Property essay · Webb v Ireland

Solid pass. The 1994 Act citations cost you the merit.

Scored against the FE-1 examiner rubric for October 2024 Q3 · 18 min 42 sec elapsed · 342 words

You handled the Webb authority cleanly and framed the issue well. The 1994 Act application was the missed mark — the examiner report for this paper specifically flagged that candidates citing the Act without sections lost the merit band.

Predicted band
52
Pass · just under merit
Top two fixes
  1. 1
    Cite the section of the 1994 Act.

    Right now you say "the Act codifies the position" but never reach for the specific provision.

    "The Act of 1994 codifies the position by vesting all archaeological objects in the State..."
    → Add: "s.2(1) of the National Monuments (Amendment) Act 1994 vests..."
  2. 2
    Quote the Webb ratio, not just the holding.

    You name Finlay CJ and the doctrinal hook (res nullius) but stop short of the actual ratio line.

    "In Webb v Ireland [1988] IR 353, Finlay CJ held that the State's claim derived from..."
    → Add the "sovereign over res nullius" formulation. That is the line examiners look for.
Citations
●
Webb v Ireland [1988] IR 353
Cited in 14 past papers · Property foundational
Verified
●
National Monuments Act 1994
No section reference · costs merit band
Incomplete
●
Derrynaflan hoard
Factual reference · contextual only
Verified

How yours compares to the examiner's model answer

Side-by-side on the two paragraphs the examiner report calls out as differentiators.

Your para 3

"The Act of 1994 codifies the position by vesting all archaeological objects in the State. This appears to remove the common-law uncertainty Finlay CJ resolved in Webb."

Examiner model

"Section 2(1) of the National Monuments (Amendment) Act 1994 statutorily vests in the State the ownership of every archaeological object found in the State... thereby giving legislative force to what Finlay CJ characterised as the State's sovereign claim over res nullius."

Predictor impact: Property 43 → 46 +3 Two more Property essays this fortnight at this level lifts the band into the amber zone.
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