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C's trustee in insolvency who produces the certificates. Who is entitled ? Give the reasons for your answer.
9. In what ways may a duly executed will be
10. By an indenture of settlement, £5,000 is vested in
A and B upon trust to invest in Government or real securities of or in the colony of Victoria, and pay the income to C during her life for her separate use, and after her death to divide the corpus among her children in equal shares. Chas a power of appointing new trustees. The trustees invest the moneys in mortgage in their joint names. C dies, leaving children who are infants. Afterwards A dies, having duly made his will, probate of which is granted to D. Afterwards B dies, and administration of his estate is granted
to E. (a) Can new trustees of the settlement be appointed
without resorting to the Court? If so, by whom? (6) What steps are necessary to vest the mortgages
upon which the money is invested in the new trustees?
Give the reasons for your answer.
11. Explain the meaning of the following terms :
Equity of redemption, certificate of sale (of a ship), certificate of title, cestui que trust, administrator de bonis non, interesse termini.
12. A, by his will, devised lands to B for his life, and
after his death to C in fee. A died on the 2nd of March, 1860. After the death of A, D, a
trespasser, went into possession of the lands and still holds possession. B died 1st April, 1890. Is C entitled to recover possession of the lands?
Give the reasons for your answer.
THE LAW OF OBLIGATIONS.
The Board of Examiners. Wherever possible, give the reasons for your answer. 1. When an offer consists of various terms, some of
which do not appear on the face of it, to what extent and in what circumstances is an acceptor bound by terms of the purport of which he was not aware ?
2. Give at least four instances, other than the fourth
section of the Statute of Frauds, in which agreements are required by Statute to be in writing.
3. A agreed to sell and B to buy certain goods
belonging to A for the sum of £9, the goods to be delivered in six months and paid for in eighteen months. Does this agreement require to be in writing in order that it may be enforceable by action?
4. Discuss the question of consideration in connection
with contracts arising from the gratuitous bailment of goods, and state whether, in your opinion, such contracts are an exception to the general rule, that consideration is necessary to the validity of every simple contract.
5. Give a definition of Undue Influence, and state the
more important classes of cases in which undue influence is prinâ facie presumed from the relative position of the parties.
6. A and B enter into an agreement to do a thing,
innocent in itself, but designed to promote an illegal purpose, of which purpose A is aware, though B is ignorant. Has B any and what right-(a) if he carries out his part of the agreement? (6) if he discovers the illegal purpose before he has carried out his part of the agreement ?
7. Discuss and illustrate the distinctions between
Assignment and Negotiability.
8. In what circumstances does the alteration of a
written instrument operate as a discharge of a contract set out in such instrument?
9. State shortly the extent of authority and the rights
auctioneer selling goods by public auction.
10. A cheque purporting to be signed by A, payable
to B or order, and purporting to be endorsed in blank by B, is presented by and paid to an unknown person at a bank at which A is a customer. Will A or the banker have to bear
the loss(a) Assuming A's signature to be forged ? (6) Assuming B's endorsement to be forged ?
11. State shortly the respective rights and duties of
partners inter se.
12. What must be contained in the memorandum of
association of a company limited by shares ?
THE LAW OF WRONGS.
The Board of Examiners. 1. Define “negligence" as giving a cause of action.
Explain what is meant by “contributory negligence,” and what is its effect upon an action for negligence ?
2. The grass is set on fire by a spark_from a loco
motive engine on the Victorian Railways, and great damage is thereby done to A's property. There had been no negligence in the management of the engine, and the Victorian Railways Commissioners had taken all scientific precautions to prevent the escape of sparks. Can A maintain an action against the Commissioners ? Give reasons for your answer.
3. A bought a gun from B, informing him that it
was for the use of himself and his sons. B fraudulently represented the gun to be sound. Whilst one of A's sons was using it, it burst in his hands and injured him. Discuss the rights of the son (if any) against B.
4. In order to successfully maintain an action for
libel, what must the plaintiff prove ?
5. Explain the nature of the defence of truth (1) to
an action, and (2) to a prosecution for libel.
6. A brings an action of libel against B. At the
close of the plaintiff's case the judge rules that the occasion of the publication was privileged. What must be done to enable the plaintiff to succeed ? What is meant by “publication” in connexion with the law of defamation ?
7. In what cases of slander is it unnecessary for the
plaintiff to prove special damage? 8. What statements are
“ absolutely privileged" according to the law of defamation? What is
meant by “qualified privilege ?” 9. In what cases can a defendant justify his conduct
in an action for “assault” or “battery?” Dis
tinguish between “assault” and “battery." 10. A fire starts in A's house and extends to B's,
which it burns down. (1) The fire was accidental, (2) it arose through the negligence of A's servants. Discuss the liability of A (if any) to B in each case.
11. Define “larceny," " burglary," "arson." In a
prosecution for obtaining money, &c., under false pretences, what must the prosecutor prove?
12. State shortly the law as to “insanity” as a defence
to a criminal prosecution.