1Practice problems
1.Contract lawMedium
A buyer is told false figures about a business and is offered documents that would reveal the truth, but does not read them. Under Redgrave v Hurd:
- AThe buyer can claim only half the loss
- BThe buyer can still rely on the misrepresentation
- CThe misrepresentation becomes a term
- DThe buyer loses all remedies by failing to check
2.Contract lawHard
A council writes that it "may be prepared to sell" a house to a tenant and invites a formal application. The tenant applies, then the council changes its policy. In Gibson v Manchester City Council, the House of Lords held:
- AA contract was formed when the tenant applied
- BThere was no contract, because the letter was not an offer
- CA contract was formed when the council's letter was sent to the tenant
- DThe council was bound by estoppel to sell
3.Tort lawMedium
A five-year-old falls into a trench on open land while playing without an adult. In Phipps v Rochester Corporation, the occupier was:
- ALiable, because young children must be protected from every danger on the land
- BNot liable, because it could expect parents to supervise very young children
- CLiable, because the trench was not fenced
- DNot liable, because the child was a trespasser
4.Tort lawHard
A surveyor values a modest house for a mortgage lender, knowing the buyer will rely on it. The report is negligent and contains a disclaimer. In Smith v Eric S Bush, the House of Lords held:
- AThe lender alone could sue the surveyor
- BThe surveyor owed no duty, because the buyer was not the client who commissioned the report
- CThe surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
- DThe disclaimer excluded all liability to the buyer
5.Constitutional lawMedium
In Lingens v Austria, the European Court of Human Rights held that politicians:
- AHave no rights under Article 10
- BAre fully protected from any criticism
- CCannot sue for defamation at all
- DMust tolerate wider criticism than private individuals
6.Constitutional lawHard
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:
- AThe UK had not ratified the Convention for Gibraltar
- BAny killing by state agents breaches Article 2
- CThe operation was not planned and controlled to minimise the use of lethal force
- DThe soldiers acted out of personal hatred
7.Criminal lawMedium
D attacks someone while sleepwalking. Following R v Burgess, the correct defence is:
- ASelf-defence, because D was dreaming of an attack
- BInvoluntary intoxication, because D was not aware
- CInsanity, because sleepwalking was caused by an internal factor
- DNon-insane automatism, because sleep is natural
8.Criminal lawHard
In the Dutch "Melk-en-water" judgment (Hoge Raad, 1916), the court recognised:
- AAbsence of all blame (AVAS) as an unwritten excuse
- BConditional intent as a form of intention
- CThe legality principle as part of the Constitution
- DForce majeure as a written justification
9.EU lawMedium
Under the Lisbon voting rules, a blocking minority in the Council must include at least:
- AFour member states
- BHalf of the member states
- CTwo member states
- DTen member states
10.EU lawHard
In Unión de Pequeños Agricultores (UPA, 2002), the Court of Justice held that the Plaumann test:
- ACould not be relaxed by the Court, as effective remedies are the responsibility of national systems and treaty amendment
- BApplies only to regulations, not to decisions
- CWas incompatible with the European Convention on Human Rights
- DShould be relaxed, as the Advocate General proposed, to a "substantial adverse effect" test wherever no national remedy exists
2Solutions
1.Contract law
Answer: B · The buyer can still rely on the misrepresentation
Why this is the answer
Jurisdiction: law of England and Wales. A misrepresentee who could have discovered the truth is not barred from relief. It is enough that the statement induced the contract.
B · The buyer can still rely on the misrepresentation
2.Contract law
Answer: B · There was no contract, because the letter was not an offer
Why this is the answer
Jurisdiction: law of England and Wales. The council's letter was only an invitation to treat. The tenant's application was an offer, which the council never accepted.
B · There was no contract, because the letter was not an offer
3.Tort law
Answer: B · Not liable, because it could expect parents to supervise very young children
Why this is the answer
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.
B · Not liable, because it could expect parents to supervise very young children
4.Tort law
Answer: C · The surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
Why this is the answer
Jurisdiction: law of England and Wales. The surveyor knew the buyer would rely on the valuation, which created a duty. Under UCTA, the disclaimer was not fair and reasonable for an ordinary house purchase.
C · The surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
5.Constitutional law
Answer: D · Must tolerate wider criticism than private individuals
Why this is the answer
Jurisdiction: European Convention on Human Rights. Under Article 10, the limits of acceptable criticism are wider for a politician acting in a public capacity, who knowingly lays himself open to close scrutiny.
D · Must tolerate wider criticism than private individuals
6.Constitutional law
Answer: C · The operation was not planned and controlled to minimise the use of lethal force
Why this is the answer
Jurisdiction: European Convention on Human Rights. Force must be absolutely necessary. The Court found that the planning and control of the operation, including assumptions passed to the soldiers, did not respect the right to life.
C · The operation was not planned and controlled to minimise the use of lethal force
7.Criminal law
Answer: C · Insanity, because sleepwalking was caused by an internal factor
Why this is the answer
Jurisdiction: law of England and Wales. Burgess held that the sleepwalking arose from an internal factor that could recur, so it was a disease of the mind under the M'Naghten Rules.
C · Insanity, because sleepwalking was caused by an internal factor
8.Criminal law
Answer: A · Absence of all blame (AVAS) as an unwritten excuse
Why this is the answer
Jurisdiction: Dutch law. The Hoge Raad held that a person who is entirely without fault cannot be punished, creating the unwritten defence of afwezigheid van alle schuld.
A · Absence of all blame (AVAS) as an unwritten excuse
9.EU law
Answer: A · Four member states
Why this is the answer
Jurisdiction: EU law. Article 16(4) TEU requires a blocking minority of at least four Council members; otherwise the qualified majority is deemed attained.
10.EU law
Answer: A · Could not be relaxed by the Court, as effective remedies are the responsibility of national systems and treaty amendment
Why this is the answer
Jurisdiction: EU law. The Court refused to widen standing, stating that member states must provide remedies (now Article 19(1) TEU) and that any change required treaty amendment.
A · Could not be relaxed by the Court, as effective remedies are the responsibility of national systems and treaty amendment