SQE2 Legal Drafting

Question 1

When drafting a commercial lease, which of the following clauses is essential to protect the landlord's interest?

Accepted Answer

A rent review clause specifying the mechanism and frequency of rent adjustments

Answer

A rent review clause is essential in a commercial lease as it protects the landlord's income against inflation and market changes. It should specify the review frequency (typically every 3-5 years), the review mechanism (open market, RPI, or fixed increases), and the procedure for resolving disputes.

Question 2

In contract drafting, what is the purpose of a force majeure clause?

Accepted Answer

To allocate risk for events beyond the parties' control that prevent performance, such as natural disasters, pandemics, or war

Answer

A force majeure clause addresses events beyond the parties' reasonable control that prevent or delay performance. It typically lists qualifying events, specifies the consequences (suspension or termination), and sets out notification requirements. English law does not imply force majeure — it must be expressly drafted.

Question 3

When drafting a will, what is the attestation clause and why is it important?

Accepted Answer

It confirms that the will was signed by the testator in the presence of two witnesses who also signed in the testator's presence, satisfying section 9 of the Wills Act 1837

Answer

The attestation clause confirms compliance with the formalities of section 9 of the Wills Act 1837: that the testator signed (or acknowledged their signature) in the presence of two witnesses, who then signed in the testator's presence. It creates a presumption of due execution.

Question 4

What is the purpose of a definitions clause at the beginning of a legal document?

Accepted Answer

To assign specific meanings to key terms used throughout the document, ensuring consistency and avoiding ambiguity

Answer

A definitions clause assigns precise meanings to key terms used throughout the document. This ensures consistency, reduces ambiguity, avoids repetition of lengthy descriptions, and helps all parties understand exactly what each defined term encompasses.

Question 5

When drafting an indemnity clause, what key distinction should the drafter understand?

Accepted Answer

An indemnity is a primary obligation to compensate for loss, while a limitation of liability clause caps the amount recoverable — the drafter must balance protection for both parties

Answer

An indemnity creates a primary obligation to compensate for specified losses, operating independently of a claim for damages. The drafter must carefully consider the scope (what triggers the indemnity), any caps or exclusions, the relationship with limitation of liability clauses, and fairness under UCTA 1977.

SQE2 Practice Test

SQE2 Practice Test

SQE2 Legal Drafting