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11. A woman who is indebted and also entitled to a house and land marries, and previous to and in consideration of the marriage, conveys the same to trustees upon trust for herself for life for her separate use without power of anticipation, and after her death upon trust for her intended husband for his life; and after the death of both of them, upon trust for the issue of the marriage, and if there should be no such issue, for herself absolutely. After the marriage has been duly solemnized, what are the rights (if any) of the creditors with respect to this property? Give the reasons for your answer.

12. Explain the meaning of the following terms:Bottomry bond, interesse termini, seisin trustee, executor de son tort, donatio mortis causa, certificate of title.

THE LAW OF OBLIGATIONS.

The Board of Examiners.

Wherever possible, give the reasons for your answer.

1. State briefly the rules which govern Offer and Acceptance, or the communication of a common intention to create an Obligation.

2. Discuss and illustrate the chief exceptions to the

general rule that a corporation aggregate can only be bound by contracts under the seal of the corporation.

3. A and B verbally agree that A shall sell and B shall purchase six bags of sugar at £2 per bag, the goods to be sent by carrier named by B. The same afternoon the sugar was sent by the carrier, but was damaged in carriage, and B refused to receive or pay for it. Some months afterwards A applied for payment, and B wrote in answer to the application, in a letter addressed to A and signed by B, that "in regard to the six bags of sugar purchased from you at £2 per bag, I have never received the same, and have long since declined to have them, for reasons made known to you at the time." Could A succeed in an action against B for goods bargained and sold?

4. In what respects is Inadequacy of Consideration of importance in actions on contracts?

5. Illustrate by examples any class of cases which, in your opinion, is an exception to the general rule that a past consideration is in effect no consideration at all.

6. State and illustrate the ways in which the right of a person to obtain a judicial avoidance of a contract on the ground of fraud is limited.

7. State briefly the chief rules specially relating to agreements in restraint of trade.

8. In what cases will impossibility of performance arising subsequently to the formation of a contract operate as a discharge of the contract?

9. State briefly the chief rights of an agent against his principal, and of a principal against his agent.

10. A, for B's accommodation, makes a promissory note payable to B or order. B, by indorsement in blank, indorses the note to C, who is a holder in due course. Chands the note to D as a gift, and D, shortly after the note matures, sues A on the note. The note has never been presented for payment, and no notice of dishonour has been given. State your opinion as to the result of the action.

11. State the principal ways in which, apart from express authority, a partner in an ordinary trading partnership may bind the firm of which

he is a member.

12. What persons are deemed to be members of a company incorporated under the Companies Act 1890 Part I.?

THE LAW OF WRONGS.

The Board of Examiners.

1. Explain what is meant by the expression "natural or probable" cause, in relation to damages arising from a wrongful act.

2. In Glover v. The London and S. W. Rly. Coy., the plaintiff, being a passenger on the railway, was charged by the company's ticket collector, wrongly as it turned out, with not having a ticket, and was removed from the train by the

company's servants, with no more force than was necessary for the purpose. He left a pair of race-glasses in the carriage, which were lost. Give your opinion as to the liability of the company for the loss.

3. Define "negligence

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as the basis of an action for a Wrong. In The Bailiffs of Romney Marsh v. The Trinity House, a cutter belonging to the corporation of the Trinity House had, by negligent navigation, struck on a shoal about threequarters of a mile outside the plaintiffs' sea-wall. Becoming unmanageable, the vessel was inevitably driven by strong wind and tide against the sea-wall, and did much damage to it. Discuss the position of the defendants.

4. Mention the leading provisions of Part 2 of the Wrongs Act 1890 (Wrongful Act or neglect causing death. Lord Campbell's Act 9 & 10

Vict., c. 93).

5. Illustrate the maxim, 66

Ratum quis habere non potest, quod ipsius nomine non est gestum."

6. Discuss the liability of a master, at common law, for the wrongful acts of his servant. Define the term "master" in this connexion.

7. The owners of a colliery company, after partly sinking a shaft, agree with a contractor to finish the work for them, on the terms, among others, that engine-power and engineers to work the engine, are to be provided by the owners. The engine that has been used in sinking the shaft is handed over accordingly to the contractor.

The same engineer remains in charge of it, and is still paid by the owners, but is under the orders of the contractor. A man is injured by the negligence of the engineer. Your opinion is requested as to the proper party to make defendant in an action at the suit of the injured person.

8. In what cases are defamatory spoken words actionable without special damage?

9. Explain the defence of "privilege" in actions for defamation. Into what two classes is the subject divided? Upon what principle is "privilege" allowed as a defence?

10. In Barnes v. Ward, the defendant, a builder, had left the area of an unfinished house open and unfenced. A person lawfully walking after dark along the public path on which the house abutted, fell into the area and was injured. Upon what grounds was the defendant held to be liable?

11. Explain what is meant by accessories (a) before the fact, and (b) after the fact.

12. Into what classes is "homicide" divided? Define Burglary, Arson, Larceny at Common Law.

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