Exam Part A- Scenario Question PDF

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Exam Part A: Question 1 (Compulsory Question) PART A – COMPULSORY QUESTION 1.

Tom McTrump is 16 on 1 May 2020, but sadly on the day of his birthday his father the Donald McTrump, dies leaving him a lavish mansion in Aberdeenshire called the White House and the island of Fiona in the Western Isles and a fortune of £300 million and a Ferrari sports car and a Rolls Royce. Tom is very upset as is his mother Sarah. Immediately after the funeral Tom goes to the pub with his best friend Bill and gets very drunk, so drunk he cannot walk home. In gratitude for Bill seeing him safely home Tom gives him the Ferrari as a present that very night. A few days later Sarah asks Tom if she can carry on living in the White House for free and will he give her enough money to support her lavish lifestyle? She follows this up with several pleading emails and tearful meetings. In response to his mother’s pleas a grief-stricken Tom sends a signed letter to Sarah in the following terms: “10 May 2020 Because you’re a great mum and because you are used to a lavish lifestyle I give to you the right to live in the White House for life and I will pay you an allowance of £20,000 per month for the rest of your life. Your adoring son Tom” In June 2020 Tom decides to sell off the island of Fiona which is a barren place occupied only by sheep and a farmer to look after the sheep and advertises it for sale for offers over £1 million. Mr Stone agrees to buy the island at this price. A contract is signed, and the relevant deed registered with Scottish Land Register by the end of July. Stone, who is a trained geologist, believes there are valuable gold deposits under the island estate but fails to mention this to Tom. After the island has been sold, Stone conducts a geological survey which confirms there is gold under the estate worth at least £100 million. Tom is furious when he hears this. In July 2020 Tom engages local Aberdeen builder Stuart Minted to build him a new state of the art mansion at a cost of £20million. The contract, dated 11 July 2020 contains, among others, the following clauses: “Clause 1. This is a contract between Tom McTrump (hereafter referred to as “the client”) and Stuart Minted (hereafter referred to as “the contractor”) for the building of a 10 bed roomed luxury dwelling at 1 Manor Avenue, Aberdeen (hereafter referred to as “the dwelling”). Clause 2. (a) The contractor will be paid £20 million on completion of the dwelling subject to the client taking possession and confirming that he accepts that the dwelling is of satisfactory quality. The dwelling must be completed by 1 June 2021. (b) If the dwelling is not competed by 1 June

2021 the contractor must pay the client £1,000 a day until the dwelling is completed. Clause 20. The contractor shall not be liable in respect of any damage caused to any property, or for any personal injury and/or loss of life, which arise either during or after the erection of the dwelling. Stuart Minted’s employees all have to sign a sign a contract saying that “Stuart Minted, the employer shall not be liable in respect of any damage or any personal injury and/or loss of life to any employee which arises during the course of their employment even if the case of injury or death is the negligence of Stuart Minted.” The building works commence in August but sadly while working one of Stuart Minted’s employees, Jim, is killed due to the negligence of Stuart Minted. Jim’s widow decides to sue both Stuart Minted and Tom each for £1,000,000 in compensation for the loss of her husband. Next due to the coronavirus the entire workforce falls ill which results in the dwelling being completed 100 days late. Tom therefore demands payment from Stuart Minted under clause 2(b) and in the meantime withholds all payment to Stuart Minted under clause 2(a). In August Tom decides to live a greener lifestyle and decides to sell his Rolls Royce. He places an avert in the paper offering the car for sale for £100,000. Mary sees the advert and phones Tom saying she will give him £90,000. Tom rejects this and Mary then says she will pay him the asking price, but Tom is so annoyed at the haggling he refuses to sell her the car. Instead Tom sells the car to Ann who pays by cheque and drives off with the car. Ann then sells the car to Debbie for £50,000. However, Ann is a rogue who has given a false name and paid with a forged cheque which bounces but luckily Tom spots his old car parked in the street and tells Debbie she must return the car to him which she refuses to do. Meanwhile as he now has no car Tom tells his best friend Bill that he wants the Ferrari back. Bill refuses. Tom has also fallen out with his mother and tells her she must leave the White House at the end of October as he now wants to live there and that he will no longer pay her £20,000 per month. Sarah tells Tom she is not moving and she expects to get her £20,000 per month. Quid Juris? (What is the law?) Advise Tom of his rights and obligations to the various parties named and involved in the events above....