1Practice problems
1.Contract lawMedium
A builder's job takes much longer and costs much more than planned because of labour shortages. Under Davis Contractors v Fareham UDC, the contract is:
- ANot frustrated, because it has only become more onerous
- BVoid, because the price was wrongly estimated
- CAutomatically varied to a reasonable price
- DFrustrated, because the costs rose unexpectedly and substantially
2.Contract lawHard
Liquidated damages clauses are enforceable in English law when:
- AOnly the party in breach benefits from them
- BThey are set as high as possible, so that they deter either party from breaching
- CThey protect a legitimate interest and are not out of all proportion to it
- DThey are agreed orally only
3.Tort lawMedium
Police officers who helped at the Hillsborough disaster suffered psychiatric injury. In White v Chief Constable of South Yorkshire, their claims:
- ASucceeded, because they were employees of the defendant
- BFailed, because the police can never sue their employer
- CFailed, because they were not in physical danger and were not primary victims
- DSucceeded, because rescuers are always treated as primary victims in English law
4.Tort lawHard
After an accident in a tunnel, a police inspector negligently orders an officer to ride back against the traffic, and the officer is hit. In Knightley v Johns, the original negligent driver was:
- ALiable for half, shared with the inspector
- BLiable, because rescuers are foreseeable
- CNot liable for the officer's injury, because the inspector's negligence broke the chain
- DLiable for all consequences, because the officer's injury was a foreseeable result of the crash
5.Constitutional lawMedium
In Lingens v Austria, the European Court of Human Rights held that politicians:
- ACannot sue for defamation at all
- BHave no rights under Article 10
- CMust tolerate wider criticism than private individuals
- DAre fully protected from any criticism
6.Constitutional lawHard
Walter Bagehot described the "efficient secret" of the English constitution as:
- AThe monarch's power to veto legislation
- BThe strict separation of all three powers
- CThe close union of the executive and legislative powers
- DThe independence of the House of Lords
7.Criminal lawMedium
D supplies heroin to V, an adult, who freely and knowingly injects herself and dies. According to R v Kennedy (No 2), D is:
- AGuilty of unlawful act manslaughter, because supplying a class A drug is itself unlawful and dangerous
- BNot guilty of manslaughter, because V's free and informed choice broke the chain of causation
- CGuilty of manslaughter, because supply always causes the death
- DGuilty of manslaughter, because V's choice is irrelevant
8.Criminal lawHard
In R v Brown (1993), the House of Lords held that consent was no defence to s47 and s20 charges arising from:
- ASurgery carried out without the patient's signature
- BConsensual sado-masochistic acts between adults in private
- CInjuries suffered in properly conducted boxing matches between consenting adults
- DTattoos applied by a licensed tattoo artist
9.EU lawMedium
Article 352 TFEU (the flexibility clause) allows the EU to act where the Treaties have not provided the necessary powers, but requires:
- AA simple majority in the Parliament only
- BQualified majority in the Council and the consent of the European Parliament
- CUnanimity in the Council and the consent of the European Parliament
- DA referendum in every member state
10.EU lawHard
Under the indirect effect principle (Von Colson, Marleasing), national courts must:
- AApply directives only after the Commission approves
- BInterpret national law as far as possible in conformity with directives
- CIgnore national law that conflicts with any directive in private disputes
- DRefer every case to the Court of Justice
2Solutions
1.Contract law
Answer: A · Not frustrated, because it has only become more onerous
Why this is the answer
Jurisdiction: law of England and Wales. Frustration requires performance to be radically different from what was agreed. Delay and extra cost that are within the ordinary risks of the contract are not enough.
A · Not frustrated, because it has only become more onerous
2.Contract law
Answer: C · They protect a legitimate interest and are not out of all proportion to it
Why this is the answer
Jurisdiction: law of England and Wales. A clause is a penalty, and unenforceable, if it imposes a detriment out of all proportion to any legitimate interest of the innocent party in performance.
C · They protect a legitimate interest and are not out of all proportion to it
3.Tort law
Answer: C · Failed, because they were not in physical danger and were not primary victims
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords held that employees and rescuers must meet the normal rules. Without being in danger or reasonably believing they were, they were secondary victims and failed the Alcock criteria.
C · Failed, because they were not in physical danger and were not primary victims
4.Tort law
Answer: C · Not liable for the officer's injury, because the inspector's negligence broke the chain
Why this is the answer
Jurisdiction: law of England and Wales. A new negligent act by a third party that is not a foreseeable consequence of the original wrong can break the chain of causation. The inspector's serious errors did so.
C · Not liable for the officer's injury, because the inspector's negligence broke the chain
5.Constitutional law
Answer: C · Must tolerate wider criticism than private individuals
Why this is the answer
Jurisdiction: European Convention on Human Rights. Under Article 10, the limits of acceptable criticism are wider for a politician acting in a public capacity, who knowingly lays himself open to close scrutiny.
C · Must tolerate wider criticism than private individuals
6.Constitutional law
Answer: C · The close union of the executive and legislative powers
Why this is the answer
Jurisdiction: law of England and Wales. Bagehot argued that the Cabinet, drawn from and dependent on Parliament, fused executive and legislature. This contrasts with the US-style separation of powers.
C · The close union of the executive and legislative powers
7.Criminal law
Answer: B · Not guilty of manslaughter, because V's free and informed choice broke the chain of causation
Why this is the answer
Jurisdiction: law of England and Wales. Kennedy (No 2) held that the free, deliberate and informed self-injection by an adult broke the chain, so the supplier did not cause the death.
B · Not guilty of manslaughter, because V's free and informed choice broke the chain of causation
8.Criminal law
Answer: B · Consensual sado-masochistic acts between adults in private
Why this is the answer
Jurisdiction: law of England and Wales. The majority held that consent cannot be a defence to ABH or more serious harm deliberately inflicted for sexual gratification; the case is often contrasted with R v Wilson (branding of a wife's buttocks).
B · Consensual sado-masochistic acts between adults in private
9.EU law
Answer: C · Unanimity in the Council and the consent of the European Parliament
Why this is the answer
Jurisdiction: EU law. The flexibility clause needs a unanimous Council decision on a Commission proposal with Parliament's consent, and it cannot be used to harmonise where the Treaties exclude it.
C · Unanimity in the Council and the consent of the European Parliament
10.EU law
Answer: B · Interpret national law as far as possible in conformity with directives
Why this is the answer
Jurisdiction: EU law. Courts must interpret national law, as far as possible, in light of the wording and purpose of a directive, but not contra legem.
B · Interpret national law as far as possible in conformity with directives