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Distinguish between an executed and an executory consideration


3. Distinguish between an executed and an executory consideration


10. How does Adam Smith explain and illustrate the

ORDINARY EXAMINATIONS, O.T. 1867. Ixvii 5. Give an instance shewing in what manner a simple

contract may " merge " in a specialty.

6. State the facts in Coggs v. Bernard, and the point decided in that case.

7. Explain what is meant by the terms "contract,"

" consideration," " nudum pactum."

8. Is there any difference in effect between cases falling within the 4th Section of the Statute of Frauds and those falling within the 17th ? 9. The defendant for one guinea to be paid to him

by the plaintiff promised to give the plaintiff ten guineas on the day of his marriage. Does this fall within the 4th Section ?

10. A broker sold on Saturday certain goods of the defendant to the plaintiff, subject to the plaintiff's approval of the quality on Monday, and sent the sold note to the plaintiff on Saturday, marked with the words " Quality to be approved on Monday." Tho plaintiff having signified.neither approval or disapproval on the Monday, the broker a few days afterwards sent the sold note to the defendant with those words struck out, and the defendant then repudiated the engage- ment. What is your opinion as to the defendant's liability ?

11., Define a Bill of Exchange. Explain the terms, Drawer of a Bill of Exchange, Acceptor, Drawee, Acceptance for Honour.


12. £1200.

Warrington, 4th March, 1824.

On demand we promise to pay to Mr. George Clarke or order, Twelve hundred pounds, for value received in stock, ale, brewing vessels, & c , this being intended to stand against the undersigned Mary Perceval as a set-off for the sum left me in my father's will above my sister Ann's share.


On what ground did the Court decide that this is not a Promissory Note ?—Clarke v. Perceval, 2 B. & Ad. 660.

13. State briefly the law as to contracts made by lunatics and persons in a state of intoxication at the time of entering into the contract.

14. Define a consideration as sufficient to support a simple contract.

15. A declaration alleged that the defendant made a promise to the plaintiffs to pay a certain sum-of money in consideration that the plaintiffs would conduct certain proceedings in the matter of the defendant's.bankruptcy, so as to avoid as far as possible injuring defendant's credit. Is this con- sideration sufficient to support the promise ?—

Bracewell v. Williams, Law Rep. 2. C.P. 196.

16. A buys several lots of goods at a sale by auction, the price of which altogether amounts to upwards of ten pounds, but the price of each lot is below that sum. A refuses to take the goods and pay for them. Is a note or memorandum in writing


within the 17th Section of the Statute of Frauds necessary to support an action against A by the vendor ?

17. What do you understand by the phrases Damnum sine injuria and Injuria sine damno ? Shew how they are usually applied.

18. What is the doctrine of our Common Law as to contributory negligence ?

19. A gas company employs competent workmen to • repair the gas pipes laid down in a public thoroughfare, omitting, however, to give any specific directions in regard to the precautions which should be taken to prevent accidents to passers-by. One-of the workmen, whilst engaged in doing the necessary repairs, by his negligence causes injury to an individual lawfully using the thoroughfare. Will the company be liable to make compensation to the person thus injured ?

L A W . — P A S T I I . {Mr. Billing.)

1. What is the provision in the Landlord and Tenant Statute as to the assignment, grant, or surrender of leases ?

2. State fully the law of Victoria as to the cases in which executions bind land. Give the differences ' between executions in England and Victoria



3. An estate is granted to a woman during her widowhood; what estate is that in law ?

4. How far is a tenant in tail empowered to cut down timber for his own benefit and commit waste ? 5. What is the provision in the Statute of Trusts as

to the power of executors to compromise debts and claims ?

6. Give some examples of what is known as a " way of necessity." •

7. In what cases is a married woman capable of making a will 1

8. Where a reversionary interest is purchased which is afterwards disputed, what is the rule as to proving that adequate value has been given for it ? 9. Mention the present law as" to what are termed

" illusory appointments." Refer to the Colonial . Statute on the subject, and state the fluctuations

from time to time in the law respecting these ' appointments.

10. Give the substance of the provisions of the Statute of Trusts as to declarations or creations of trusts in lands, also as to assignments of trusts.

