Introduction to Law: cram pack

An unusual and onerous term in standard conditions will only be incorporated if:

1. AThe other party could have found it online
2. BIt was fairly and reasonably brought to the other party's attention
3. CIt appears on the back of a receipt
4. DIt is printed anywhere in the contract documents, however small the type

A pays B money to bet on shares using insider information, which is illegal. The bet never happens and A wants the money back. In Patel v Mirza, the Supreme Court held:

1. AA could recover only half the money
2. BThe money passed to the state as illegal proceeds
3. CA could recover the money, applying a policy-based approach to illegality
4. DA could not recover, because no claim can be founded on an illegal agreement

After a flood makes a factory floor slippery, the owner spreads sawdust but not everywhere, and a worker slips. Under Latimer v AEC, the owner was:

1. AStrictly liable for flood damage
2. BNot negligent, because closing the factory would have been out of proportion
3. CNegligent, because any slip proves a breach
4. DNegligent, because it should have closed the factory until the floor was dry

A "novus actus interveniens" can:

1. ACreate a new duty of care
2. BTurn a civil claim into a criminal one when the intervening act is an offence
3. CIncrease the damages owed
4. DBreak the chain of causation between the defendant's breach and the harm

In the Factortame litigation, while the UK was an EU member, the House of Lords:

1. AReferred the matter to the European Court of Human Rights
2. BDeclared the European Communities Act 1972 invalid
3. CHeld that EU law could never limit Acts of Parliament
4. DDisapplied parts of an Act of Parliament that conflicted with EU law

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 UK had not ratified the Convention for Gibraltar
3. CThe soldiers acted out of personal hatred
4. DAny killing by state agents breaches Article 2

D supplies heroin to V, an adult, who freely and knowingly injects herself and dies. According to R v Kennedy (No 2), D is:

1. AGuilty of manslaughter, because supply always causes the death
2. BGuilty of unlawful act manslaughter, because supplying a class A drug is itself unlawful and dangerous
3. CNot guilty of manslaughter, because V's free and informed choice broke the chain of causation
4. DGuilty of manslaughter, because V's choice is irrelevant

In Sweet v Parsley (1970), a landlady was convicted of being concerned in the management of premises used for smoking cannabis. The House of Lords:

1. AHeld that cannabis offences require a commercial purpose
2. BQuashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
3. CHeld that landladies have a duty to search their tenants
4. DUpheld the conviction because drug offences are always strict liability in order to protect public health

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

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

In Van Duyn v Home Office (1974), a Dutch Scientologist was refused entry to the UK. The Court held that:

1. AReligious organisations are fully protected by free movement law
2. BThe UK could not rely on public policy, because membership of a lawful organisation is never personal conduct for that purpose
3. CA directive provision could have direct effect, and present association with an organisation could count as personal conduct
4. DDirectives can never have direct effect