Introduction to Law: cram pack

Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.

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1Practice problems

1.Contract lawMedium

Sailors are promised extra wages for sailing a ship home after two crew members desert, but they do no more than their contract already required. In Stilk v Myrick the promise was:

  1. AUnenforceable for lack of consideration
  2. BEnforceable as a practical benefit
  3. CUnenforceable because it was made at sea
  4. DEnforceable because the captain agreed freely
2.Contract lawHard

A distribution agreement says it is not a formal or legal agreement and is "binding in honour only". In Rose and Frank v Crompton, the court held:

  1. AThe agreement was binding despite those words
  2. BThe agreement itself was not legally binding
  3. CThe agreement was void as illegal
  4. DThe agreement was a deed and binding
3.Tort lawMedium

A cricket ball is hit out of a ground very rarely and injures a passer-by. In Bolton v Stone, the club was:

  1. ANegligent, because it did not stop playing cricket
  2. BNot negligent, because the risk was very small
  3. CStrictly liable for anything leaving the ground
  4. DNegligent, because the injury was foreseeable
4.Tort lawHard

A council's water pipe to a block of flats leaks and causes an embankment to collapse, exposing a gas main. In Transco v Stockport MBC, the House of Lords held:

  1. AThere was no Rylands liability, because supplying water by pipe was not a non-natural use
  2. BThe council was strictly liable for all escaping water
  3. CThe council was liable in negligence for the leak
  4. DRylands v Fletcher was abolished in English law
5.Constitutional lawMedium

Under the UK Human Rights Act 1998, if a court cannot read an Act compatibly with Convention rights, it can:

  1. ARefer the case to the European Court of Human Rights automatically
  2. BMake a declaration of incompatibility, leaving the Act in force
  3. CStrike down the Act immediately
  4. DOrder Parliament to amend the Act within a month
6.Constitutional lawHard

Walter Bagehot described the "efficient secret" of the English constitution as:

  1. AThe strict separation of all three powers
  2. BThe monarch's power to veto legislation
  3. CThe independence of the House of Lords
  4. DThe close union of the executive and legislative powers
7.Criminal lawMedium

D takes his own car from a garage without paying for repairs. Following R v Turner (No 2), D can be guilty of theft because:

  1. AThe car was worth more after the repairs
  2. BD intended to return the car later
  3. COwners who take back their own property are always acting dishonestly
  4. DProperty belongs to anyone who has possession or control of it
8.Criminal lawHard

Gross negligence manslaughter in English law (R v Adomako) requires:

  1. AIntention to kill
  2. BSubjective recklessness about death
  3. CA duty of care, breach causing death, and negligence so bad that it should be criminal
  4. DAn unlawful and dangerous act causing death, judged objectively by sober and reasonable people
9.EU lawMedium

Under the Lisbon voting rules, a blocking minority in the Council must include at least:

  1. AHalf of the member states
  2. BTwo member states
  3. CFour member states
  4. DTen member states
10.EU lawHard

In Les Verts v European Parliament (1986), the Court held that acts of the Parliament intended to have legal effects on third parties:

  1. ACan only be challenged by member states
  2. BAre immune from review because the Parliament is directly elected by the citizens
  3. CAre reviewable only by national constitutional courts
  4. DCan be challenged, because the Community is based on the rule of law

2Solutions

1.Contract law

Answer: A · Unenforceable for lack of consideration

Why this is the answer

Jurisdiction: law of England and Wales. Performing an existing contractual duty owed to the promisor was not consideration. In Hartley v Ponsonby the crew went beyond their duty because the voyage became dangerous, so extra pay was enforceable.

Answer

A · Unenforceable for lack of consideration
2.Contract law

Answer: B · The agreement itself was not legally binding

Why this is the answer

Jurisdiction: law of England and Wales. The express wording rebutted the commercial presumption of legal intention. Individual orders that were placed and accepted under the arrangement were, however, binding contracts.

Answer

B · The agreement itself was not legally binding
3.Tort law

Answer: B · Not negligent, because the risk was very small

Why this is the answer

Jurisdiction: law of England and Wales. A reasonable person need not guard against every foreseeable risk. The probability of injury was so low that a reasonable club would not have taken further precautions.

Answer

B · Not negligent, because the risk was very small
4.Tort law

Answer: A · There was no Rylands liability, because supplying water by pipe was not a non-natural use

Why this is the answer

Jurisdiction: law of England and Wales. The Lords kept the rule but confined it. A water supply pipe was an ordinary use, not one creating an exceptionally high risk, so there was no strict liability.

Answer

A · There was no Rylands liability, because supplying water by pipe was not a non-natural use
5.Constitutional law

Answer: B · Make a declaration of incompatibility, leaving the Act in force

Why this is the answer

Jurisdiction: law of England and Wales. Courts must interpret legislation compatibly where possible (section 3). Otherwise higher courts may issue a declaration of incompatibility (section 4), but the Act remains valid.

Answer

B · Make a declaration of incompatibility, leaving the Act in force
6.Constitutional law

Answer: D · The close union of the executive and legislative powers

Why this is the answer

Jurisdiction: law of England and Wales. Bagehot argued that the Cabinet, drawn from and dependent on Parliament, fused executive and legislature. This contrasts with the US-style separation of powers.

Answer

D · The close union of the executive and legislative powers
7.Criminal law

Answer: D · Property belongs to anyone who has possession or control of it

Why this is the answer

Jurisdiction: law of England and Wales. Under s5(1) property belongs to anyone with possession or control or a proprietary interest, so an owner can steal from a person in possession.

Answer

D · Property belongs to anyone who has possession or control of it
8.Criminal law

Answer: C · A duty of care, breach causing death, and negligence so bad that it should be criminal

Why this is the answer

Jurisdiction: law of England and Wales. The jury must find a duty, a breach causing death and that the breach was so gross as to deserve criminal sanction; a serious and obvious risk of death must have been foreseeable.

Answer

C · A duty of care, breach causing death, and negligence so bad that it should be criminal
9.EU law

Answer: C · Four member states

Why this is the answer

Jurisdiction: EU law. Article 16(4) TEU requires a blocking minority of at least four Council members; otherwise the qualified majority is deemed attained.

Answer

C · Four member states
10.EU law

Answer: D · Can be challenged, because the Community is based on the rule of law

Why this is the answer

Jurisdiction: EU law. The Court read the annulment provision broadly because a Community based on the rule of law cannot allow binding acts to escape judicial review.

Answer

D · Can be challenged, because the Community is based on the rule of law

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