11. Enumerate the instances in which the taking of security does not prejudice the vendor's lien for 'unpaid purchase money.

12. Detail the distinctions between the covenants for title in a mortgage deed and those in a purchase deed.

ORDINARY E X A M I N A T I O N S , O.T. 1867. ' I x x i

13. State the law as to the revocation of wills. Can a will be revoked by any presumption of intention on the ground of alteration in circumstances ? 14. Is there any difference-as'regards lapse in the two

following instances:—

" A devise to-^1 and his heirs ;"

" A devise to A and the heirs of his body"?

How has the old law been changed in this respect ?

L A W . — P A E T I I I . {Mr. Billing.)

1. Where goods have been delivered on a condition of sale, and the sale has become absolute by the performance ofvthe condition, in what form of action may the price be recovered ?

2. Will an I 0 U alone support a count for money lent? Give the reason fully.

3. One of two joint wrong-doers has been compelled to pay the whole damage; can he recover a moiety against the other ?

4. One tenant in common has received more than his share; can it be recovered in the action for money had and received 1


5. A wife deposits her,husband's money with a banker to the account of a third party; in what form of action can the husband recover it from the banker 1 6. A promissory note is made to a wife during mar-

riage in her own name ; who should sue for it ? 7. State fully the law of Victoria as to the mode of

proceeding against absent debtors.

8. What is the modern mode of reviving judgments ?

1 In what instances does- the writ of Scire Facias still exist ?

9. State fully the practice under the Common Law Procedure Statute as to the attachment of debts , and as to charging orders.

TO. A person lodging at a hotel opens and enters at ,. midnight another guest's room with a felonious

design; what offence is it ?

11. State fully the law as to accessories in the case of manslaughter. Distinguish between accessories before the fact and those after the fact.

12. Suppose a railway company were directed by a , statute to make a bridge over a road at a certain

height, and they omitted or refused to do so, what would be the proper remedy ?

13. Suppose a statute were to take away Certiorari, will the court allow the proceedings to be brought under review in any other manner, e.g. by Mandamus ? 14. Give the substance of the Statute of Wrongs as

to libel. '


L A W . - P A M IV;

- {Mr. Dobson.)

Mention any cases which you may remember in sup- port of your answers.

1. Explain and illustrate the maxims " l i e who seeks equity must do equity," and '' Vigilantibus non dormientibus equitas subvenit."

2. Define "accident" as a ground for relief in equity, and explain how it differs from " mistake."

3. A purchased an equitable title to a rent charge of - £ 0 0 per annum for valuable consideration. B

subsequently purchases the land for a valuable consideration without notice. Will a court of equity entertain a bill for relief by A ?—Whit- field v. Faussett, 1 Ves. Senr. 387.

4. Give some examples of cases of accident which are remediable in equity.

5. In cases of defective execution of powers, in favour of which of the following classes will equity (in the absence of any countervailing equity) grant relief:—purchasers, creditors, husband, wife, child, grandchild, remote relations, charity, strangers ? 6. Under what circumstances will equity relieve

against mistakes in matters of fact ? d


7. A being in possession of facts, which materially

<! enhance the value of a certain commodity of which i ? j s the owner, conceals his information from B , and thereby purchases it from B at a lower price than it would have brought had B known the facts. Will equity relieve ?

8. Give some instances of cases in which a person is held bound to disclose facts and circumstances within his own knowledge, and of which persons with whom he is dealing are ignorant.

9. As a general rule courts of law will not enquire into the question of adequacy of consideration.

Does equity follow the law in this respect ? TO. A by his will directs a sum of money to be given

to B , provided she marries with the consent of C.

Will the -court exercise any and what controul over C s discretion as to consenting or with- holding his consent from B ' s proposed marriage ? 11. Give some instances of "constructive fraud" in

which equity will grant relief.

12. Upon what grounds is the jurisdiction of the court in equity founded in the case of legacies and portions ?

13. A leaves his pictures by will to B for life, and after B's death to C. In tbe absence of any evidence that B intends to dispose- of or injure them, can C claim the assistance of the court to secure the pictures ?

ORDINARY E X A M I N A T I O N S , O.T. 1867. IxxV

14. Mention the circumstances under which a court of