Action for Negligence - Law for Business - Past Exam, Exams of Commercial Law

Download Action for Negligence - Law for Business - Past Exam and more Exams Commercial Law in PDF only on Docsity! PRIFYSGOL ABERYSTWYTH UNIVERSITY SUPPLEMENTARY DEGREE EXAMINATIONS 2010 DEPARTMENT OF LAW AND CRIMINOLOGY LAW FOR BUSINESS (LA35310) Time allowed: ONE AND A HALF hours Answer FOUR questions in SECTION A and ONE question from SECTION B. Each section is worth 50% of the marks Candidates are not permitted to bring any books, notes or any other materials into the examination. SECTION A (Answer 4 questions) Note – these are short answer questions and that this section represent 50% of the overall mark. Choose FOUR. 1. How is „proximity‟ defined in relation to the „duty of care‟ in the tort of negligence? (Use case law to illustrate your answer). 2. With reference to appropriate case law explain the effect of the „postal rule‟ in contract law. 3. With reference to relevant case law explain what is meant by „expectation loss‟ in the law of contract. 4. To what extent is „consent‟ a defence to an action for negligence? (Use case law to illustrate your answer). 5. “In the event of a dispute, recourse to the courts should be seen as a last resort after all else has failed.” Discuss this statement with reference to the alternative forms of dispute resolution available and indicate their advantages and disadvantages when compared with the court system. 6. With reference to appropriate case law describe and explain the rule relating to part payment of a debt. SECTION B (Answer one question) Note – the ONE question you answer in this section represents 50% of the overall mark. 1. “In Williams v Roffey & Nicholls (Contractors) Ltd the court modified the rule in Stilk v Myrick and in so doing brought the law into line with commercial practice.” Explain this statement and the modification(s) made by the Court of Appeal. Please turn over…..