Introduction to Law: cram pack

An unusual and onerous term in standard conditions will only be incorporated if:

1. AIt was fairly and reasonably brought to the other party's attention
2. BIt appears on the back of a receipt
3. CIt is printed anywhere in the contract documents, however small the type
4. DThe other party could have found it online

A pays B money to bet on shares using insider information, which is illegal. The bet never happens and A wants the money back. In Patel v Mirza, the Supreme Court held:

1. AA could recover only half the money
2. BThe money passed to the state as illegal proceeds
3. CA could recover the money, applying a policy-based approach to illegality
4. DA could not recover, because no claim can be founded on an illegal agreement

An occupier hires a reputable lift company to maintain a lift. The company's negligence causes an accident. Under Haseldine v Daw, the occupier is:

1. ALiable, because maintenance is non-delegable
2. BLiable only if the lift is new
3. CLiable for any defect on its premises
4. DNot liable, if it reasonably chose a competent contractor

A prisoner known to be a suicide risk kills himself in a police cell after officers leave the door hatch open. In Reeves v Metropolitan Police Commissioner, the House of Lords held:

1. AHis deliberate act broke the chain of causation
2. BThe police were not liable, because a sane adult's suicide is always a voluntary act breaking the chain
3. CThe claim failed because of illegality
4. DHis deliberate act did not break the chain, because it was the very thing the duty aimed to prevent

Under the UK Human Rights Act 1998, if a court cannot read an Act compatibly with Convention rights, it can:

1. AOrder Parliament to amend the Act within a month
2. BMake a declaration of incompatibility, leaving the Act in force
3. CRefer the case to the European Court of Human Rights automatically
4. DStrike down the Act immediately

The government tried to stop publication of a former Cabinet minister's diaries. In AG v Jonathan Cape (the Crossman diaries case), the court held that:

1. ACabinet discussions could be protected as confidential, but the material was now too old to restrain
2. BCourts can never restrain publication of political material
3. CThe convention of Cabinet secrecy is directly enforceable law, so publication of the diaries had to be restrained
4. DMinisters' diaries are always Crown property

D drives a car she believes is her own, but which is actually V's identical car. She is not guilty of theft because:

1. AShe is not dishonest and lacks intent to deprive another
2. BThe car was insured by V
3. CCars cannot be stolen under the Theft Act
4. DShe returned it the next morning

In Re A (Conjoined Twins) (2001), the Court of Appeal allowed surgery that would kill the weaker twin to save the stronger. This is often cited as authority that:

1. ANecessity can, in very exceptional circumstances, justify an act that causes death
2. BNecessity is a general defence to murder whenever more lives would be saved than lost
3. CDoctors can never be liable for murder
4. DParental consent is a defence to homicide

Under the subsidiarity protocol, a "yellow card" is triggered when reasoned opinions represent at least:

1. ATwo member state governments
2. BOne third of the votes allocated to national parliaments
3. CAll national parliaments
4. DA simple majority of the votes of the Members of the European Parliament

In the Factortame litigation, the CJEU held that national courts must:

1. AWait for Parliament to amend the statute first
2. BBe able to grant interim relief setting aside a national rule that may breach EU law
3. CRefer the case to the European Court of Human Rights
4. DApply national statutes until the national parliament itself repeals any rule that conflicts with EU law