Introduction to Law: cram pack

A creditor agrees to take £600 in full settlement of a £1,000 debt that is due, then sues for the other £400. Under Pinnel's Case and Foakes v Beer, the creditor:

1. ACannot recover anything more
2. BMust give back the £600 first
3. CCan usually recover the £400
4. DCan recover only if the agreement was oral

Asked to "telegraph lowest cash price" for a property, the owner replies "Lowest price £900". The enquirer then telegraphs that he accepts. In Harvey v Facey:

1. AThere was a contract at £900
2. BThere was no contract, because stating a lowest price was not an offer
3. CThere was a contract at a reasonable price
4. DThe reply was a counter-offer, which the enquirer's telegram then accepted

A surgeon fails to warn a patient of a small risk of a serious complication. The patient would have had the operation anyway, but later. The risk materialises. In Chester v Afshar, the House of Lords held:

1. AThe patient consented, so there was no claim
2. BThe surgeon was liable only for the cost of the operation
3. CThe surgeon was not liable, as the "but for" test failed
4. DThe surgeon was liable, modifying normal causation principles

A mother arrives at hospital about two hours after a road accident and sees her family injured and covered in blood. In McLoughlin v O'Brian, she:

1. ACould not recover, as she was only told about it
2. BCould recover only for financial losses
3. CCould not recover, as she was not at the scene
4. DCould recover, as she saw the immediate aftermath

Which ground of judicial review applies when a decision-maker ignores a relevant consideration?

1. AProcedural impropriety only
2. BLegitimate expectation only
3. CIllegality
4. DNone, because courts never review considerations

The government introduces high fees for bringing claims to employment tribunals, and the number of claims falls sharply. In R (UNISON) v Lord Chancellor (2017), the Supreme Court held:

1. AThe fees were unlawful because they prevented access to justice
2. BThe fees breached only EU competition law
3. CThe fees were lawful because users of the courts must pay for them
4. DThe fees were lawful because Parliament authorised fees

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 R v Cunningham (1957), D tore a gas meter off a wall to steal money; gas leaked and poisoned a neighbour. The court held "maliciously" means:

1. AActing with wickedness or ill will towards the victim, as in ordinary usage
2. BIntending the harm or foreseeing the risk of it and taking it anyway
3. CFailing to notice a risk an ordinary person would see
4. DActing in a way that is against the law

Van Gend en Loos (1963) established that:

1. AMember states can leave the EU at will
2. BTreaty provisions can have direct effect and create rights for individuals in national courts
3. CDirectives have horizontal direct effect
4. DTreaty provisions bind only the member states and never create rights for individuals before national courts

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:

1. AThe act affects them because of attributes or circumstances that distinguish them from all other persons
2. BThey belong to the economic sector affected and carry on the commercial activity that the act regulates, like any other importer
3. CThey suffer a financial loss from the act
4. DThey have written to the Commission before the act