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

LeVaterIzVet · 21-09-2019 1:22pm

Has anyone sitting contract law come across any questions where Section 4 of the Sale of Goods Act was relevant? I've come across it in examiner reports but not in my manual. Why mightn't an agreement be enforceable under S.4?

JCormac · 21-09-2019 1:31pm

LawGirl3434 wrote: »

What are people cutting for company?

It’s so huge but equally so hard to predict! Cutting examinership, disqualification (keeping restriction) and ultra vires as was just up. Anyone anything else?

Cutting Examinership and UV too, along with Capital Maintenance and Legislative control of transactions betw/ Directors and company.

You're right - It's just so voluminous not to mention that a lot of the chapters are similar and easy to confuse.

Absolutely dreading this one

JohnsKite · 21-09-2019 2:33pm

Has anyone any advise on narrowing down landlord and tenant to exam relevant stuff, because its huge? like am I safe leaving out licence/lease distinctions, covenants, alienation, etc. I feel like I should focus on 'part 4'/termination/notice/RTA04-19, but what else might come up?

LawGirl3434 · 21-09-2019 3:27pm

JCormac wrote: »

Cutting Examinership and UV too, along with Capital Maintenance and Legislative control of transactions betw/ Directors and company.

You're right - It's just so voluminous not to mention that a lot of the chapters are similar and easy to confuse.

Absolutely dreading this one

Same, but to be fair last paper was a stinker and pass rate dropped significantly as a reflection of that - so we should be due something kinder

lawyersuffolk · 21-09-2019 3:44pm

Thinking of leaving out freedom of services + establishment because i am so low on time or should i definitely cover it? if so, would anyone have notes? Can swap for any other topic in EU, Contract, Criminal, Property or Equity!

Louis Litt · 21-09-2019 7:02pm

COMPANY

Can anyone please clarify charges for me.

Upon crystallisation of a floating charge, does that now fixed charge automatically jump ahead of preferential creditors? Or is it still deemed as a floating charge in terms if priority, just now the companys is restricted in dealing with the assets that were under the floating charge?

Thanks

DUMSURFER · 21-09-2019 7:20pm

LawGirl3434 wrote: »

Company

Could anyone help me out with understanding priority on winding up? In my notes, I have that it goes:

Liquidator Costs, Preferential Credits, Fixed over Book Debts, Floating, Unsecured

Just wondering where do regular fixed charges fit in? Also, if revenue are a preferential creditor (s612), why do they need to register under s1001 TCA 1997 in order to gain priority over fixed charges by book debts? Also when a floating crystallises, does that bump it up the list?

Feel like I'm missing something fundamental so would be grateful for any light to be shed

Hope this is right and clarifies things but this is the basic break down I have as the first thing in my notes to keep it clear for me. Any input to contrary is welcome.

Priorities on Liquidation
1. Secured Creditors – Fixed Charge Holders.
2. Preferential Creditors (include Revenue & Employees).
3. Floating Charge Holders.
4. Unsecured Creditors.
5. Residual Claimants (i.e. Shareholders entitled to residual share of the company).

Edit: Obviously then just to avoid potential confusion, with Retention of Title, if you retain legal title, your goods don't get sucked up into the liquidation so that takes ultimate priority but personally I keep ROT separate just to keep it simple.

2nd Edit: "Also when a floating crystallises, does that bump it up the list?" - No. Preferential creditors will rank in priority to those with charges created originally as floating charges, irrespective of whether they are crystallised into fixed charges later.

Wonderstruck · 21-09-2019 7:50pm

Beyond stupid question, but I presume it's okay to tab Blackstone with those clear sticky notes things (can you tell I've never tabbed anything in my life?)

DUMSURFER · 21-09-2019 8:13pm

Wonderstruck wrote: »

Beyond stupid question, but I presume it's okay to tab Blackstone with those clear sticky notes things (can you tell I've never tabbed anything in my life?)

Not stupid at all, I spent a couple of days trying to find out what exactly was the story. Here's what I got from Law Society themselves and requirements they have regarding bringing legislation into the exam. This applies to any legislation for all the exams you can bring legislation into.

1. Candidates may only bring into the examinations the original, unmarked (except for highlighting and underlining) publications. Photocopies or copies printed from the internet are not acceptable.

2. The legislative sources must be handed in for checking by the invigilators at least one day prior to the day of the examination during which the sources will be used. The legislative sources can be handed in between 9.00 a.m. and 1.00 p.m. on each examination day to the Examination Reception Desk. Please note that staff at the Red Cow cannot accept or store such materials.

3. Any item submitted for checking must be clearly marked with the candidate’s examination number.

Hope this will be helpful to someone because I sure as hell would have been screwed otherwise!

