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The examples are So, what is the procedural history ofthe 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: 868
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