The judge concluded, the parties had made an error

'of fact rather than one of simple prediction of

future events.' He distinguished the Taussig case

on the ground that there the 'parties bottomed

their agreement on a naked prediction,' while in

ALCOA the capacity of the WPI 'to work as the

Parties expected it to work was a matter of fact,

existing at the time they made the contract.' The

Judge felt that justice required him to find a

mistake of fact. 'At stake in this suit is the future

Of a commercially important device - the longterm

Contract. If the law refused an appropriate

Remedy when a prudently drafted long-term

Contract goes badly awry, prudent business people

would avoid using this sensible business device.'

~

What is the writer doing in the first paragraph?

A

B

C

D

Explaining why a word is misused

Identifying the appropriate legal usage of a term

Giving examples of common legal errors

Suggesting a wider interpretation of a particular term

In the second paragraph, what does the writer say about cases involving

poor prediction?

A

B

C

D

They occur more often than cases involving a mistake of fact.

They do not normally result from a breakdown in relationships.

They are not dealt with under the law of mistake.

They can be more difficult to resolve than mistakes of fact.

Taussig argued that he was not held by his contract with Leasco because

A

B

C

D

Leasco's anticipated takeover of MKI had failed.

MKI's financial record was worse than he thought.

MKI's projected income had been miscalculated.

Leasco had underestimated the value of MKI's stock.

What does the word 'bargain' in line 45 refer to?

A

B

C

D

the expectation that MKI's turnover would rise

the terms of the contract working in Leasco's favour

a high degree of competence on the part of Leasco's lawyers

An attempt by Taussig to enforce the terms of the contract

A factor in ALCOA's decision to go to court was that

A

B

C

D

Essex was not keeping to the terms of the contract.

Energy was rapidly becoming its biggest single cost.

The wholesale price of alumina was fluctuating considerably.

A contract price was linked to an inappropriate predictor.

According to the judge, his decision in ALCOA v Essex Group was

Influenced by the need to

A

B

C

D

Maintain the viability of an important business tool.

Reduce the impact energy costs have on a range of businesses.

Safeguard prudent businesses from unforeseen events.

Allow financial recompense for an unethical contract.

ILECpractice test

E

Test of Writing

TIME 1 hour 15 minutes

Part 1

Youmust answer this question.

Youare a lawyer representing Ms Sandra Meyer.Ms Meyer is the subject of a

Disciplinaryinvestigation by her employer, Scansoft. Robert Woodly,Director of

Human Resources at Scansoft, has written to you with a statement of Scansoft's

Position.

Read the letter from MrWoodly,on which you have already made some

Handwrittennotes.Then, using all the information in your handwritten notes,

Write a letter to MrWoodlyon behalf of your client Ms Meyer.

I have been informed that you are acting on behalf of Ms S.

Meyer.

She s~s )

ever!1°nes

CWmgit.

Date: 2015-12-11; view: 938