The examples are So, what is the procedural history of

the case? and What was the reasoning of the court?

17 1/2 b; h 3/4 c; g 5/6/7 d; f; i 8/9 a; e

A3 b7 c1 d6 e2 f4 g5

Suggested answers

The clause involved had an effect such that the income

In question was held by the buyer for the benefit of the

Seller rather than having the effect of causing the

Buyer to have some type of security in the goods.

It means that the Court could not ignore the legal

Relationship actually created (a trust) by the wording of

The ROT clause.

On an evidential ground for not having shown a

Connection between the goods it supplied and what

Was eventually paid for the finished product.

Sellers may use this decision to draft similar clauses

In their contracts in order to ensure payment, even

Where the buyer is in insolvent liquidation.

Into 2 to 3 of 4 in 5 over 6 in 7 for

Between 9 in 10 into

A the Court has upheld... (paragraph 1)

The Judge at first instance, and the Court of Appeal,

Had held that ...; The majority in the High Court

rejected that reasoning. In the majority's view, ...

(paragraph 4)

The Court dismissed ... (paragraph 6)

B The critical provision in the clause stated ...

(paragraph 2)

C The question for the Court to consider was whether...

(paragraph 3)

D In the case of... (paragraph 2)

E In drawing the distinction in relation to the particular

Clause in question, the Court noted that ...; On that

Basis, the Court held that ... (paragraph 5)

Void for non-registration 2 the proceeds of such

Manufacturing or construction process 3 adduced

Evidence 4 held in trust 5 proprietary interest

On an evidential ground 7 by virtue of

Language Focus

Distinct 3 defendant 4 decide

Non-arbitrary 6 material 7 lead to

Verb Noun

Disclaimer

Indemnification

1Q!erance

Specifications

Postponement

Verb Adjective

Suitable

aC.!&Q1able

Implied

Bind binding

Ascertain ascertainable

Of 3 in 4 with 5 by 6 under

In respect of 3 fit 4 vendor 5 merchandise

Entitled 7 reasonable 8 deemed 9 claim

C 3a 4f 5g 6d 7b

A7 b8 c4 d5 e2 f3 g9 h6

Unit 10

True 2 True 3 False 4 False

C2a3b

Suggested answers

Whereas a freehold estate refers to an estate in which

Ownership is for an indeterminate length of time, a

Leasehold is the term for the right to possession and

Use of land for a fixed period of time.

While fee simple is the expression for the absolute

Ownership of real property, fee tail refers to an estate

That may be inherited only by a limited class of heirs.

A lease is an agreement by which a lessor gives the

Right of possession of real property to a lessee for a

Specified term and for a specified consideration,

Whereas a licence is only the right to use without

Having exclusive possession.

4 An easement is a right to make limited use of another's

Real property, while usufruct refers to the right to use and

Derive profit from property belonging to someone else,

Provided that the property itself is not harmed in any way.

Answerkey E

Distinguish 2 is a general term for

3 refers to/includes; fall under the heading of 4 divided

Types 6 includes

Suggested answers

Real property is a general term for freehold estates and

Leaseholds.

In real property, a distinction is made between freehold

Date: 2015-12-11; view: 864