1Practice problems
1.Contract lawMedium
An actor withdraws from a TV film and the company cannot prove what profit the film would have made. It may claim:
- AIts wasted expenditure, including costs incurred before the contract
- BOnly nominal damages of a small sum
- CPunitive damages to deter the actor
- DIts estimated profits from the film, even if they are purely speculative
2.Contract lawHard
A seller agreed to ship goods from Sudan to Hamburg. The Suez Canal was closed, so the ship had to go round the Cape of Good Hope, a much longer route. In Tsakiroglou v Noblee Thorl:
- AThe contract was frustrated, as shipping via the usual Suez route had become impossible
- BThe contract was void from the start
- CThe contract was not frustrated, as the longer route was not fundamentally different
- DThe buyer had to pay the extra freight costs
3.Tort lawMedium
A man bangs trays and shouts every time his neighbour, a music teacher, gives lessons, purely to annoy her. In Christie v Davey, the court held:
- AIntention is irrelevant in nuisance, so his motive could not affect the claim
- BMusic lessons are themselves a nuisance
- COnly the police could deal with the noise
- DHis malice made the noise an unreasonable use of land and a nuisance
4.Tort lawHard
An internal auditor with a grudge against his employer leaks staff payroll data online. In WM Morrison Supermarkets v Various Claimants (2020), the Supreme Court held the employer:
- ALiable only to staff whose data was used for fraud
- BVicariously liable, as he had access to the data through his job
- CNot vicariously liable, as he was pursuing a personal vendetta
- DVicariously liable, as data breaches are strict liability
5.Constitutional lawMedium
In Dudgeon v UK, the European Court of Human Rights held that criminalising consensual homosexual acts between adult men in Northern Ireland:
- AWas outside the scope of the Convention
- BWas justified under Article 8(2) as necessary to protect public morals
- CViolated the right to respect for private life under Article 8
- DViolated only the right to marry
6.Constitutional lawHard
A health authority moves a severely disabled woman into a care home after promising it would be her "home for life", then decides to close it. In R v North and East Devon HA, ex p Coughlan:
- AFrustrating her substantive legitimate expectation was an abuse of power
- BOnly a fair consultation was required
- CThe promise was void because the authority had no statutory power to make it
- DThe promise could be broken whenever policy changed
7.Criminal lawMedium
Involuntary intoxication can be a defence when:
- AThe defendant chose to drink heavily
- BThe offence is a strict liability offence
- CIt meant the defendant lacked the required mens rea
- DThe defendant was less inhibited but still formed intent
8.Criminal lawHard
R v Gomez (1993) held that an appropriation in theft:
- ACan occur even when the owner consents, if the consent was obtained by deception
- BRequires that the act was not authorised by the owner, even if consent was obtained by fraud
- CRequires a physical taking of the property
- DOnly occurs when the defendant leaves the shop
9.EU lawMedium
The ordinary legislative procedure gives equal law-making roles to:
- AThe European Parliament and the Council
- BThe European Council and the Central Bank
- CNational parliaments and the Commission
- DThe Commission and the Court of Justice
10.EU lawHard
Altmark Trans (2003) set conditions under which compensation for public service obligations:
- AIs always prohibited state aid
- BIs not state aid because it confers no advantage
- CCan only be paid to state-owned companies
- DMust be approved by the European Parliament
2Solutions
1.Contract law
Answer: A · Its wasted expenditure, including costs incurred before the contract
Why this is the answer
Jurisdiction: law of England and Wales. Where expectation loss is too uncertain, the claimant may claim reliance loss instead. In Anglia TV, pre-contract expenses were recoverable as they were in the parties' contemplation as likely to be wasted.
A · Its wasted expenditure, including costs incurred before the contract
2.Contract law
Answer: C · The contract was not frustrated, as the longer route was not fundamentally different
Why this is the answer
Jurisdiction: law of England and Wales. The contract did not require shipment via Suez. Going round the Cape was more expensive but not a fundamentally different performance.
C · The contract was not frustrated, as the longer route was not fundamentally different
3.Tort law
Answer: D · His malice made the noise an unreasonable use of land and a nuisance
Why this is the answer
Jurisdiction: law of England and Wales. Deliberate, spiteful conduct can turn what might otherwise be acceptable noise into a nuisance. Hollywood Silver Fox Farm v Emmett is a similar case.
D · His malice made the noise an unreasonable use of land and a nuisance
4.Tort law
Answer: C · Not vicariously liable, as he was pursuing a personal vendetta
Why this is the answer
Jurisdiction: law of England and Wales. Giving the employee the opportunity to commit the wrong was not enough. He was not engaged in furthering the employer's business but pursuing a personal aim, so the close connection test was not met.
C · Not vicariously liable, as he was pursuing a personal vendetta
5.Constitutional law
Answer: C · Violated the right to respect for private life under Article 8
Why this is the answer
Jurisdiction: European Convention on Human Rights. The Court held that criminalising private consensual sexual acts was not necessary in a democratic society and breached Article 8.
C · Violated the right to respect for private life under Article 8
6.Constitutional law
Answer: A · Frustrating her substantive legitimate expectation was an abuse of power
Why this is the answer
Jurisdiction: law of England and Wales. The Court of Appeal held that a specific promise to a small group can create a substantive legitimate expectation. Breaking it without an overriding public interest was so unfair it was an abuse of power.
A · Frustrating her substantive legitimate expectation was an abuse of power
7.Criminal law
Answer: C · It meant the defendant lacked the required mens rea
Why this is the answer
Jurisdiction: law of England and Wales. Involuntary intoxication helps only where it prevents the defendant forming the mens rea; reduced inhibitions are not enough.
C · It meant the defendant lacked the required mens rea
8.Criminal law
Answer: A · Can occur even when the owner consents, if the consent was obtained by deception
Why this is the answer
Jurisdiction: law of England and Wales. Gomez held that any assumption of the rights of an owner is an appropriation, whether or not the owner consented, overruling the narrower view in Morris.
A · Can occur even when the owner consents, if the consent was obtained by deception
9.EU law
Answer: A · The European Parliament and the Council
Why this is the answer
Jurisdiction: EU law. Under Article 294 TFEU, legislation is adopted jointly by Parliament and Council on a proposal from the Commission.
A · The European Parliament and the Council
10.EU law
Answer: B · Is not state aid because it confers no advantage
Why this is the answer
Jurisdiction: EU law. If the obligations are clearly defined, parameters are set in advance, compensation does not exceed costs plus reasonable profit, and costs reflect an efficient undertaking or tender, there is no advantage and no aid.
B · Is not state aid because it confers no advantage