operates a car sales business in South County Dublin. Paul is not a shareholder in the Company which is owned by a family consortium headed-up by Simon although Paul has worked in the Company for 10 years; first as a car salesman before being promoted on a number of occasions until finally being appointed a director of the Company with responsibility for sales. There are three other directors (all family members, making four directors in total). Simon, the majority shareholder and Managing Director of the Company approaches you for advice. It has come to his knowledge that Paul has been “double-jobbing” for the last two years selling second-hand cars through a website fronted by his wife, Jackie. Specifically, Simon has heard that: Jackie has been buying cars from Paul that were traded in-to the Company at a discounted price before they sell them on for a significant profit on their website; and Paul has been using the Company’s garage-workshop to service the cars late at night and on Sundays when the garage-workshop is closed. He has used spare parts belonging to the Company but has not reimbursed the Company for these. You are required to advise Simon on the following: (a) whether you believe there have been any breaches of the duties owed to the Company by its director, Paul, under Part 5 of the Companies Act 2014; and (b) the remedies that are available to the Company arising from any breach of duties In your answer you must cite all relevant case and statute law and attempt to apply these to the facts provided above
QUESTION FIVE Irish Books Limited (the “Company”) is an on-line wine shop operating from an industrial estate in West Dublin. The Company has a term loan and overdraft from Big Bank plc (the “Bank”) secured by a mortgage debenture incorporating a first charge over its premises. Its borrowings are also secured by a separate fixed charge over its book debts. Book debts are paid into a separate account which the Bank can freeze at its discretion. Both charges were created in 2016. Due to poor turnover, the Company stopped repaying its loans to the Bank which then appointed a receiver. Last month the directors placed the Company into creditors’ voluntary liquidation. Following his appointment, the Company’s liquidator inspected the security which the Bank holds for its loans to the Company. The liquidator tells you that: (a) through an oversight, the mortgage debenture in favour of the Bank comprising the fixed charge over its premises which contained the power to appoint the receiver was not registered in the Companies Registration Office under section 409 of the Companies Act 2014; and (b) the charge over the book debts was registered under section 409; however, the charge created over a bank account into which book debts was paid was not registered under section 409 and the liquidator tells you that the Revenue Commissioners are claiming priority of the amounts due to them ahead of the sum due to the Bank. You are required to advise the liquidator on the enforceability of the security described in (a) and (b) which must be clearly distinguished in your answer as both parts carry equal marks. In your answer you must cite all relevant case and statute law.
QUESTION SIX Bob’s Burger Bars Limited (the “Company”) operates a mobile burger business which has six vans on the road, selling burgers and other fast food at events in the greater Dublin region. It owns a premises on the Long Mile Road in Dublin where it pre-prepares some food and stores ingredients etc. The Company employs 15 people and has been in business for some 10 years. The Company’s sole shareholder and sole director, Bob, was contacted by the Company’s bank this morning and was informed that it was freezing the Company’s accounts because it had learned that the Company had been struck off the register almost a year ago and had been dissolved. Bob contacts you in a panic, and admits that he may have been remiss in arranging for the filing of the Company's annual return and financial statements. You are required to advise Bob on: (a) How the company came to be struck off the register and how it can be restored to the register; and (b) What are the legal consequences of the company being struck off the register and of the Company being restored to the register. In your answer, you must cite all relevant case and statute law.
QUESTION SEVEN “Following the enactment of the Companies Act 2014, the doctrine of ultra vires has been abolished for LTDs, to which Parts 2 to 15 applies, but remains in place for DACs, PLCs, CLGs and UCs”. You are required to discuss and explain this statement. In your answer you must cite all relevant case and statute law
QUESTION EIGHT “While a creditor of a company is entitled ex debito justiciae to a winding-up order, the remedy of winding up is a discretionary remedy and is not available in cases of disputed debts”. You are required to discuss this statement citing all relevant case and statute law in your answer.
Thanks a mill :) Really appreciate that!
Does anyone know what came up in the last company sitting? After trawling through this thread I still can't figure out what came up. If anyone has a completely up to date exam grid (incl. March 2022) I have other materials!
Yeah I sat that paper and off the top of my head - 1) rule in Hastings bass, rule in strong v bird. 2) There was an essay q on Quia timet injunctions. 3) A Proprietary estoppel PQ. 4) A DMC essay. 5) A Charitable trusts PQ, and 6) a Doctrine of Cy-pres PQ. I can't remember the other 2 qs, but I hope this helps!
Does anybody have/know what came up on the most recent equity exam in Spring 2022?
Yes i have up to date material for equity! Happy to swap for contract and eu
Thanks for that! His examiner reports are great to be fair! I'd imagine like all the other FE-1s he doesn't expect you to mention all the cases he lists in his reports? But more so that these are the ones you need to focus on?
its all about the examiner reports for company as his questions are repetitive but he has specific cases etc he wants mentioned.
i have his book and found i was able to do up my sample answers alot quicker than looking at my manual as everything he is looking for is in his manual.
also section 31 there is like a paragraph in most manuals yet its like a full section in his book. This often comes up as an essay q.
i have all up to date equity material sitting it myself in October, doing a course.
would be happy to swap for eu and contract material as sitting them aswell
Hey,
This was the exact circumstance that I had last year, i.e. working full time and sat contract and EU. I suppose it's different for everyone but I think this is definitely manageable if you work consistently and maybe take some leave a week/10 days before the exams start. I don't think either are the hardest FE1s out of them all and if you studied them at bachelor level then the you'll find the material pretty intuitive. Happy to DM and send on notes/advice if you want but in general, I think it's definitely doable!
Hey guys- I need advice!
I'm working full time and planning on sitting Contract and EU- do I have time? Unsure whether I should just try concentrating on one or give two a go!
Planning on starting study this weekend
anyone selling a Companies Act?
Hi guys, would anyone have up to date exam grids and papers/reports for equity? I have an 2022 manual but could really know what topics come up repeatedly so I could condense down my study. Happy to share materials on EU and Contract which I passed recently in exchange! Thanks
Hi guys,
For company, the manual seems to leave out quotes from Courtney's book. Should I get my hand on the book to include quotes or what would people recommend? It just seems from previous comments that he likes people using his book. Thanks!!
I submitted a late application last year. Definitely worth a try. Applications seem to close a bit early this year
Still for sale
Does anyone have any experience with late applications for FE1s? Does the Law Society accept them usually ??
Heyo, I would recommend looking up some of the key changes that were brought in by the act. It codified a lot of the previous decisions re: standard of disclosure (i.e. Kelleher decision etc) and abolished the basis of contract clause. A compare and contrast question (i.e. pre-act and post-commencement) hasn't been asked so far but there is always a possibility of it being asked, it's relatively straightforward and would be a lovely question to answer if it did come up. Some of the more recent manuals cover it so, if you want, I can send you some photos of the relevant pages.
Bit niche so appreciate any help – for Contract, does anyone know if the Consumer Insurance Contracts Act 2019 had been/likely to be examined? Covering misrepresentation atm from a 2021 manual and don't know if anything has changed re standard of disclosure, basis of contract etc. Should I just skip this section altogether if the Act has abolished some of these issues?
Really easy to condense down:-
EU INSTITUTIONS
SOURCE OF LAW/ FR RIGHTS
DIRECT/INDIRECT EFFECT
MEMBER STATE LIABILITY
FREE MOVEMENT OF GOODS
FREE MOVEMENT OF WORKERS
EU CITIZENSHIP
JUDICIAL REVIEW
In the exam i answered a Q on Institutions, FR, Judicial review, FMOG and Direct/Indirect Effect/ MS liability.
