1Practice problems
1.Contract lawMedium
An actress agrees to act only for one studio and not for any other during the contract. She leaves to act for a rival. The court is most likely to:
- AGrant an injunction stopping her acting for the rival
- BOrder her to perform her contract with the studio
- COrder her to pay the rival's profits to the court
- DRefuse any remedy, as personal services are involved
2.Contract lawHard
Under the Vienna Sales Convention (CISG), a reply to an offer that adds non-material terms:
- AHas no legal effect
- BIs always a rejection
- CCreates a contract only after a court confirms that the added terms are non-material
- DIs an acceptance, unless the offeror objects without undue delay
3.Tort lawMedium
Two chimney sweeps die from fumes while sealing a chimney, despite warnings about the danger. In Roles v Nathan, the occupier was:
- ANot liable, because specialists can be expected to guard against risks of their trade
- BLiable, because occupiers must make premises completely safe for every visitor, including specialists
- CNot liable, because the sweeps were trespassers
- DLiable, because the warnings were given orally
4.Tort lawHard
Police officers arresting a suspect in a busy street knock over an elderly pedestrian. In Robinson v Chief Constable of West Yorkshire, the Supreme Court held:
- AA duty arose only because she was a victim of crime
- BNo duty was owed, as the Caparo test was not met for police operations
- CNo duty was owed, because the police are immune
- DA duty was owed, since the police caused harm by a positive act
5.Constitutional lawMedium
Which ground of judicial review applies when a decision-maker ignores a relevant consideration?
- ANone, because courts never review considerations
- BProcedural impropriety only
- CLegitimate expectation only
- DIllegality
6.Constitutional lawHard
In Madzimbamuto v Lardner-Burke, the Privy Council held that the UK Parliament could still legislate for Southern Rhodesia because:
- ARhodesia had consented to the legislation
- BA convention that it would not do so did not limit its legal power
- CRhodesia had become fully independent
- DThe convention was legally binding but had been waived by Rhodesia
7.Criminal lawMedium
D makes repeated silent phone calls to V, causing her psychiatric illness. Following R v Ireland, D can be guilty of:
- AOnly harassment, because no force was used
- BOnly a civil wrong, because no physical harm occurred
- CAn assault, as silent calls can cause apprehension of immediate force
- DNo offence, because words or silence can never amount to an assault in law
8.Criminal lawHard
In R v Hinks (2000), the House of Lords held that:
- AReceiving a valid gift can be an appropriation, so it can be theft if dishonest
- BOnly shop thefts involve appropriation
- CCivil law always decides criminal liability for theft
- DA valid gift can never be theft because full ownership passes to the recipient at once
9.EU lawMedium
An agreement caught by Article 101(1) TFEU may be exempted under Article 101(3) if, among other conditions, it:
- AImproves production or distribution and allows consumers a fair share of the benefit
- BIs notified to and approved by the Commission or the national competition authority in advance
- CHas been in operation for more than five years
- DInvolves companies with combined market shares over 50%
10.EU lawHard
In Dano (2014), the Court held that an economically inactive EU national with no sufficient resources:
- ACould be refused social assistance because she did not meet the residence conditions of Directive 2004/38
- BCould be expelled automatically without any assessment
- CHad to be granted permanent residence after one year
- DHad an absolute right to social assistance on the same terms as nationals, by virtue of Union citizenship alone
2Solutions
1.Contract law
Answer: A · Grant an injunction stopping her acting for the rival
Why this is the answer
Jurisdiction: law of England and Wales. Courts will not order specific performance of personal service contracts, but may enforce an express negative promise by injunction if this does not in practice force the person to perform.
A · Grant an injunction stopping her acting for the rival
2.Contract law
Answer: D · Is an acceptance, unless the offeror objects without undue delay
Why this is the answer
Jurisdiction: international law. Under Article 19 CISG, additions that do not materially alter the offer make the reply an acceptance on the modified terms unless the offeror promptly objects.
D · Is an acceptance, unless the offeror objects without undue delay
3.Tort law
Answer: A · Not liable, because specialists can be expected to guard against risks of their trade
Why this is the answer
Jurisdiction: law of England and Wales. An occupier may expect a person exercising their calling to appreciate and guard against special risks of it. The warnings also helped discharge the duty.
A · Not liable, because specialists can be expected to guard against risks of their trade
4.Tort law
Answer: D · A duty was owed, since the police caused harm by a positive act
Why this is the answer
Jurisdiction: law of England and Wales. The police, like anyone, owe a duty to take care when their positive acts create a foreseeable risk of physical injury. The court also said Caparo is not a three-stage test for every case; established principles apply.
D · A duty was owed, since the police caused harm by a positive act
5.Constitutional law
Answer: D · Illegality
Why this is the answer
Jurisdiction: law of England and Wales. Lord Diplock's grounds are illegality, irrationality and procedural impropriety. Taking irrelevant considerations into account, or ignoring relevant ones, is a form of illegality.
6.Constitutional law
Answer: B · A convention that it would not do so did not limit its legal power
Why this is the answer
Jurisdiction: law of England and Wales. Conventions may make it politically unthinkable for Parliament to act, but they do not limit its legal competence. Courts will apply an Act passed in breach of a convention.
B · A convention that it would not do so did not limit its legal power
7.Criminal law
Answer: C · An assault, as silent calls can cause apprehension of immediate force
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords held that silent calls can be an assault and that recognised psychiatric illness can be actual or grievous bodily harm.
C · An assault, as silent calls can cause apprehension of immediate force
8.Criminal law
Answer: A · Receiving a valid gift can be an appropriation, so it can be theft if dishonest
Why this is the answer
Jurisdiction: law of England and Wales. Hinks extended Gomez: acquiring an indefeasible title to property can still be an appropriation, leaving dishonesty to filter liability.
A · Receiving a valid gift can be an appropriation, so it can be theft if dishonest
9.EU law
Answer: A · Improves production or distribution and allows consumers a fair share of the benefit
Why this is the answer
Jurisdiction: EU law. Article 101(3) requires efficiency gains, a fair share for consumers, restrictions that are indispensable, and no elimination of competition for a substantial part of the products.
A · Improves production or distribution and allows consumers a fair share of the benefit
10.EU law
Answer: A · Could be refused social assistance because she did not meet the residence conditions of Directive 2004/38
Why this is the answer
Jurisdiction: EU law. Equal treatment for social assistance depends on lawful residence under the Directive; a person who moved without resources or seeking work could be excluded.
A · Could be refused social assistance because she did not meet the residence conditions of Directive 2004/38