1Practice problems
1.Contract lawMedium
An actress agrees to act only for one studio and not for any other during the contract. She leaves to act for a rival. The court is most likely to:
- ARefuse any remedy, as personal services are involved
- BOrder her to perform her contract with the studio
- CGrant an injunction stopping her acting for the rival
- DOrder her to pay the rival's profits to the court
2.Contract lawHard
A husband who has left his wife signs a note promising to transfer the house to her if she pays off the mortgage. She does. In Merritt v Merritt, the promise was:
- AUnenforceable, because she gave no consideration
- BEnforceable only because it was made by deed
- CUnenforceable, because it was a domestic arrangement between husband and wife
- DEnforceable, because separated spouses are presumed to intend legal relations
3.Tort lawMedium
A worker inhales silica dust from two sources, only one of which was due to the employer's breach. In Bonnington Castings v Wardlaw, the employer was liable because the guilty dust:
- AMaterially contributed to the disease
- BWas more than half of the total dust
- CWas the only cause of the disease
- DWas easier to prevent than the other dust
4.Tort lawHard
An internal auditor with a grudge against his employer leaks staff payroll data online. In WM Morrison Supermarkets v Various Claimants (2020), the Supreme Court held the employer:
- ANot vicariously liable, as he was pursuing a personal vendetta
- BVicariously liable, as data breaches are strict liability
- CVicariously liable, as he had access to the data through his job
- DLiable only to staff whose data was used for fraud
5.Constitutional lawMedium
To bring a claim for judicial review in England and Wales, the claimant must have:
- ASuffered financial loss
- BPermission from the minister
- CA contract with the public body
- DA sufficient interest in the matter
6.Constitutional lawHard
After 2001, the UK detained foreign terrorism suspects indefinitely without trial. In A v Home Secretary (the Belmarsh case), the House of Lords:
- AMade a declaration of incompatibility, finding the measure disproportionate and discriminatory
- BOrdered the immediate release of all detainees
- CUpheld the detention as a valid response to an emergency
- DHeld that national security questions were for the executive alone and could not be reviewed by courts
7.Criminal lawMedium
D throws a glass of beer over V intending only to wet her; the glass slips and cuts V. Following R v Savage, D's liability under section 47 OAPA requires:
- AIntention to cause actual bodily harm
- BForesight that at least some actual bodily harm would result from the assault
- CForesight that grievous bodily harm would be caused
- DOnly the mens rea of assault or battery, with no foresight of harm needed
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
- BTattoos applied by a licensed tattoo artist
- CConsensual sado-masochistic acts between adults in private
- DInjuries suffered in properly conducted boxing matches between consenting adults
9.EU lawMedium
In Commission v Ireland ("Buy Irish", 1982), a campaign promoting Irish products breached Article 34 because:
- AIt set quotas on goods from other member states
- BIt was run by private companies without state involvement
- CIt was a state-supported measure capable of influencing traders to prefer domestic goods
- DIt imposed a charge having equivalent effect to a customs duty on goods imported from other member states
10.EU lawHard
In Baumbast (2002), a German national in the UK lacked sickness insurance covering emergency treatment. The Court held that:
- AHe had no right to reside because he was no longer working
- BResidence rights depend entirely on national immigration law once a person has stopped working in the host member state
- CArticle 21 TFEU gives a directly effective right of residence, and limits on it must be applied proportionately
- DOnly EU institutions can enforce citizenship rights
2Solutions
1.Contract law
Answer: C · Grant an injunction stopping her acting for the rival
Why this is the answer
Jurisdiction: law of England and Wales. Courts will not order specific performance of personal service contracts, but may enforce an express negative promise by injunction if this does not in practice force the person to perform.
C · Grant an injunction stopping her acting for the rival
2.Contract law
Answer: D · Enforceable, because separated spouses are presumed to intend legal relations
Why this is the answer
Jurisdiction: law of England and Wales. When spouses have separated, or are about to, the presumption against legal intention does not apply. Paying off the mortgage was also good consideration.
D · Enforceable, because separated spouses are presumed to intend legal relations
3.Tort law
Answer: A · Materially contributed to the disease
Why this is the answer
Jurisdiction: law of England and Wales. Where a disease is caused by a cumulative process, a claimant succeeds by proving that the tortious source made a material contribution to it, even if it was not the sole cause.
A · Materially contributed to the disease
4.Tort law
Answer: A · Not vicariously liable, as he was pursuing a personal vendetta
Why this is the answer
Jurisdiction: law of England and Wales. Giving the employee the opportunity to commit the wrong was not enough. He was not engaged in furthering the employer's business but pursuing a personal aim, so the close connection test was not met.
A · Not vicariously liable, as he was pursuing a personal vendetta
5.Constitutional law
Answer: D · A sufficient interest in the matter
Why this is the answer
Jurisdiction: law of England and Wales. The standing test is a sufficient interest. Courts have interpreted it generously, often allowing pressure groups to bring public interest claims.
D · A sufficient interest in the matter
6.Constitutional law
Answer: A · Made a declaration of incompatibility, finding the measure disproportionate and discriminatory
Why this is the answer
Jurisdiction: law of England and Wales. The Lords quashed the derogation order and declared the detention power incompatible with Articles 5 and 14, because it applied only to foreign nationals and was not strictly required by the emergency.
A · Made a declaration of incompatibility, finding the measure disproportionate and discriminatory
7.Criminal law
Answer: D · Only the mens rea of assault or battery, with no foresight of harm needed
Why this is the answer
Jurisdiction: law of England and Wales. For s47 the defendant need only have the mens rea of the assault or battery; the actual bodily harm need not be intended or foreseen.
D · Only the mens rea of assault or battery, with no foresight of harm needed
8.Criminal law
Answer: C · 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).
C · Consensual sado-masochistic acts between adults in private
9.EU law
Answer: C · It was a state-supported measure capable of influencing traders to prefer domestic goods
Why this is the answer
Jurisdiction: EU law. A government-sponsored campaign encouraging purchase of domestic products is a measure of the state capable of hindering imports, even if it is not legally binding.
C · It was a state-supported measure capable of influencing traders to prefer domestic goods
10.EU law
Answer: C · Article 21 TFEU gives a directly effective right of residence, and limits on it must be applied proportionately
Why this is the answer
Jurisdiction: EU law. The right to move and reside is directly effective; conditions such as sufficient insurance must be applied in line with proportionality.
C · Article 21 TFEU gives a directly effective right of residence, and limits on it must be applied proportionately