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8. A, who is carrying on business as a grocer, assigns by deed under seal his stock-in-trade to B, to secure £300 advanced by B and interest. This deed is not registered as a bill of sale. Ten days after the execution of the deed B attempts to take possession of the stock-in-trade, which has remained in A's possession under a power contained in the deed. A refuses to give up possession. Is B entitled to seize? Give the reasons for your answer.

9. A is the owner of a horse which is in the custody of B, a liverystable-keeper. A gives the horse to C, and writes a letter to B, directing him to deliver possession to C. A gives this letter to C. Before C has had time to present the letter A tells B not to deliver the horse to C. Has the property in the horse passed to C? Give the reasons for your answer.

10. Under what circumstances (if any) is an executor beneficially entitled to the undisposed of residue of the real and personal estate of his testator? Give the reasons for your answer.

11. A by his last will devises a sum of Victorian Government Stock to his executors and trustees in trust for B for his life, and after his death in trust for his (B's) executors or administrators. What interest does B take in the stock? Give the reasons for your answer.

12. What is the effect of a conveyance of land in Victoria

(a) To an alien friend?
(b) By an alien friend?

THE LAW OF OBLIGATIONS.

The Board of Examiners.

Wherever possible, give the reasons for your answer.

1. A offered to sell B certain goods for £8. B would not then accept the offer, but stated that he would give A £1 to keep the offer open till 4 o'clock on the following afternoon, to which A agreed. On the following morning A informed B that he had a better offer for the goods, and that he would not keep them till 4 o'clock, but B insisted that they should be kept. At noon B informed A that he accepted his offer, and tendered the sum of £9, but A refused the money, stating, as the fact was, that he had disposed of the goods. Can B succeed in an action for breach of contract?

2. Give a definition of—

(a) Estoppel by deed.
(b) Merger.
(c) Escrow.

3. In an action for work and labour, claiming £20,

it is contended by the defendant that the action should really be one for the sale of goods, and that the 17th section of the Statute of Frauds applies. State the principle on which you would rely to ascertain whether plaintiff's or defendant's view is correct.

4. A, an infant, purchased articles (not necessaries) from B for the sum of £8. After A attained his majority he signed a document in which he

ratified the contract and promised to pay the debt. B having sued for the debt, A contends that there is no consideration for the promise after full age, and therefore that he is not liable. Can B succeed in his action ?

5. In what cases does mistake as to the person with whom an agreement is made render the agreement void?

6. Is it necessary to show a dishonest or wrong motive on the part of defendant in an action for fraudulent misrepresentation? Illustrate your answer by examples.

7. State shortly the more important classes of agreements which are held to be in breach of the policy of the law.

8. To what extent do contractual obligations pass in death to the personal representatives of the deceased?

9. State and illustrate the modes in which a contract can be discharged by agreement.

10. State shortly the reasons for and the limitations to the rule delegatus non potest delegare.

11. What is known as "Table A" in the Schedule to the Companies Act? In what cases and to what extent is it applicable to the affairs of a registered company?

12. Summarize the provisions of the Instruments Act 1890 relating to the negotiation of an overdue bill of exchange.

THE LAW OF WRONGS.

The Board of Examiners.

1. The owner of a horse and cart left them unwatched in the street. Some children came up and began playing about the cart, and as one of them, the plaintiff in the cause, was climbing into the cart another pulled the horse's bridle. The horse moved on, and the plaintiff fell down under the wheel of the cart and was injured. Discuss the liability of the owner of the cart.

2. The defendant caused his van to be washed in a public street, contrary to the Metropolitan Police Act. The water ran down a gutter, and would, in fact, but for a hard frost which had then set in for some time, have run harmlessly down a grating into the sewer at a corner some 25 yards from where the van was washed. As it happened, the grating was frozen over, and the water spread out and formed into a sheet of ice, and the plaintiff's horse slipped on the ice and broke its knee. Discuss the liability of the defendant.

3. Explain shortly the effect of the maxim

"Actio personalis moritur cum personâ."

4. Under what circumstances is a master held to be liable for injury caused by his servant? Illustrate your answer by decided cases.

5. Discuss the liability of a Judge for any acts done or words spoken in his judicial capacity in a Court of Justice.

6. The plaintiff, driving a cab, was run down by a van, negligently driven by the defendant's servant. The cab was damaged, and the plaintiff was personally injured. He sued and recovered damages for the injury to the cab. Can he bring a further action for damages for his personal injuries? Give reasons for your answer.

7. State the principal grounds of defence to an action for arrest and imprisonment.

8. Define "malice" as an ingredient in an action for malicious prosecution or malicious arrest. What are the respective functions of the Judge and the Jury in an action for malicious prosecution?

9. Explain what is meant by "privilege" as a defence to an action for defamation. Into what classes is "privilege" divided? Give an illustration of each. Distinguish between the defence of "privilege" and that of "fair comment."

10. Distinguish between public and private nuisances. Give an example of each; and what are the remedies in either case?

11. Discuss the defence of insanity in a criminal charge.

12. Define murder, manslaughter, bigamy, arson, and larceny at Common Law.

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