1Practice problems
1.Contract lawMedium
Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:
- AAlways, because businesses can bargain freely
- BNever, in any circumstances
- COnly if signed by a company director
- DOnly if it satisfies the requirement of reasonableness
2.Contract lawHard
A builder agrees to finish work for an agreed price, then demands more money. The client pays to avoid delay and gets a practical benefit. In English law (Williams v Roffey), the promise to pay more may be:
- AEnforceable, because the practical benefit can be consideration if there is no duress
- BA criminal offence
- CUnenforceable, because performing an existing contractual duty can never be good consideration
- DEnforceable only if made in writing
3.Tort lawMedium
A worker inhales silica dust from two sources, only one of which was due to the employer's breach. In Bonnington Castings v Wardlaw, the employer was liable because the guilty dust:
- AMaterially contributed to the disease
- BWas more than half of the total dust
- CWas easier to prevent than the other dust
- DWas the only cause of the disease
4.Tort lawHard
A worker gets dermatitis from brick dust. The employer did not provide washing facilities, but science could not show that washing would have prevented it. In McGhee v National Coal Board:
- AThe worker was barred by consenting to the risk
- BThe employer was liable, because its breach materially increased the risk
- CThe employer was not liable, because the "but for" test could not be satisfied
- DThe employer was liable for half the damages only
5.Constitutional lawMedium
Under ECHR case law such as Sunday Times v UK, for a restriction to be "prescribed by law", the law must be:
- AAdequately accessible and foreseeable in its effects
- BContained in a single written statute passed by parliament
- CApproved by a referendum
- DOlder than the Convention
6.Constitutional lawHard
A woman with a terminal illness asks for a guarantee that her husband will not be prosecuted for helping her die. In Pretty v UK, the European Court of Human Rights held that Article 2:
- ARequires states to allow assisted suicide
- BWas not engaged by her case at all
- CRequires an immunity for her husband
- DDoes not include a right to die
7.Criminal lawMedium
D and V are playing a properly organised rugby match. D tackles V within the rules and V breaks a leg. D is most likely:
- ANot liable, because players consent to injuries within the rules of the game
- BLiable for battery, because consent is never a defence to serious bodily harm
- CLiable, because rugby is not a recognised sport
- DLiable for GBH, because a serious injury was caused
8.Criminal lawHard
In R v Larsonneur (1933), a French woman was convicted of being an illegal alien in the UK after being brought there by police against her will. The case illustrates:
- ATransferred malice from the police to the defendant
- BA state of affairs offence where liability arose without a voluntary act
- CThe requirement of a duty for omissions
- DThe defence of duress of circumstances excusing an involuntary immigration offence
9.EU lawMedium
The ordinary legislative procedure gives equal law-making roles to:
- ANational parliaments and the Commission
- BThe European Council and the Central Bank
- CThe European Parliament and the Council
- DThe Commission and the Court of Justice
10.EU lawHard
In Commission v Italy (trailers, 2009), an Italian ban on motorcycles towing trailers was held to be:
- AA measure having equivalent effect, because it hindered access to the market for the product
- BA selling arrangement outside Article 34
- COutside Article 34 because it applied equally to domestic and imported motorcycles and trailers alike
- DA customs duty contrary to Article 30
2Solutions
1.Contract law
Answer: D · Only if it satisfies the requirement of reasonableness
Why this is the answer
Jurisdiction: law of England and Wales. Liability for negligently caused loss other than death or personal injury can be excluded only if the term is fair and reasonable, judged by the circumstances known when the contract was made.
D · Only if it satisfies the requirement of reasonableness
2.Contract law
Answer: A · Enforceable, because the practical benefit can be consideration if there is no duress
Why this is the answer
Jurisdiction: law of England and Wales. Williams v Roffey held that a practical benefit to the promisor can be good consideration for paying more for the same work, provided there is no economic duress.
A · Enforceable, because the practical benefit can be consideration if there is no duress
3.Tort law
Answer: A · Materially contributed to the disease
Why this is the answer
Jurisdiction: law of England and Wales. Where a disease is caused by a cumulative process, a claimant succeeds by proving that the tortious source made a material contribution to it, even if it was not the sole cause.
A · Materially contributed to the disease
4.Tort law
Answer: B · The employer was liable, because its breach materially increased the risk
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords treated a material increase in risk as equivalent to a material contribution to the harm. Fairchild later explained McGhee as a special exception to normal causation.
B · The employer was liable, because its breach materially increased the risk
5.Constitutional law
Answer: A · Adequately accessible and foreseeable in its effects
Why this is the answer
Jurisdiction: European Convention on Human Rights. The legal basis can include common law, but it must be accessible and formulated with enough precision for people to foresee the consequences of their actions.
A · Adequately accessible and foreseeable in its effects
6.Constitutional law
Answer: D · Does not include a right to die
Why this is the answer
Jurisdiction: European Convention on Human Rights. Article 2 cannot be interpreted as giving the opposite right to choose death. The Court also accepted that Article 8 was engaged but that the ban on assisted suicide was justified.
D · Does not include a right to die
7.Criminal law
Answer: A · Not liable, because players consent to injuries within the rules of the game
Why this is the answer
Jurisdiction: law of England and Wales. Players impliedly consent to contact within the rules and to risks reasonably incidental to the game; deliberate off-the-ball violence is different (R v Barnes).
A · Not liable, because players consent to injuries within the rules of the game
8.Criminal law
Answer: B · A state of affairs offence where liability arose without a voluntary act
Why this is the answer
Jurisdiction: law of England and Wales. Larsonneur and Winzar are criticised examples where courts imposed liability for simply being found in a situation, even though the defendant did not act voluntarily.
B · A state of affairs offence where liability arose without a voluntary act
9.EU law
Answer: C · 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.
C · The European Parliament and the Council
10.EU law
Answer: A · A measure having equivalent effect, because it hindered access to the market for the product
Why this is the answer
Jurisdiction: EU law. The Court held that restrictions on use that prevent or greatly limit demand hinder market access and fall under Article 34, though they may be justified, here by road safety.
A · A measure having equivalent effect, because it hindered access to the market for the product