Rainbow25 · 21-09-2019 8:20pm

Would anyone have a copy of the October 2018 and March 2019 EU paper and report? I have plenty of papers etc for other subjects if needed!

iamanengine · 21-09-2019 9:34pm

Requesting an up to date Criminal Grid please if anyone has one.

Can swap for other stuff!!

sbbyrne · 22-09-2019 9:18am

LAND

Hey!

Does anyone have the Autumn/October 2018 land examiner report/sample answers, please?

I have material i can swap for all subjects! Thanks so much !

supercreative · 22-09-2019 10:47am

Can anyone help me with causation problem questions? I did the March 2011 Q3 one and found it really confusing, I know the law pretty well but I have no idea how to apply it to the fact scenarios he gives and it's becoming a bit of a stress. Can help out with various things in Equity/Property in return

DUMSURFER · 22-09-2019 11:02am

Looking (and getting desperate) for:
- Up-to-date grid for Equity
- Spring 2019 exam/examiner report for Equity
- Night-Before-Notes from City Colleges for upcoming Equity exam (or any topic really)

Have notes from people who left college with 1.1's and flew the FE1s for Equity, Tort, Company and EU, and a bunch more, that I'd be more then happy to share. Any help will be greatly appreciated!!

iamanengine · 22-09-2019 11:27am

supercreative wrote: »

Can anyone help me with causation problem questions? I did the March 2011 Q3 one and found it really confusing, I know the law pretty well but I have no idea how to apply it to the fact scenarios he gives and it's becoming a bit of a stress. Can help out with various things in Equity/Property in return

So the damage here is damage to Mary's car and possibly nervous shock.

The wheel left the car, two potential causes: Jonathon not tightening the nuts on the wheel and the machine going too fast. Presumably Acme are responsible for the faulty machine though we are not told. It's possible for two parties to be liable for damage in one incident. Mention concurrent wrongdoers.

Factual Cause = Material contribution test applies - McGhee, Fairchild etc. Acme and Jonathon both potentially liable under this test.

However, is there a DOC? Lack of foreseeability and proximity.
If there is a DOC - Potential novus Actus = Jonathon could possibly avoid liability due to Alan's failure to pull the handbrake. Acme can't due to vicarious liability, Alan is an employee. It might not be a novus as it could be considered involuntary conduct as he got a fright.

Remotness - Foreseeabilty test, probably not foreseeable.

Type of Damage - Loss for damage to car, no problem here. Potentially nervous shock due to the child being in the car though unlikely.

PuffleHuffLyra · 22-09-2019 11:55am

Anyone willing to share sample answers for EU/Equity?

JCormac · 22-09-2019 12:32pm

Company

For the Corporate Borrowing chapter/topic.

Seeing as the examiner asked an Essay on Floating Charges last sitting is it reasonable to assume that there's a fairly large chance the Corporate Borrowing question this sitting could be a problem one revolving around Fixed Charges over Book Debts along with Retention of Titles clauses ?

I'm finding Company by far the most difficult exam to gauge so far - Definitely going to be touch & go

user115 · 22-09-2019 12:40pm

JCormac wrote: »

Company

For the Corporate Borrowing chapter/topic.

Seeing as the examiner asked an Essay on Floating Charges last sitting is it reasonable to assume that there's a fairly large chance the Corporate Borrowing question this sitting could be a problem one revolving around Fixed Charges over Book Debts along with Retention of Titles clauses ?

I'm finding Company by far the most difficult exam to gauge so far - Definitely going to be touch & go

I think company won't be that bad, if you read his reports the same information on topics he's looking for and he just swaps around how he asks it. As you said rather than when floating becomes fixed, he likes to ask book debts and rot. I wouldn't bank though that he won't ask when fixed becoming floating again as I'd say he's not that predictable. Also he likes the a and b parts to questions.

I'm really hoping it'll be a nice paper, like he can't have 2 absolute s***e papers in a row

supercreative · 22-09-2019 12:57pm

iamanengine wrote: »

So the damage here is damage to Mary's car and possibly nervous shock.

The wheel left the car, two potential causes: Jonathon not tightening the nuts on the wheel and the machine going too fast. Presumably Acme are responsible for the faulty machine though we are not told. It's possible for two parties to be liable for damage in one incident. Mention concurrent wrongdoers.

Factual Cause = Material contribution test applies - McGhee, Fairchild etc. Acme and Jonathon both potentially liable under this test.

However, is there a DOC? Lack of foreseeability and proximity.
If there is a DOC - Potential novus Actus = Jonathon could possibly avoid liability due to Alan's failure to pull the handbrake. Acme can't due to vicarious liability, Alan is an employee. It might not be a novus as it could be considered involuntary conduct as he got a fright.

