A contract made under duress may be:
- AAvoided (set aside) by the pressured party
- BAutomatically valid with no remedy
- CEnforced against the pressured party in every case
- DTurned into a criminal offence only
Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.
A contract made under duress may be:
An act done before a promise was made can still be good consideration if:
A five-year-old falls into a trench on open land while playing without an adult. In Phipps v Rochester Corporation, the occupier was:
A man is prevented from walking along part of a bridge closed for an event, but is free to go back the way he came. In Bird v Jones, the court held:
Which ground of judicial review applies when a decision-maker ignores a relevant consideration?
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:
Joint enterprise (accessorial liability) after R v Jogee requires that the accessory:
Conspiracy in English law requires:
Van Gend en Loos (1963) established that:
In Baumbast (2002), a German national in the UK lacked sickness insurance covering emergency treatment. The Court held that:
Answer: A · Avoided (set aside) by the pressured party
Jurisdiction: general principle, found in most legal systems. Duress (illegitimate pressure that induces the contract) makes the contract voidable at the option of the victim.
Answer: A · It was requested, payment was understood, and the promise would otherwise be enforceable
Jurisdiction: law of England and Wales. Past consideration is good if the act was done at the promisor's request, both parties understood it was to be rewarded, and a promise of payment made in advance would have been enforceable.
Answer: A · Not liable, because it could expect parents to supervise very young children
Jurisdiction: law of England and Wales. An occupier is entitled to assume that parents will not let very young children go unaccompanied to places that are obviously dangerous for them.
Answer: A · There was no false imprisonment, because his freedom was not totally restricted
Jurisdiction: law of England and Wales. False imprisonment requires complete restraint within boundaries set by the defendant. Stopping someone going in one direction while they can leave another way is not enough.
Answer: A · Illegality
Jurisdiction: law of England and Wales. Lord Diplock's grounds are illegality, irrationality and procedural impropriety. Taking irrelevant considerations into account, or ignoring relevant ones, is a form of illegality.
Answer: A · The fees were unlawful because they prevented access to justice
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 · Intended to assist or encourage the principal to commit the crime
Jurisdiction: law of England and Wales. Jogee held that foresight is only evidence of intent; the accessory must intend to assist or encourage the commission of the offence.
Answer: B · An agreement between two or more people to commit a crime, with intent that it be carried out
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: A · Treaty provisions can have direct effect and create rights for individuals in national courts
Jurisdiction: EU law. The Court held that clear, precise and unconditional treaty provisions (here on customs duties) give individuals rights enforceable before national courts.
Answer: C · Article 21 TFEU gives a directly effective right of residence, and limits on it must be applied proportionately
Jurisdiction: EU law. The right to move and reside is directly effective; conditions such as sufficient insurance must be applied in line with proportionality.
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