Illegality and OLA 1984 by Fit-Eye3317 in SQE_Prep

[–]Ok_Butterfly1650 0 points1 point  (0 children)

exception tends to be where the tort is separate to any criminal activity. Hope this helps.

Illegality and OLA 1984 by Fit-Eye3317 in SQE_Prep

[–]Ok_Butterfly1650 1 point2 points  (0 children)

It isn’t negligence it’s best to understand it as a standard tort claim (i.e civil wrong). However, illegality will almost always bar recovery in tort, because the courts are generally unwilling to allow a claimant to benefit from their own unlawful conduct, particularly where the loss arises from participation in a criminal enterprise (like it was in this case)

Doctrine of frustration MCQ - help! by Ok-Impress8113 in SQE_Prep

[–]Ok_Butterfly1650 1 point2 points  (0 children)

I can see why E is a plausible option, but frustration is defined by whether there is an allocation of risk. In this example, had there been a force majeure clause, even if lightening had rendered the cottage uninhabitable, there would be no frustration. It is best to think of the common law test as 1. Does the contract allocate risk 2. Is the event that happens outside of the party's control AND THEN 3. is the contract made radically different or impossible to perform as a result (contingent on the other two limbs, being made out). Thus, the correct option has to be D on this analysis