✨ Legal Examination Questions
166
tract; state the classes of consideration, valid or invalid?
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What are the principal provisions of the “Statute of Frauds” with regard to contracts?
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State the general effect of the provisions of the “Mercantile Law Amendment Act, 1860,” passed by the General Assembly of New Zealand, with reference to
(1.) The title of a person to goods acquired by him before seizure thereof by an execution creditor under a fifa.
(2.) The remedy given to a Plaintiff in an action for a breach of contract to deliver specific goods for a price in money.
(3.) The consideration of a guarantee.
(4.) Guarantees to or for a firm.
(5.) The right of a surety who has discharged the debt as to securities.
(6.) Acceptances of Bills of Exchange.
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Explain the different kinds of Bailment and the duties and liabilities of the Bailees respectively e.g.
(1.) A depositary of goods for the use of the bailor without reward.
(2.) A mandate or gratuitous commission.
(3.) A loan.
(4.) A bailment of goods to be used by the bailee for hire.
(5.) Ditto of goods to be worked upon or carried for hire.
(6.) A pawn.
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What is a Charter Party? What a Bill of Lading? To what extent can the master of a ship bind the owners with or without the owner’s knowledge under either of these forms of contract?
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When goods are put on board in pursuance of a Charter Party and a Bill of Lading is given for them by the master what is the import of the Charter Party and Bill of Lading respectively?
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When is the Bill of Lading conclusive of the shipment of the goods.
(1.) Between the shipper and master.
(2.) Between the shipper and ship-owner (Berkely v. Watling, 7 a and Ell, and 18 and 19 Vic. c. III.)
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What is “Stoppage in transitu?” How far is the right thereto consistent with the property and right of possession being vested in the consignee, as evidenced by the delivery of the goods on board, and his being named as consignee in the Bill of Lading?
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What is Demurrage? What Primage? What special or petty Average? What general Average?
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In what cases can the agent, holder of a Bill of Lading, bind the owner of the goods mentioned therein by a contract by way of pledge, or security, made by such agent with a third person for a loan or advance on the security of such Bill of Lading? (“Advances to Agents Act, 1861.”)
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What is a Promissory Note? What a Bill of Exchange? What is the relative legal positions inter se of the maker, payee, and indorsee of a Note, and of the drawer, acceptor, and indorsee of a Bill?
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Give instances of “Wrongs” to the Character, Person, or Property, whether Personal or Real.
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State what you know of the law of Nuisance, Public or Private.
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What is an Executor? What an Administrator?
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To whom should general Letters of Administration be granted, and how far is the claim to administration affected by the primogeniture, sex, solvency, or being a creditor upon the estate of deceased?
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What are administrations “cum testamento annexo,” “de bonis non,” and what are temporary or limited administrations?
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If a foreigner die intestate within the British Dominions, according to what law will the right to administration be determined?
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An intestate was domiciled in a foreign country and left assets in British dominions. Where must administration be taken out, and by what law must the distribution of the personal property be regulated? And in what country must the administration be conducted?
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Money due on a mortgage,—On death of mortgagee, is it part of his real or of his personal estate?
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If the mortgaged property be sold under the usual power, but after the death of the mortgagor, is the surplus produce realty or personalty? Explain the reasons of your answer.
What are the limitations to the recovery of debts; and what are the provisions of Lord Tenterden’s Act, as to the saving the Statutes of Limitation?
- Mention one or more “leading cases” on some important doctrine or doctrines of the law of contracts, stating the result of the decisions.
Real Property and Conveyancing.
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What are “Things Real?” What are “Chattels Real?”
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What classes of property are covered by the words “lands” “tenements” “hereditaments”?
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✨ LLM interpretation of page content
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Publication of Chief Justice's questions for Articled Clerks
(continued from previous page)
⚖️ Justice & Law Enforcement20 April 1863
Articled Clerks, Examination Questions, Chief Justice, General Law, Constitutional Law, Civil Law, Contracts, Statute of Frauds, Mercantile Law, Bailment, Charter Party, Bill of Lading, Demurrage, Promissory Note, Bill of Exchange, Nuisance, Executor, Administrator, Real Property, Conveyancing
Otago Provincial Gazette 1863, No 241