Introduction to Law: cram pack

Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.

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1Practice problems

1.Contract lawMedium

Sailors are promised extra wages for sailing a ship home after two crew members desert, but they do no more than their contract already required. In Stilk v Myrick the promise was:

  1. AEnforceable because the captain agreed freely
  2. BUnenforceable because it was made at sea
  3. CEnforceable as a practical benefit
  4. DUnenforceable for lack of consideration
2.Contract lawHard

A client repudiates an advertising contract the same day it is made. The agency ignores this, displays the adverts for the full period and sues for the price. In White and Carter v McGregor:

  1. AThe agency could recover the full price
  2. BThe agency had to obtain a court order first
  3. CThe agency could recover nothing
  4. DThe agency could only claim damages after mitigating
3.Tort lawMedium

Strict liability means a defendant can be liable:

  1. AOnly for criminal acts
  2. BOnly if they acted intentionally
  3. COnly if they broke a contract
  4. DWithout proof of fault
4.Tort lawHard

The "eggshell skull" rule means that:

  1. AOnly foreseeable claimants can sue
  2. BThe defendant must take the victim as found, including unusual vulnerabilities
  3. CFragile victims cannot recover damages
  4. DHead injuries are compensated at a fixed rate
5.Constitutional lawMedium

To amend the Dutch Constitution under Article 137:

  1. AA proposal is passed, elections follow, and then both chambers must approve it by two-thirds
  2. BThe King and the Council of State decide it
  3. CA national referendum must approve it
  4. DA simple majority in both chambers is enough, after which the King must sign the amendment into law
6.Constitutional lawHard

The government introduces high fees for bringing claims to employment tribunals, and the number of claims falls sharply. In R (UNISON) v Lord Chancellor (2017), the Supreme Court held:

  1. AThe fees were lawful because users of the courts must pay for them
  2. BThe fees breached only EU competition law
  3. CThe fees were unlawful because they prevented access to justice
  4. DThe fees were lawful because Parliament authorised fees
7.Criminal lawMedium

D, carrying an imitation gun and a threatening note, walks towards a post office to rob it but is arrested outside before entering. Under the Criminal Attempts Act 1981, D is most likely guilty of:

  1. ABurglary, because D intended to enter the building
  2. BRobbery, because the intention was proved
  3. CNothing as attempted robbery yet, because D has not gone beyond preparation
  4. DAttempted robbery, because D was carrying an imitation gun and a threatening note
8.Criminal lawHard

Conspiracy in English law requires:

  1. AAt least one of the conspirators to have carried out an overt act towards committing the agreed crime
  2. BAn agreement between two or more people to commit a crime, with intent that it be carried out
  3. CA written plan
  4. DThe crime to be actually committed
9.EU lawMedium

In Brasserie du Pêcheur and Factortame III (1996), the Court held that state liability:

  1. AOnly arises from failure to transpose a directive, not from other acts of the national legislature
  2. BCan arise from acts of the national legislature, if the breach is sufficiently serious
  3. CRequires proof that the state acted intentionally
  4. DNever applies to acts of a national parliament
10.EU lawHard

In Säger v Dennemeyer (1991), the Court held that Article 56 TFEU requires the abolition of:

  1. AOnly rules that openly discriminate on grounds of nationality
  2. BOnly rules adopted after the provider has arrived
  3. CAny restriction, even if non-discriminatory, liable to prohibit or impede the services of a provider from another member state
  4. DAll national licensing requirements, without exception, even where they protect service recipients and are applied proportionately

2Solutions

1.Contract law

Answer: D · Unenforceable for lack of consideration

Why this is the answer

Jurisdiction: law of England and Wales. Performing an existing contractual duty owed to the promisor was not consideration. In Hartley v Ponsonby the crew went beyond their duty because the voyage became dangerous, so extra pay was enforceable.

Answer

D · Unenforceable for lack of consideration
2.Contract law

Answer: A · The agency could recover the full price

Why this is the answer

Jurisdiction: law of England and Wales. An innocent party may affirm and perform the contract and claim the price, if it can do so without the other's cooperation. Later cases limit this where it has no legitimate interest in performing.

Answer

A · The agency could recover the full price
3.Tort law

Answer: D · Without proof of fault

Why this is the answer

Jurisdiction: general principle, found in most legal systems. In strict liability (for example under the EU Product Liability Directive) the claimant need not prove negligence, only the defect, damage and causation.

Answer

D · Without proof of fault
4.Tort law

Answer: B · The defendant must take the victim as found, including unusual vulnerabilities

Why this is the answer

Jurisdiction: law of England and Wales. If some injury is foreseeable, the defendant is liable for its full extent even if the victim's pre-existing condition makes it much worse.

Answer

B · The defendant must take the victim as found, including unusual vulnerabilities
5.Constitutional law

Answer: A · A proposal is passed, elections follow, and then both chambers must approve it by two-thirds

Why this is the answer

Jurisdiction: Dutch law. After the first reading, a new House of Representatives must be elected before the second reading. In the second reading, a two-thirds majority is needed in both chambers.

Answer

A · A proposal is passed, elections follow, and then both chambers must approve it by two-thirds
6.Constitutional law

Answer: C · The fees were unlawful because they prevented access to justice

Why this is the answer

Jurisdiction: law of England and Wales. The Fees Order was made under a statutory power, but it was ultra vires because it effectively prevented access to justice, which is protected by common law and the rule of law.

Answer

C · The fees were unlawful because they prevented access to justice
7.Criminal law

Answer: C · Nothing as attempted robbery yet, because D has not gone beyond preparation

Why this is the answer

Jurisdiction: law of England and Wales. In Campbell the defendant was arrested near the post office without entering it, and the court held his acts were merely preparatory, though other offences (such as possession of a weapon) may apply.

Answer

C · Nothing as attempted robbery yet, because D has not gone beyond preparation
8.Criminal law

Answer: B · An agreement between two or more people to commit a crime, with intent that it be carried out

Why this is the answer

Jurisdiction: law of England and Wales. Under the Criminal Law Act 1977, conspiracy is complete once the agreement is made with the necessary intent, even if no further step is taken.

Answer

B · An agreement between two or more people to commit a crime, with intent that it be carried out
9.EU law

Answer: B · Can arise from acts of the national legislature, if the breach is sufficiently serious

Why this is the answer

Jurisdiction: EU law. Any organ of the state, including the legislature, can cause liability; a breach is sufficiently serious where the state manifestly and gravely disregarded the limits on its discretion.

Answer

B · Can arise from acts of the national legislature, if the breach is sufficiently serious
10.EU law

Answer: C · Any restriction, even if non-discriminatory, liable to prohibit or impede the services of a provider from another member state

Why this is the answer

Jurisdiction: EU law. Säger extended the services freedom beyond discrimination to restrictions in general, which may be justified by imperative reasons in the general interest if proportionate.

Answer

C · Any restriction, even if non-discriminatory, liable to prohibit or impede the services of a provider from another member state

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