Remotness - Foreseeabilty test, probably not foreseeable.

Type of Damage - Loss for damage to car, no problem here. Potentially nervous shock due to the child being in the car though unlikely.

This is fantastic, you don't know how much this has helped! Seriously grateful, let me know if you need any help with Equity or Property.

LawGirl3434 · 22-09-2019 12:57pm

user115 wrote: »

I think company won't be that bad, if you read his reports the same information on topics he's looking for and he just swaps around how he asks it. As you said rather than when floating becomes fixed, he likes to ask book debts and rot. I wouldn't bank though that he won't ask when fixed becoming floating again as I'd say he's not that predictable. Also he likes the a and b parts to questions.

I'm really hoping it'll be a nice paper, like he can't have 2 absolute s***e papers in a row

I was wondering the same but agree absolutely he’s not that predictable

sbbyrne · 22-09-2019 2:29pm

Stupid question alert for Land people - are ye doing Registration of Land? it doesn't seem that frequent looking at the papers, so just wondering if i'm wasting my time?

What are yer thoughts on it?

legaltraineex · 22-09-2019 2:52pm

Does anyone have Constitutional past papers and examiner reports?

LawGirl3434 · 22-09-2019 3:25pm

Can any kind soul explain are Re JR Brian Ltd to me?

BemusedKettle · 22-09-2019 3:50pm

Anyone have a recent-ish Constitutional Manual?

I can offer you a 2016 one in return lol

law_struggles · 22-09-2019 5:38pm

For Constitutional / EU / Company, when you have an Article that is relevant to a question, is it worth your while copying it out or should you just state the Article number?

Thanks

Olliepollie · 22-09-2019 6:55pm

sbbyrne wrote: »

Stupid question alert for Land people - are ye doing Registration of Land? it doesn't seem that frequent looking at the papers, so just wondering if i'm wasting my time?

What are yer thoughts on it?

I am studying it just because the course is so small that it's bound to reappear and it hasn't come up since 2017! I'm thinking easements, L&T law are almost definites and registration is likely this sitting.

No evidence to back it up but that's just what I'm thinking haha

Coleman101 · 22-09-2019 6:58pm

Hi guys does anyone know what topics came up for contract March 2019 paper? Can offer relevant material in return.

user115 · 22-09-2019 7:50pm

LawGirl3434 wrote: »

Can any kind soul explain are Re JR Brian Ltd to me?

I think that hinged on the fact there was a notice of crystallisation which converted the floating charge to fixed and it was served before petition for winding up so court ruled it had legal effect as it was a term of the debenture document

LawGirl3434 · 22-09-2019 8:21pm

user115 wrote: »

I think that hinged on the fact there was a notice of crystallisation which converted the floating charge to fixed and it was served before petition for winding up so court ruled it had legal effect as it was a term of the debenture document

Thank you so much

jewels652 · 22-09-2019 9:38pm

Equity

What are people covering for equity please ???

nimcdona · 22-09-2019 11:01pm

iamanengine wrote: »

They are kind of pointless, almost impossible to predict. But for what it's worth this is my attempt to do the impossible!:
Limitations - there were two SC cases on Limitations this year so that might be in with a shout, hasn't been up in two sittings.
Land Torts - Comes up almost every sitting, didn't come up last sitting.
Vicarious Liability - Comes up more often than not, didn't come up last sitting.
Ordinary negligence - Hasn't come up in two sittings, has never missed 3 sittings.
Nervous Shock - Hasn't come up in two sittings, could be due a go.
Negligent Misstatement - Hasn't come up in 5 sittings.
Trespass to Person - Infliction of Emotional Distress came up last sitting, maybe a regular Q this time.
Occupiers Liability - Didn't come up last sitting and is quite popular.

Defamation/Damages have been rinsed recently, may be due a miss.

Disclaimer - This is complete guesswork on my part and is purely based on over analyzing the grid. :rolleyes:

My main focus will be on knowing the 8 mentioned inside out but I am still covering Damages/Defamation/Employers Liability etc etc

Last sitting the paper was quite tough so hopefully we are due a nice one, but again, not guaranteed by any means.

Just wondering what you mean by land torts? Trespass to land or is there something else?

rightytighty · 22-09-2019 11:33pm

jewels652 wrote: »

Equity

What are people covering for equity please ???

