At an auction in England, the contract of sale is completed when:
- AThe bidder makes the highest bid
- BThe auctioneer brings down the hammer
- CThe auctioneer puts the item up for sale
- DThe buyer collects the goods
Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.
At an auction in England, the contract of sale is completed when:
A distribution agreement says it is not a formal or legal agreement and is "binding in honour only". In Rose and Frank v Crompton, the court held:
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:
Police officers arresting a suspect in a busy street knock over an elderly pedestrian. In Robinson v Chief Constable of West Yorkshire, the Supreme Court held:
Under AG v De Keyser's Royal Hotel, when a statute covers the same ground as a prerogative power:
Dicey argued that in England individual liberties were mainly protected by:
D swaps price labels on two items in a supermarket, intending to pay the lower price. Following R v Morris, the appropriation took place when D:
Which statement about "noodweerexces" (excessive self-defence) in Dutch law (Article 41(2) Sr) is correct?
The ordinary legislative procedure gives equal law-making roles to:
The "Melloni" judgment held that a member state may NOT:
Answer: B · The auctioneer brings down the hammer
Jurisdiction: law of England and Wales. Putting goods up for auction is an invitation to treat, each bid is an offer, and the fall of the hammer is acceptance. A bidder can withdraw a bid until then.
Answer: C · The agreement itself was not legally binding
Jurisdiction: law of England and Wales. The express wording rebutted the commercial presumption of legal intention. Individual orders that were placed and accepted under the arrangement were, however, binding contracts.
Answer: A · Materially contributed to the disease
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.
Answer: A · A duty was owed, since the police caused harm by a positive act
Jurisdiction: law of England and Wales. The police, like anyone, owe a duty to take care when their positive acts create a foreseeable risk of physical injury. The court also said Caparo is not a three-stage test for every case; established principles apply.
Answer: B · The prerogative is put in abeyance and the government must act under the statute
Jurisdiction: law of England and Wales. Where Parliament has legislated in an area, the Crown cannot use a prerogative power to avoid the statute's conditions, such as a duty to pay compensation.
Answer: A · The ordinary courts applying the common law
Jurisdiction: law of England and Wales. Dicey saw the constitution as the result of ordinary law, with rights arising from judicial decisions in individual cases, rather than from a written constitutional guarantee.
Answer: A · Switched the labels, assuming one of the owner's rights
Jurisdiction: law of England and Wales. Morris held that assuming any one of the owner's rights, such as labelling goods, is an appropriation, even before leaving the shop.
Answer: A · The excess is excused if directly caused by a strong emotional disturbance resulting from the attack
Jurisdiction: Dutch law. Article 41(2) Sr excuses exceeding the limits of self-defence when it is the direct result of a severe emotional disturbance caused by the attack.
Answer: B · The European Parliament and the Council
Jurisdiction: EU law. Under Article 294 TFEU, legislation is adopted jointly by Parliament and Council on a proposal from the Commission.
Answer: B · Apply a higher national standard of fundamental rights where it would undermine the primacy, unity and effectiveness of EU law in a fully harmonised area
Jurisdiction: EU law. Where EU law fully harmonises an area, national constitutional standards cannot be applied if they compromise the uniform application of EU law (Article 53 Charter).
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