Introduction to Law: cram pack

A misrepresentation is:

1. AA false statement of fact that induces someone to enter a contract
2. BA promise about future behaviour that is not kept, even if honestly made
3. CSilence about any fact at all
4. DAn opinion that turns out to be wrong

An innocent party who terminates a contract for repudiatory breach must generally:

1. AContinue performing until the contract ends naturally on its agreed date
2. BClearly communicate the decision to accept the repudiation
3. CPay a penalty to the party in breach
4. DWait for a court order before stopping performance

Rylands v Fletcher liability concerns:

1. ALiability for any harm caused by careless use of land, even without escape
2. BEscape of a dangerous thing brought onto land in a non-natural use
3. CDefamation in newspapers
4. DMedical negligence

A police officer, without arresting her, takes hold of a woman's arm to stop her walking away so she can be questioned. In Collins v Wilcock:

1. AThis was lawful, because she was suspected
2. BThis was lawful, as police may restrain anyone they wish to question
3. CThis was only an assault, as no harm was done
4. DThis was a battery, as it went beyond acceptable everyday contact

Which ground of judicial review applies when a decision-maker ignores a relevant consideration?

1. ANone, because courts never review considerations
2. BProcedural impropriety only
3. CLegitimate expectation only
4. DIllegality

Soldiers shoot dead three suspected terrorists in Gibraltar. In McCann v UK, the European Court of Human Rights found a breach of Article 2 because:

1. AThe operation was not planned and controlled to minimise the use of lethal force
2. BThe soldiers acted out of personal hatred
3. CAny killing by state agents breaches Article 2
4. DThe UK had not ratified the Convention for Gibraltar

D, a diabetic, takes insulin, skips food, becomes hypoglycaemic and hits V without knowing what he is doing. D may rely on:

1. ANon-insane automatism, because an external factor caused the episode
2. BInsanity, because diabetes is a disease affecting the functioning of the mind
3. CDuress of circumstances, because D was ill
4. DDiminished responsibility, because harm was caused

In R v Cheshire, the court held that negligent medical treatment of a gunshot victim:

1. ADid not break the chain of causation unless it was so independent and potent that the original wound became insignificant
2. BMakes the doctors liable for murder
3. CBroke the chain of causation whenever it was negligent enough to be the immediate medical cause of death, even if the wound still operated
4. DAlways breaks the chain of causation

According to the Dassonville formula, a measure having equivalent effect to a quantitative restriction is:

1. AOnly a rule that openly discriminates against imported goods in favour of domestic products of the same kind
2. BOnly a rule that fixes a numerical limit on imports
3. CAny trading rule capable of hindering, directly or indirectly, actually or potentially, intra-EU trade
4. DAny tax on goods coming from another member state

In CIA Security (1996), Belgian technical rules not notified to the Commission as required by a directive were held to be:

1. AVoid only in disputes against the Belgian state
2. BValid, because directives do not have horizontal direct effect
3. CInapplicable, even in a dispute between private competitors
4. DValid until the Commission brings infringement proceedings