1Practice problems
1.Contract lawMedium
A boiler is delivered late to a laundry. The seller knew it was needed for the business but not about especially lucrative dyeing contracts. Under Victoria Laundry v Newman, the laundry recovers:
- ANothing, because all lost profits are too remote
- BAll lost profits, including those from the especially lucrative dyeing contracts
- COnly the price it paid for the boiler
- DOrdinary lost profits, but not the profits from the special contracts
2.Contract lawHard
A former spy publishes his memoirs in breach of his undertaking not to disclose official information. In AG v Blake, the House of Lords:
- AOrdered him to account for his profits, in an exceptional case
- BAwarded only nominal damages
- CAwarded punitive damages to the Crown
- DHeld that no remedy was available
3.Tort lawMedium
A young man dives into a shallow lake in a public park despite warning signs and is paralysed. In Tomlinson v Congleton BC, the council was:
- ALiable, because the signs were ignored by many
- BLiable for half of the damage
- CLiable, because it did not destroy the beach
- DNot liable, because the risk was obvious and voluntarily taken
4.Tort lawHard
After drinking together for hours, a man agrees to fly with an obviously very drunk pilot, and the plane crashes. In Morris v Murray, the passenger's claim:
- ASucceeded, with damages reduced for contributory negligence
- BFailed, because of illegality
- CFailed, because he voluntarily accepted the risk
- DSucceeded, because volenti never applies to passengers
5.Constitutional lawMedium
Under section 2 of the UK Human Rights Act 1998, UK courts must, when deciding Convention rights questions:
- ARefer all questions to Strasbourg
- BIgnore Strasbourg case law
- CFollow every relevant Strasbourg judgment strictly, as binding precedent
- DTake into account judgments of the European Court of Human Rights
6.Constitutional lawHard
The "dualist" approach to international law means that:
- ATreaties cannot be signed without a referendum
- BTreaties must be incorporated into national law before courts apply them domestically
- CCourts must apply only international law
- DInternational law applies automatically in national courts as soon as a treaty is ratified
7.Criminal lawMedium
Strict liability offences are offences where:
- ALiability arises only if the defendant was negligent as to every element
- BThe defendant must confess
- COnly intentional acts count
- DNo mens rea is required for at least one element of the actus reus
8.Criminal lawHard
Why is the principle of "lex certa" important in criminal law?
- ALaws must be certain to be enforced, so the police have no discretion in applying them
- BJudges must be certain before sentencing
- CCriminal laws must be clear enough for people to foresee what is punishable
- DOnly certain crimes can be prosecuted
9.EU lawMedium
A member state grants a subsidy to a company without notifying the Commission. Under the state aid rules, the state:
- AHas acted lawfully if the subsidy was small in its view
- BBreached the standstill obligation and may be required to recover the aid
- CMust pay a fine to every competitor
- DMust obtain approval from the European Parliament afterwards to legalise the aid
10.EU lawHard
In Faccini Dori (1994), a consumer tried to rely on an untransposed consumer directive against a private company. The Court held that:
- AThe directive had horizontal direct effect, because consumers are the weaker contracting parties
- BDirectives cannot of themselves impose obligations on individuals, so she could not rely on it
- CThe company was an emanation of the state
- DThe directive was invalid because it had not been transposed
2Solutions
1.Contract law
Answer: D · Ordinary lost profits, but not the profits from the special contracts
Why this is the answer
Jurisdiction: law of England and Wales. Ordinary profits were within reasonable contemplation; the exceptional contracts were not, because the seller had no knowledge of them.
D · Ordinary lost profits, but not the profits from the special contracts
2.Contract law
Answer: A · Ordered him to account for his profits, in an exceptional case
Why this is the answer
Jurisdiction: law of England and Wales. Account of profits for breach of contract is exceptional, available only where other remedies are inadequate and the claimant has a legitimate interest in preventing the defendant's profit.
A · Ordered him to account for his profits, in an exceptional case
3.Tort law
Answer: D · Not liable, because the risk was obvious and voluntarily taken
Why this is the answer
Jurisdiction: law of England and Wales. The danger came from the activity, not the state of the premises. There is no duty to protect people from obvious risks they freely choose to take, and doing so would have stopped many people enjoying the park.
D · Not liable, because the risk was obvious and voluntarily taken
4.Tort law
Answer: C · Failed, because he voluntarily accepted the risk
Why this is the answer
Jurisdiction: law of England and Wales. The Court of Appeal held that, by knowingly flying with a pilot who was clearly very drunk, the passenger had accepted the risk of injury, so the defence of volenti applied.
C · Failed, because he voluntarily accepted the risk
5.Constitutional law
Answer: D · Take into account judgments of the European Court of Human Rights
Why this is the answer
Jurisdiction: law of England and Wales. Strasbourg case law is not binding as precedent. UK courts normally follow clear and consistent Strasbourg authority, but can depart from it in some cases.
D · Take into account judgments of the European Court of Human Rights
6.Constitutional law
Answer: B · Treaties must be incorporated into national law before courts apply them domestically
Why this is the answer
Jurisdiction: general principle, found in most legal systems. In dualist systems international and national law are separate; treaties need implementing legislation. The Netherlands is more monist: binding treaty provisions can have direct effect.
B · Treaties must be incorporated into national law before courts apply them domestically
7.Criminal law
Answer: D · No mens rea is required for at least one element of the actus reus
Why this is the answer
Jurisdiction: law of England and Wales. Strict liability offences, often regulatory (food safety, traffic), do not require proof of fault for some element; courts presume mens rea is needed unless Parliament clearly excludes it.
D · No mens rea is required for at least one element of the actus reus
8.Criminal law
Answer: C · Criminal laws must be clear enough for people to foresee what is punishable
Why this is the answer
Jurisdiction: general principle, found in most legal systems. Criminal provisions must be sufficiently precise and accessible; vague laws violate legal certainty and the legality principle.
C · Criminal laws must be clear enough for people to foresee what is punishable
9.EU law
Answer: B · Breached the standstill obligation and may be required to recover the aid
Why this is the answer
Jurisdiction: EU law. New aid must be notified and not implemented until approved; unlawful aid found incompatible must be recovered from the beneficiary with interest.
B · Breached the standstill obligation and may be required to recover the aid
10.EU law
Answer: B · Directives cannot of themselves impose obligations on individuals, so she could not rely on it
Why this is the answer
Jurisdiction: EU law. The Court confirmed Marshall: no horizontal direct effect of directives, but national courts must interpret national law consistently and the state may be liable in damages.
B · Directives cannot of themselves impose obligations on individuals, so she could not rely on it