2. What is the difference between an "executed consideration" and a "past consideration"?

3. What must be proved in order to support a Common Law "action of deceit"?

4. "Accord without satisfaction does not discharge a right of action." Explain and illustrate this

statement.

5. Explain the terms "contract of sale," "sale," and 66 agreement to sell," as used in the Sale of Goods Act 1896.

6. Section 28 of the Sale of Goods Act 1896 says"When the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller's defect of title." Give two instances of transactions such as are contemplated by this section.

7. In what cases may the unpaid seller of goods retain possession of them until payment or tender of the price?

8. State and explain the remedies by way of action available to the seller of goods if the buyer refuses to take delivery or pay the agreed price (a) when the property in the goods has passed to the buyer, (b) when it has not so passed.

9. Define a bailment, and enumerate the various kinds of bailment known to English law.

10. What was the main object of the provisions of the Instruments and Securities Statute 1864 with

respect to Bills of Sale, and how were such provisions evaded in practice ?

11. State briefly the provisions of the Bills of Sale Amending Act 1891 (No. 1223) with respect to the assignment of Bills of Sale.

12. State the substantial point decided in each of the following cases :—

(a) Black v. Zevenboom.

(b) Askew v. Danby.

(c) Young v. Mook Ah Meng.

THE LAW OF WRONGS AND THE LAW OF

PROCEDURE.

FIRST PAPER.

Mr. Woinarski.

1. What is "special damage"? What is “malice”? Distinguish "malice from "negligence" and "want of reasonable and probable cause."

Are

there any, and what actions of tort in which it is necessary for a plaintiff to prove—

(a) Special damage?

(b) That the defendant acted maliciously?

2. Within what time after the cause of action has arisen must an action be brought for (a) libel, (b) slander, (c) false imprisonment?

A owns a house, the side wall of which adjoins a field owned by B. In 1892 B excavated for foundations of a house in his field, close to the wall of A's house. In 1901 A's house was damaged by a subsidence, which is proved to be due to B's excavations in 1892. Consider A's remedy.

3. A owns an hotel and appoints B as the manager. C, by mistake, tendered a foreign gold coin at the hotel bar in payment of refreshments received. The coin was refused, taken back, and legal tender substituted. Cthen left the bar, but was subsequently arrested, at the instance of B, for attempting to pass spurious coin. Consider C's remedy against A.

4. Explain the statement of Sir Frederick Pollock that "inevitable accident is not a ground of liability."

5. Explain the functions of the Judge and of the jury respectively on the trial of an action for malicious prosecution. Will such an action lie in the following case?—

A applied ex parte to a magistrate for a warrant against B for perjury, which A stated B had committed in a Court of Petty Sessions. It transpired, however, that though B went into the box and made a statement to the Court, no oath was ever administered to him, and the magistrate declined to grant either a warrant or a summons. Give the reasons for your answer.

6. Is it a necessary condition of liability for deceit (a) that the misrepresentation complained of should have been made directly to the plaintiff? (b) that the defendant should have intended or desired any harm to come to the plaintiff?

7. A's daughter, who was in the service of B, was permitted by B to go out once a week for an afternoon and evening. On such occasions she went to A's house and assisted in household duties. While the daughter was in B's service she was seduced by B, and A sues B for damages for such seduction. Will he succeed ? Give the reasons for your answer.

8. State the law as to homicide upon provocation.

Police officers in charge of a police van have in custody D, a person charged with felony. A, B, C, and others assault the van in concert, rescue the prisoner, and shoot one of the policemen dead with a pistol. The warrant under which D was in custody was informal, but not to the knowledge of A, B, and C. What is the criminal liability of A, B, and C? Give the reasons for your answer.

9. What is abortion? Was it an offence at common law? In what circumstance is the offence (a) a felony, (b) a misdemeanour? If in an attempt to procure abortion the mother is killed, what is the criminal liability of the person attempting abortion? Give the reasons for your answer. 10. (a) A, being employed by B to collect accounts, received a £5 note from C in discharge of a debt of £4 10s. due to B, and promised to send back the change later. A spent the whole £5 for his own purposes.

(b) A, the proprietor of a newspaper, published in it an advertisement by the owner of a bicycle which had been stolen or lost, offering a reward for the return of the bicycle, and stating that "no questions would be asked." (c) A being awaked in the night by a noise in his house gets up, and seeing a notorious thief coming up the stairs fires at him and kills him.

A

State, with your reasons, the liability of 4 in each of the foregoing cases.

11. What is manslaughter? Is a man ever guilty of the crime of manslaughter who has not directly caused any bodily injury to the deceased ?

12. Give in effect the statutory provisions in Victoria upon the punishment of juvenile offenders.

THE LAW OF WRONGS AND THE LAW OF PROCEDURE.

SECOND PAPER.

Mr. Woinarski.

1. (a) When may a plaintiff sue or a defendan.

defend on

persons?

behalf of himself and other

(b) Distinguish "necessary parties" from "proper parties" to an action.