Part A. Answer ONE question from this part.

1. ‘It is no longer the case that Parliament reigns supreme in the UK Constitution.’
Critically discuss the above statement in relation to the Human Rights Act 1998.
2. For this question, outline the principle elements of both of the following, using
cases to illustrate your answers. Each section is worth 50% of the total marks for
this question.
i) The test required to establish a duty of care when the losses are purely
economic.
ii) The test required to establish a duty of care when the losses arise from the
psychiatric illness of secondary victims.
3. For this question, answer both (3a) AND (3b). Each section is worth 50% of the
total marks for this question.
3a) What is meant by the Veil of Incorporation? Give examples of how this
might be lifted both at common law and by statute.
3b) What is a statutory derivative action under S260(1) of the Companies Act
2006? What safeguards does the Act give to the Courts to help them
manage such actions?

CONTINUE FOR PART B
Part B. Answer ONE question from this part.
4. Lucas and Alan were self-employed gardeners. One day they were in the
process of collecting some logs from Beeverteeth Limited, a log cutting firm, in
order to complete some gardening work for a client.
As they drove into Beeverteeth Limited’s forecourt, they noticed a sign which
read:
“Beeverteeth Limited accept no responsibility for death, personal injury or
damage to property in respect of vehicles parked on these premises
howsoever caused”.
They parked their truck and walked into Beeverteeth Limited’s reception area,
where Alan took a ticket from a ticket machine.
On one side of the ticket there was a number indicating which customer would
be served next.
On the other side of the ticket it stated:
“Beeverteeth Limited wish to draw our customers’ attention to the notice
displayed in the car park relating to our responsibility in the event of an
accident occurring on these premises”.
Having paid for the logs they returned to the car park in order to wait for
delivery of the goods which Beeverteeth Limited were to load directly onto
their truck. As they pulled up to the loading bay an employee of Beeverteeth
dropped a very large log onto the driver’s side of Lucas and Alan’s truck,
completely missing the designated area and causing considerable damage to
the truck. Lucas then noticed that Alan had been knocked unconscious in the
accident.
The truck sustained £1,000 worth of damage and Alan had to take several
weeks off work, which meant that Lucas and Alan lost a gardening contract
worth £5,000.

a) Advise Beeverteeth Limited as to the validity of their exclusion clauses
in relation to the losses sustained. (75% of marks)
b) Advise Lucas and Alan as to the test for establishing whether
Beeverteeth Limited owe them a duty of care. (25% of marks)
5. Joel is wishing to establish a business together with his son Adam providing
out of school football clubs for children. Joel will be investing his savings in
the business and Adam will be running the organisation for him. Joel would
like Adam to feel part of the new venture and wishes for him to receive a
share of the profits.
Advise Joel as to the benefits of running the business either as a Limited
Company or a Partnership (not an LLP).
What legal obligations are required before either can commence trading?

END OF QUESTION PAPER

CITATION