1Practice problems
1.Contract lawMedium
An unusual and onerous term in standard conditions will only be incorporated if:
- AIt appears on the back of a receipt
- BIt was fairly and reasonably brought to the other party's attention
- CThe other party could have found it online
- DIt is printed anywhere in the contract documents, however small the type
2.Contract lawHard
A buyer purchases oats thinking they are old oats. The seller knows they are new, but made no statement or promise that they were old. Under Smith v Hughes:
- AThe contract is void for unilateral mistake
- BThe contract is voidable, because the seller's silence amounted to a misrepresentation
- CThe seller had a duty to correct the buyer
- DThe contract is binding, because a mistake about quality alone is not enough
3.Tort lawMedium
Under Froom v Butcher, if wearing a seatbelt would have prevented a car passenger's injuries entirely, damages are usually reduced by:
- A25%
- B10%
- C75%
- D50%
4.Tort lawHard
A petrol station kiosk attendant racially abuses a customer, follows him outside and assaults him. In Mohamud v WM Morrison Supermarkets, the employer was:
- ANot liable, because the assault took place outside the kiosk and after the conversation ended
- BLiable only if it had trained him poorly
- CNot liable, because violence was not part of his job
- DVicariously liable, as the assault was closely connected to his job of serving customers
5.Constitutional lawMedium
Which rights in the ECHR are absolute and allow no derogation even in an emergency?
- AThe prohibition of torture (Article 3)
- BRight to respect for private life (Article 8)
- CFreedom of assembly (Article 11)
- DFreedom of expression (Article 10)
6.Constitutional lawHard
The "margin of appreciation" doctrine of the European Court of Human Rights means that:
- AStates may disregard Strasbourg judgments whenever their own parliament disagrees with the outcome
- BEvery state must apply identical rules
- CStates have some discretion in how they protect rights, especially on sensitive moral issues
- DThe Court never reviews national decisions
7.Criminal lawMedium
In English law, the mens rea of murder is:
- ASubjective recklessness as to causing death or serious harm
- BIntention to frighten the victim
- CNegligence in causing death
- DIntention to kill or to cause grievous bodily harm
8.Criminal lawHard
Which of these is NOT a qualifying trigger for the loss of control defence under section 55 of the Coroners and Justice Act 2009?
- ASexual infidelity, considered on its own
- BA fear of serious violence from the victim
- CA combination of fear of violence and grave provocation
- DThings said or done of an extremely grave character
9.EU lawMedium
The Cassis de Dijon judgment introduced:
- AThe rule that indistinctly applicable measures can be justified only on the grounds listed exhaustively in Article 36 TFEU
- BState liability
- CMutual recognition and mandatory requirements as justifications for indistinctly applicable measures
- DEU citizenship
10.EU lawHard
In Plaumann (1963), a clementine importer challenged a Commission decision addressed to Germany. The Court held that a non-addressee is individually concerned only if:
- AThe act affects them because of attributes or circumstances that distinguish them from all other persons
- BThey have written to the Commission before the act
- CThey suffer a financial loss from the act
- DThey belong to the economic sector affected and carry on the commercial activity that the act regulates, like any other importer
2Solutions
1.Contract law
Answer: B · It was fairly and reasonably brought to the other party's attention
Why this is the answer
Jurisdiction: law of England and Wales. The more unusual or onerous a term, the more must be done to draw attention to it. Lord Denning said some clauses would need a red hand pointing to them.
B · It was fairly and reasonably brought to the other party's attention
2.Contract law
Answer: D · The contract is binding, because a mistake about quality alone is not enough
Why this is the answer
Jurisdiction: law of England and Wales. A party's mistaken belief about quality, not induced by the other, does not affect the contract. The result would differ if the buyer believed the seller was promising old oats and the seller knew it.
D · The contract is binding, because a mistake about quality alone is not enough
3.Tort law
Answer: A · 25%
Why this is the answer
Jurisdiction: law of England and Wales. The guideline is 25% where a seatbelt would have prevented the injury and 15% where it would have reduced its severity, under the Law Reform (Contributory Negligence) Act 1945.
4.Tort law
Answer: D · Vicariously liable, as the assault was closely connected to his job of serving customers
Why this is the answer
Jurisdiction: law of England and Wales. The Supreme Court held that the attendant's job was to deal with customers, and his conduct was an unbroken sequence connected to that role, so it was fair to hold the employer liable.
D · Vicariously liable, as the assault was closely connected to his job of serving customers
5.Constitutional law
Answer: A · The prohibition of torture (Article 3)
Why this is the answer
Jurisdiction: European Convention on Human Rights. Article 3 is absolute: no exceptions or derogations under Article 15. Articles 8–11 are qualified rights that can be restricted when necessary in a democratic society.
A · The prohibition of torture (Article 3)
6.Constitutional law
Answer: C · States have some discretion in how they protect rights, especially on sensitive moral issues
Why this is the answer
Jurisdiction: European Convention on Human Rights. The Court gives national authorities latitude because they are better placed to assess local needs, narrowing it where a European consensus exists or core rights are at stake.
C · States have some discretion in how they protect rights, especially on sensitive moral issues
7.Criminal law
Answer: D · Intention to kill or to cause grievous bodily harm
Why this is the answer
Jurisdiction: law of England and Wales. Murder requires an intention to kill or to cause GBH. Recklessness or gross negligence causing death may amount to manslaughter instead.
D · Intention to kill or to cause grievous bodily harm
8.Criminal law
Answer: A · Sexual infidelity, considered on its own
Why this is the answer
Jurisdiction: law of England and Wales. Section 55(6)(c) says sexual infidelity is to be disregarded as a trigger, but R v Clinton held it may be considered as context for another qualifying trigger.
A · Sexual infidelity, considered on its own
9.EU law
Answer: C · Mutual recognition and mandatory requirements as justifications for indistinctly applicable measures
Why this is the answer
Jurisdiction: EU law. Goods lawfully marketed in one state should in principle be admitted in others (mutual recognition), but states may justify rules on grounds such as consumer protection if proportionate.
C · Mutual recognition and mandatory requirements as justifications for indistinctly applicable measures
10.EU law
Answer: A · The act affects them because of attributes or circumstances that distinguish them from all other persons
Why this is the answer
Jurisdiction: EU law. Because the importer was affected only as a member of an open class of traders, it was not individually concerned; this strict test still governs non-regulatory acts.
A · The act affects them because of attributes or circumstances that distinguish them from all other persons