Introduction to Law: cram pack

Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:

1. ANever, in any circumstances
2. BAlways, because businesses can bargain freely
3. COnly if signed by a company director
4. DOnly if it satisfies the requirement of reasonableness

A flat is hired for two days to watch a coronation procession, which is cancelled because the King is ill. The contract does not mention the procession. In Krell v Henry:

1. AThe hirer had to pay as the risk was his
2. BThe contract was void for common mistake
3. CThe contract was not frustrated, because the flat was still available
4. DThe contract was frustrated, because the procession was its foundation

A driver is in a minor collision, suffers no physical injury, but his chronic fatigue illness becomes permanent. In Page v Smith, he could recover because:

1. APsychiatric injury is always recoverable after any road accident, however minor
2. BThe defendant intended to injure him
3. CHe had a close tie of love with the other driver
4. DHe was a primary victim and personal injury of some kind was foreseeable

As a practical joke, a man falsely tells a woman that her husband has been badly injured. She suffers a serious illness from the shock. In Wilkinson v Downton, the man was:

1. ANot liable, because it was only a joke
2. BLiable only in defamation
3. CLiable for intentionally causing physical harm by a false statement
4. DNot liable, because there was no direct physical contact with the woman

Ellen Street Estates v Minister of Health is cited for the principle that:

1. ACourts may refuse to apply a later Act
2. BParliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
3. CEarlier Acts always prevail over later Acts
4. DParliament can entrench an Act against later repeal by stating expressly that it may not be amended in future

Article 79(3) of the German Basic Law (the "eternity clause") forbids amendments that affect:

1. AThe federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
2. BAny article of the Basic Law at all
3. CThe electoral system, the number of seats in the Bundestag, or any of the rules in Articles 38 to 48 on elections
4. DOnly the articles on taxation

D parks his car on a police officer's foot by accident, then refuses to move it once told. Under Fagan v MPC, this is:

1. AA battery, because the act was continuing when the mens rea arose
2. BA mere omission without any duty to act
3. COnly criminal damage to the officer's shoe
4. DNo offence, because the original act was accidental and mens rea arose only afterwards

In R v Lloyd (1985), a cinema employee lent films to be copied and returned them within hours. The court held there was no theft because:

1. AThe employee had the cinema's permission to borrow the films for a short time
2. BThe films were returned with their "goodness or virtue" not wholly exhausted
3. CFilms are intangible property that cannot be stolen
4. DCopying films was not illegal at the time

In Levin (1982), the Court held that a part-time worker is protected by Article 45 if the work is:

1. AAt least 30 hours per week
2. BEffective and genuine, and not purely marginal and ancillary
3. CPaid enough to live without social benefits
4. DDone for the main purpose of obtaining residence

The Weiss (PSPP) judgment of the German Federal Constitutional Court in 2020 was controversial because it:

1. AAbolished the euro in Germany
2. BAccepted unlimited supremacy of EU law
3. CDeclared a CJEU judgment ultra vires and not binding in Germany
4. DWithdrew Germany from the EU