Introduction to Law: cram pack

A former wife sues for maintenance her ex-husband promised, relying only on promissory estoppel because she gave no consideration. In Combe v Combe:

1. AShe succeeded, because she relied on the promise
2. BShe succeeded, because the promise was made in writing
3. CShe failed, because promissory estoppel is a shield, not a sword
4. DShe failed, because family agreements are never legally binding on either party

A carrier, knowing a small company depends on its deliveries to supply a major customer, refuses to continue unless paid a higher minimum price. The company agrees as it has no alternative. In Atlas Express v Kafco:

1. AThe carrier committed a crime of extortion
2. BThe new agreement was binding as a free variation
3. CThe new agreement was binding, as the carrier's continued performance was a practical benefit
4. DThe new agreement was not binding, due to economic duress

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:

1. ANot liable, because the risk was obvious and voluntarily taken
2. BLiable for half of the damage
3. CLiable, because it did not destroy the beach
4. DLiable, because the signs were ignored by many

Intruders start a fire in an empty, locked cinema, which spreads to neighbouring buildings. The owner did not know of earlier break-ins. In Smith v Littlewoods, the owner was:

1. ANot liable, because it had no knowledge of the risk
2. BStrictly liable under Rylands v Fletcher
3. CLiable, because occupiers must guard against all intruders
4. DLiable, because fire spreading is always foreseeable

Parliamentary sovereignty (as described by Dicey) means that:

1. ACourts can strike down any Act of Parliament that conflicts with common law rights
2. BParliament can make or unmake any law, and no body can override its Acts
3. CThe executive can override Parliament
4. DParliament must obey previous Parliaments

The "margin of appreciation" doctrine of the European Court of Human Rights means that:

1. AStates have some discretion in how they protect rights, especially on sensitive moral issues
2. BEvery state must apply identical rules
3. CThe Court never reviews national decisions
4. DStates may disregard Strasbourg judgments whenever their own parliament disagrees with the outcome

D puts poison in V's drink intending to kill her, but V dies of an unrelated heart attack before the poison works. D is guilty of:

1. ANo offence at all
2. BManslaughter
3. CMurder
4. DAttempted murder

In R v Dica (2004), D had sex with partners without telling them he was HIV-positive. The Court of Appeal held that:

1. AConsent is never relevant to the transmission of disease, since s20 protects public health
2. BNon-disclosure always makes sex rape under English law
3. CInformed consent to the risk of infection could be a defence to inflicting GBH under s20
4. DD was guilty of murder, because HIV can kill

Francovich (1991) established that:

1. AMember states can be liable to pay damages for failing to implement a directive
2. BDirectives have horizontal direct effect
3. CIndividuals can enforce unimplemented directives directly against private employers
4. DThe Commission can annul national laws

In Commission v Italy (trailers, 2009), an Italian ban on motorcycles towing trailers was held to be:

1. AA measure having equivalent effect, because it hindered access to the market for the product
2. BOutside Article 34 because it applied equally to domestic and imported motorcycles and trailers alike
3. CA selling arrangement outside Article 34
4. DA customs duty contrary to Article 30