1Practice problems
1.Contract lawMedium
A customer signs a contract containing an exclusion clause without reading it. Absent fraud or misrepresentation, the clause is generally:
- AIncorporated only if it was explained orally
- BNot incorporated, because it was not read
- CIncorporated, because a signature binds the signer
- DVoid for unilateral mistake
2.Contract lawHard
Under the EU Unfair Terms Directive, a non-negotiated consumer contract term is unfair if:
- AIt benefits the trader in any way, even where the consumer's rights are not significantly affected
- BThe consumer did not read it
- CIt was written in small font
- DContrary to good faith, it causes a significant imbalance to the consumer's detriment
3.Tort lawMedium
A council leaves an abandoned boat on its land. Two boys jack it up to repair it, and it falls and injures one. In Jolley v Sutton LBC, the council was:
- ALiable, because the broad type of accident was foreseeable
- BLiable only to the boy who used the jack
- CNot liable, because repairs are not play
- DNot liable, because the boys' exact actions were unforeseeable
4.Tort lawHard
A tannery spills small amounts of solvent over many years. It seeps underground and contaminates a water company's borehole, which nobody could have foreseen. In Cambridge Water v Eastern Counties Leather:
- AThe tannery was not liable, because the type of damage was not foreseeable
- BThe tannery was liable, because Rylands liability is strict and needs no foreseeability
- CThe tannery was liable in negligence instead
- DThe water company was barred by contributory negligence
5.Constitutional lawMedium
In CCSU v Minister for the Civil Service (the GCHQ case), Lord Diplock classified the grounds of judicial review as:
- AJurisdiction, motive and fairness
- BLegality, legitimacy and proportionality
- CIllegality, irrationality and procedural impropriety
- DFraud, mistake and duress
6.Constitutional lawHard
In the Case of Proclamations (1610), the court held that the King:
- ACould not create new offences by proclamation
- BCould dismiss judges who disagreed
- CCould suspend Acts of Parliament
- DCould change any law by proclamation
7.Criminal lawMedium
D drives a car she believes is her own, but which is actually V's identical car. She is not guilty of theft because:
- AThe car was insured by V
- BShe is not dishonest and lacks intent to deprive another
- CShe returned it the next morning
- DCars cannot be stolen under the Theft Act
8.Criminal lawHard
Which principle comes from DPP v Majewski (1977)?
- ADrunkenness reduces murder to manslaughter in every case
- BIntoxication can never be considered by a jury
- CVoluntary intoxication is no defence to crimes of basic intent
- DInvoluntary intoxication is always a complete defence
9.EU lawMedium
In Lawrie-Blum (1986), the Court defined a "worker" under Article 45 TFEU as a person who:
- AIs registered with a national trade union
- BEarns at least the national minimum wage for a year
- CHolds a permanent full-time contract of employment registered with the authorities of the host member state
- DPerforms services for and under the direction of another in return for remuneration
10.EU lawHard
Keck and Mithouard (1993) held that national rules on "selling arrangements" fall outside Article 34 TFEU if they:
- AApply to all traders in the national territory and affect domestic and imported products equally in law and fact
- BAre adopted by local authorities
- CConcern the composition, labelling or packaging of products, even if they apply equally to all traders in the national territory
- DDiscriminate against imported products
2Solutions
1.Contract law
Answer: C · Incorporated, because a signature binds the signer
Why this is the answer
Jurisdiction: law of England and Wales. A party who signs a contractual document is bound by its terms whether or not they read them. A misrepresentation of the clause's effect can prevent reliance on it (Curtis v Chemical Cleaning).
C · Incorporated, because a signature binds the signer
2.Contract law
Answer: D · Contrary to good faith, it causes a significant imbalance to the consumer's detriment
Why this is the answer
Jurisdiction: EU law. Directive 93/13 makes non-individually negotiated terms unfair if, contrary to good faith, they cause a significant imbalance in rights and obligations to the consumer's detriment; such terms do not bind the consumer.
D · Contrary to good faith, it causes a significant imbalance to the consumer's detriment
3.Tort law
Answer: A · Liable, because the broad type of accident was foreseeable
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords held that it was foreseeable that children would meddle with the boat and be injured, and the precise way they did so did not need to be foreseen.
A · Liable, because the broad type of accident was foreseeable
4.Tort law
Answer: A · The tannery was not liable, because the type of damage was not foreseeable
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords held that foreseeability of damage of the relevant type is required under Rylands v Fletcher, as in nuisance.
A · The tannery was not liable, because the type of damage was not foreseeable
5.Constitutional law
Answer: C · Illegality, irrationality and procedural impropriety
Why this is the answer
Jurisdiction: law of England and Wales. Illegality covers acting outside or misunderstanding powers; irrationality covers Wednesbury unreasonableness; procedural impropriety covers unfair procedures and breaches of required procedures.
C · Illegality, irrationality and procedural impropriety
6.Constitutional law
Answer: A · Could not create new offences by proclamation
Why this is the answer
Jurisdiction: law of England and Wales. The King has no prerogative except what the law of the land allows, and cannot change the common law or create new crimes by his own decree.
A · Could not create new offences by proclamation
7.Criminal law
Answer: B · She is not dishonest and lacks intent to deprive another
Why this is the answer
Jurisdiction: law of England and Wales. A mistaken belief that the property is one's own negates dishonesty (s2(1)(a)) and intent to deprive "another", so there is no theft.
B · She is not dishonest and lacks intent to deprive another
8.Criminal law
Answer: C · Voluntary intoxication is no defence to crimes of basic intent
Why this is the answer
Jurisdiction: law of England and Wales. Majewski held that a defendant who voluntarily gets intoxicated cannot use it to deny the mens rea of basic intent offences such as assault; it may negate specific intent.
C · Voluntary intoxication is no defence to crimes of basic intent
9.EU law
Answer: D · Performs services for and under the direction of another in return for remuneration
Why this is the answer
Jurisdiction: EU law. The essential feature of an employment relationship is that a person performs services for a period under the direction of another in return for remuneration; trainee teachers qualified.
D · Performs services for and under the direction of another in return for remuneration
10.EU law
Answer: A · Apply to all traders in the national territory and affect domestic and imported products equally in law and fact
Why this is the answer
Jurisdiction: EU law. Keck distinguished product requirements (within Article 34) from non-discriminatory selling arrangements (outside it), limiting the broad Dassonville formula.
A · Apply to all traders in the national territory and affect domestic and imported products equally in law and fact