1Practice problems
1.Contract lawMedium
A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:
- ANothing, because performance was not exact
- BOnly payment for the materials used
- CThe full price with no deduction
- DThe price less the cost of putting the defects right
2.Contract lawHard
An actress is wrongly denied the chance to take part in the final stage of a competition in which some finalists would win prizes. In Chaplin v Hicks:
- AShe could recover the full value of a prize
- BShe could recover nothing, because her loss was uncertain
- CShe could recover only her travel expenses
- DShe could recover damages for the loss of a chance
3.Tort lawMedium
Workmen leave an open manhole with paraffin lamps. A boy knocks a lamp in, causing an unexpected explosion and burns. In Hughes v Lord Advocate, the defendants were:
- ANot liable, because the explosion was unforeseeable
- BNot liable, because the boy was a trespasser
- CLiable, because burns were a foreseeable type of harm
- DLiable only for half of the damage
4.Tort lawHard
After an accident in a tunnel, a police inspector negligently orders an officer to ride back against the traffic, and the officer is hit. In Knightley v Johns, the original negligent driver was:
- ALiable, because rescuers are foreseeable
- BLiable for half, shared with the inspector
- CLiable for all consequences, because the officer's injury was a foreseeable result of the crash
- DNot liable for the officer's injury, because the inspector's negligence broke the chain
5.Constitutional lawMedium
In CCSU v Minister for the Civil Service (the GCHQ case), Lord Diplock classified the grounds of judicial review as:
- AIllegality, irrationality and procedural impropriety
- BLegality, legitimacy and proportionality
- CFraud, mistake and duress
- DJurisdiction, motive and fairness
6.Constitutional lawHard
A health authority moves a severely disabled woman into a care home after promising it would be her "home for life", then decides to close it. In R v North and East Devon HA, ex p Coughlan:
- AThe promise could be broken whenever policy changed
- BOnly a fair consultation was required
- CFrustrating her substantive legitimate expectation was an abuse of power
- DThe promise was void because the authority had no statutory power to make it
7.Criminal lawMedium
D takes his own car from a garage without paying for repairs. Following R v Turner (No 2), D can be guilty of theft because:
- AThe car was worth more after the repairs
- BProperty belongs to anyone who has possession or control of it
- CD intended to return the car later
- DOwners who take back their own property are always acting dishonestly
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
- BConsensual sado-masochistic acts between adults in private
- CTattoos applied by a licensed tattoo artist
- DInjuries suffered in properly conducted boxing matches between consenting adults
9.EU lawMedium
In Van Binsbergen (1974), a Dutch rule requiring legal representatives to reside in the Netherlands was examined. The Court held that:
- AMember states may always require residence for professionals involved in the administration of justice
- BThe freedom to provide services is directly effective and residence requirements need justification
- CLegal services are outside the scope of the Treaty
- DOnly regulations can create rights for service providers
10.EU lawHard
In Inuit Tapiriit Kanatami (2013), the Court interpreted "regulatory act" in Article 263(4) TFEU to mean:
- AAny act adopted by the Commission or the Council
- BAn act of general application other than a legislative act
- CAn act addressed to a specific individual
- DAny regulation, whether legislative or not
2Solutions
1.Contract law
Answer: D · The price less the cost of putting the defects right
Why this is the answer
Jurisdiction: law of England and Wales. Where an entire contract is substantially performed, the contractor can claim the price minus the cost of remedying defects. Contrast Bolton v Mahadeva, where defects were too serious.
D · The price less the cost of putting the defects right
2.Contract law
Answer: D · She could recover damages for the loss of a chance
Why this is the answer
Jurisdiction: law of England and Wales. The court held that the loss of a real chance can be valued. The difficulty of assessing damages does not stop the claimant recovering.
D · She could recover damages for the loss of a chance
3.Tort law
Answer: C · Liable, because burns were a foreseeable type of harm
Why this is the answer
Jurisdiction: law of England and Wales. It is enough that the type of damage was foreseeable, even if the precise manner and extent were not. Burns from the lamp were foreseeable.
C · Liable, because burns were a foreseeable type of harm
4.Tort law
Answer: D · Not liable for the officer's injury, because the inspector's negligence broke the chain
Why this is the answer
Jurisdiction: law of England and Wales. A new negligent act by a third party that is not a foreseeable consequence of the original wrong can break the chain of causation. The inspector's serious errors did so.
D · Not liable for the officer's injury, because the inspector's negligence broke the chain
5.Constitutional law
Answer: A · 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.
A · Illegality, irrationality and procedural impropriety
6.Constitutional law
Answer: C · Frustrating her substantive legitimate expectation was an abuse of power
Why this is the answer
Jurisdiction: law of England and Wales. The Court of Appeal held that a specific promise to a small group can create a substantive legitimate expectation. Breaking it without an overriding public interest was so unfair it was an abuse of power.
C · Frustrating her substantive legitimate expectation was an abuse of power
7.Criminal law
Answer: B · Property belongs to anyone who has possession or control of it
Why this is the answer
Jurisdiction: law of England and Wales. Under s5(1) property belongs to anyone with possession or control or a proprietary interest, so an owner can steal from a person in possession.
B · Property belongs to anyone who has possession or control of it
8.Criminal law
Answer: B · 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).
B · Consensual sado-masochistic acts between adults in private
9.EU law
Answer: B · The freedom to provide services is directly effective and residence requirements need justification
Why this is the answer
Jurisdiction: EU law. Van Binsbergen held the services provisions directly effective; a residence requirement can only be justified by professional rules in the general interest that are objectively necessary.
B · The freedom to provide services is directly effective and residence requirements need justification
10.EU law
Answer: B · An act of general application other than a legislative act
Why this is the answer
Jurisdiction: EU law. Legislative acts adopted under a legislative procedure are not regulatory acts, so the applicants needed individual concern and failed.
B · An act of general application other than a legislative act