0 ratings0% found this document useful (0 votes) 427 views3 pagesCape Law Unit 2 - Paper 2 May 2013
Caribbean Law- Unit 2-Private Law (2013, May- Advanced Exams)
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CA
XC rest coor 02231020
MAYUNE 2013
FORM TP 2013218
CARIBBEAN EXAMINATIONS COUNCIL
CARIBBEAN ADVANCED PROFICIENCY EXAMINATION®
Law
PRIVATE LAW
UNIT 2
02
2 hours 30 minutes
READ THE FOLLOWING INSTRUCTIONS CAREFULLY.
* consists of SIX questions, TWO questions based on EACH
Module
Answer ONE question from EACH Module
‘Write your responses in the answer booklet provided.
= DO NOT TURN THIS PAGE UNTIL YOU ARF TOLD TO DO So.
= Copyright© 2011 Caribbean Examinations Council
All rights reserved
02231020/CAPE 2013, NS
EITHER
% @
(b)
oR
4
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231020/CAPE 2013
SECTION B
MODULE 2: LAW OF CONTRACT
Answer ONE question.
Explain, with reference to decided cases, THREE methods by which a contract is discharged.
[10 marks}
“The doctrine of privity means that a contract cannot, as a general rule, confer rights or
under it on any person except the parties to it.” (G. H. Treitel,
The Law of Contract),
Analyse this statement using decided cases to illustrate your answer
Explain TWO types of misrepresentation with reference to decided cases. [10
Bolden Ltd, the purchasers of'a mine, were
the seller, as to its earning capacity.
ven exaguerated statements by Jamen Lid,
Bolden Ltd had these statements checked by their
own expert agents who, in ertor, reported them as correct. Six months afier the sale was
completed, Bolden Lid found tha
the statements by Jamen Lud had been ina
curate and
sought to rescind the contract on the ground of misrepresentation.
(i) Advise Bolden Ltd on whether they can rescind the contract lo
sy
Gi) Outline the differ
fence it would make if Bolden Lid had not sought independent
advice
[5 marks}
Total 25 marks
GO ON TO THE NEXT PAGE EITHER
3 (a)
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3 4
SECTION B
MODULE 2: LAW OF CONTRACT
Answer ONE question.
Explain, with reference to decided cases, THREE methods by which a contract is discharged.
110 ma
| rule, confer rights or
“The doctrine of privity means that a contract cannot, as a gener
impose obligations arising under it on any person except the parties to it.” (G. H. Treitel,
The Law of Contract).
Analyse this statement using decided cases to illustrate your answer 115 marks]
arks
Explain TWO types of misrepresentation with reference to decided cases. 10 marks]
Bolden Ltd, the purchasers of a mine, were given exaggerated statements by Jamen Ltd,
the seller, as to its earning capacity. Bolden Ltd had these statements checked by theit
own expert agents who, in error, reported them as correct, Six months after the sale was
completed, Bolden Ltd found that the statements by Jamen Ltd had been inaccurate and
sought to rescind the contract on the ground of mistepresentation,
(i) Advise Bolden Ltd on whether they can rescind the contract. [10 marks}
(ii) Outline the difference it would make if Bolden Ltd had not sought independent
advice.
15 marks}
Total 25 marks
GO ON TO THE NEXT PAGE
02231020/CAPE 2013
