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The Pamphlet Collection of Sir Robert Stout: Volume 27
Contracts and Torts
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Contracts and Torts.
(Candidates for admission as Solicitors need not answer Questions 15,16, and 17.)
| 1. | Illustrate "Do ut des," "Facio ut facias," "Facio ut des," "Do ut facias." |
| 2. | Would you or would you not regard moral obligation, the abandonment of a doubtful claim, the mere statement of disputed accounts between plaintiff and defendant, an agreement by the former to give up part of his claim, as a sufficient consideration for an agreement to pay money? Illustrate your answer. |
| 3. | When is an impossibility an excuse for non-performance of a contract. Illustrate your answer. |
| 4. | To constitue a valid tender, is it possible to dispense with the production of the money? Supply reasons for your answer. |
| 5. | What is a contract of guarantee, and what is the essence of the contract? State a case. |
| 6. | What is the law in regard to the responsibility of a lessee when premises are destroyed by fire? |
| 7. | Illustrate "Vigilantibus, et non dormientibus, succurrent jura" by three or four cases. |
| 8. | Can you mention the facts of two or three contracts that were held to be void as being in general restraint of trade? |
| 9. | Illustrate, by two or three cases, "Qui facit per alium facit per se," especially in relation to contractors and sub-contractors, the borrower of a carriage and his servant, and a job-master letting on hire and his servant. |
| 10. | What is the law in regard to negligent excavations? Supply case. |
| 11. | What are the rights and liabilities of a master and parent for an injury done to or by his servant or child? |
| 12. | Define "continuing injuries," and state the class of cases in which fresh actions may be brought thereupon. |
| 13. | What are the rights of a person having the constructive possession of personal chattels? |
| 14. | Can a bank-note be the subject of conversion? If you return an affirmative reply, state the circumstances under which it may be so. |
| 15. | What would and what would not constitute an abondonment of an easement to light and air? |
| 16. | What is a contract uberrimæ fidei? Name the contracts belonging to the class, and illustrate the application of the principle. |
| 17. | What is necessary to constitute a constructive total loss? |