Trusts:
Express
Secret
Constructive
Resulting
Purpose

Injunctions:
Quai-Timet
Interlocutory
Mareva
APOs
Bauer

Estoppel
Trustees
Satisfaction

Please someone tell me this is enough

channing90 · 23-09-2019 1:08am

iamanengine wrote: »

Speaking of, if any kind soul has notes on the RTA Amendment Act 2019 they could send me I would love you forever.

There is good info on the RTB website but it doesn't mention sections and time is tight to start combing through legislation.

Would any kind sole send me notes on Landlord tenant Please. I dont have any and was wondering if theres many changes in the 2019 act ????

lawlad101 · 23-09-2019 8:25am

nimcdona wrote: »

Just wondering what you mean by land torts? Trespass to land or is there something else?

Nuisance, rylands

sbbyrne · 23-09-2019 9:26am

Olliepollie wrote: »

I am studying it just because the course is so small that it's bound to reappear and it hasn't come up since 2017! I'm thinking easements, L&T law are almost definites and registration is likely this sitting.

No evidence to back it up but that's just what I'm thinking haha

Thanks for replying, I get you - I may take a second look at it!

DUMSURFER · 23-09-2019 9:43am

DUMSURFER wrote: »

Looking (and getting desperate) for:
- Up-to-date grid for Equity
- Spring 2019 exam/examiner report for Equity
- Night-Before-Notes from City Colleges for upcoming Equity exam (or any topic really)

Have notes from people who left college with 1.1's and flew the FE1s for Equity, Tort, Company and EU, and a bunch more, that I'd be more then happy to share. Any help will be greatly appreciated!!

Anyone, please?

TheLawGuy · 23-09-2019 9:43am

Could someone please send me a Contract grid please? I can swap other materials in Tort, Property and Criminal. Thanks

Sineaddh · 23-09-2019 10:13am

Anyone have any clue what kind of question to expect for easements? ðŸ˜•

jewels652 · 23-09-2019 10:22am

DUMSURFER wrote: »

Anyone, please?

Pm your email and I’ll send what I have

mcgreee · 23-09-2019 10:24am

Hey everyone, I'm just wondering about the legislative sources check for this sitting. Does anyone know if the desk is open on Monday 30th September or is it just from the 1st October?

Thanks!

sbbyrne · 23-09-2019 10:35am

DUMSURFER wrote: »

Anyone, please?

I have the Spring examiner report. PM me if you haven't gotten sorted yet

Jimdtug1 · 23-09-2019 11:03am

Anybody have a grid for Constitutional?? Can swap for Company.

jewels652 · 23-09-2019 11:09am

When are the night before notes be made available?

starfishxxo · 23-09-2019 11:52am

mcgreee wrote: »

Hey everyone, I'm just wondering about the legislative sources check for this sitting. Does anyone know if the desk is open on Monday 30th September or is it just from the 1st October?

Thanks!

I think its just from Oct 1st - the letter says its only open on examination days

illy.m · 23-09-2019 11:53am

Would anyone have good consolidated notes for Equity, and/or some sample answers. Can exchange for other subjects. Really stuck.

scooby321 · 23-09-2019 12:04pm

illy.m wrote: »

Would anyone have good consolidated notes for Equity, and/or some sample answers. Can exchange for other subjects. Really stuck.

I second this!

Sineaddh · 23-09-2019 12:32pm

Would really appreciate an equity grid or advice for sitting the exam! First time sitting it and haven’t looked at the subject yet as I find it very intimidating so any help as to how to tackle it would be much appreciated!

niamh1612 · 23-09-2019 12:54pm

I wish I spent as much time studying as I do tryna predict the exam, but anyway.... Is this similar to what others are concentrating on for contract? Am I missing anything people think is abslutely vital?
Offer and Acceptance
Consideration
Consumer Protetion
Remedies
Terms
Exemption Clauses
Misrep
Mistake
Estoppel

sbbyrne · 23-09-2019 1:03pm

Sineaddh wrote: »

Would really appreciate an equity grid or advice for sitting the exam! First time sitting it and haven’t looked at the subject yet as I find it very intimidating so any help as to how to tackle it would be much appreciated!

I have sat and passed 6 of the exams, and found equity the hardest, hands down. It doesn't have the worst rep, in comparison to Const. and Tort, and I think it's because it seems a lot more straight forward than it is, but it actually does require a lot of work and understanding.

I focused on exam papers to get me through it.. if you havent started it yet i'd be concerned, it's a lot of work - but not impossible.

You can do it

Best of luck!

Breacnua · 23-09-2019 1:04pm

Sineaddh wrote: »

Would really appreciate an equity grid or advice for sitting the exam! First time sitting it and haven’t looked at the subject yet as I find it very intimidating so any help as to how to tackle it would be much appreciated!

Have you you’re notes done just not learned off yet?

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

Comments