Introduction to Law: cram pack

Damages for breach of contract are generally meant to:

1. AReturn both parties only to the position they were in before the contract was made
2. BGive the innocent party a profit beyond their loss
3. CPunish the party in breach
4. DPut the innocent party in the position as if the contract had been performed

A van is bought "on hire-purchase terms" with no further detail, and such terms varied widely in practice. In Scammell v Ouston, the House of Lords held:

1. AThe seller's usual terms applied
2. BThere was a contract on the standard hire-purchase terms of the market
3. CThere was a contract at a reasonable price
4. DThere was no contract, because the terms were too vague

Under Dutch law, the general provision for liability for unlawful acts (onrechtmatige daad) is:

1. AArticle 7:17 BW
2. BArticle 6:162 BW
3. CArticle 3:40 BW
4. DArticle 1 of the Constitution

A bank requires job applicants to have medical examinations by a self-employed doctor, who abuses some of them. In Barclays Bank v Various Claimants (2020), the Supreme Court held the bank:

1. AStrictly liable for any harm to applicants
2. BNot vicariously liable, as the doctor was an independent contractor running his own business
3. CVicariously liable, as the relationship was akin to employment and the bank benefited from his work
4. DVicariously liable, because it chose the doctor

Proportionality review usually asks whether a measure:

1. AIs popular with voters
2. BPursues a legitimate aim, is suitable, necessary and balanced
3. CWas adopted quickly
4. DIs the cheapest option available and has been approved by parliament

In R v Home Secretary, ex p Simms, Lord Hoffmann explained the "principle of legality" as meaning that:

1. AParliament cannot legislate against fundamental rights
2. BCourts may strike down Acts that breach fundamental rights
3. CGeneral words in a statute are presumed not to override fundamental rights
4. DMinisters may limit fundamental rights whenever it is in the public interest

Duress as a defence is generally NOT available in English law to a charge of:

1. ATheft
2. BDrug possession
3. CCriminal damage
4. DMurder

In Re A (Conjoined Twins) (2001), the Court of Appeal allowed surgery that would kill the weaker twin to save the stronger. This is often cited as authority that:

1. ADoctors can never be liable for murder
2. BNecessity is a general defence to murder whenever more lives would be saved than lost
3. CParental consent is a defence to homicide
4. DNecessity can, in very exceptional circumstances, justify an act that causes death

Article 34 TFEU prohibits:

1. ACartels between undertakings
2. BDiscrimination based on nationality in employment and the provision of services between member states
3. CState aid to companies
4. DQuantitative restrictions on imports and measures having equivalent effect between member states

Altmark Trans (2003) set conditions under which compensation for public service obligations:

1. AIs always prohibited state aid
2. BIs not state aid because it confers no advantage
3. CCan only be paid to state-owned companies
4. DMust be approved by the European Parliament