Introduction to Law: cram pack

Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.

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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:

  1. ANothing, because performance was not exact
  2. BOnly payment for the materials used
  3. CThe full price with no deduction
  4. 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:

  1. AShe could recover the full value of a prize
  2. BShe could recover nothing, because her loss was uncertain
  3. CShe could recover only her travel expenses
  4. 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:

  1. ANot liable, because the explosion was unforeseeable
  2. BNot liable, because the boy was a trespasser
  3. CLiable, because burns were a foreseeable type of harm
  4. 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:

  1. ALiable, because rescuers are foreseeable
  2. BLiable for half, shared with the inspector
  3. CLiable for all consequences, because the officer's injury was a foreseeable result of the crash
  4. 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:

  1. AIllegality, irrationality and procedural impropriety
  2. BLegality, legitimacy and proportionality
  3. CFraud, mistake and duress
  4. 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:

  1. AThe promise could be broken whenever policy changed
  2. BOnly a fair consultation was required
  3. CFrustrating her substantive legitimate expectation was an abuse of power
  4. 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:

  1. AThe car was worth more after the repairs
  2. BProperty belongs to anyone who has possession or control of it
  3. CD intended to return the car later
  4. 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:

  1. ASurgery carried out without the patient's signature
  2. BConsensual sado-masochistic acts between adults in private
  3. CTattoos applied by a licensed tattoo artist
  4. 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:

  1. AMember states may always require residence for professionals involved in the administration of justice
  2. BThe freedom to provide services is directly effective and residence requirements need justification
  3. CLegal services are outside the scope of the Treaty
  4. 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:

  1. AAny act adopted by the Commission or the Council
  2. BAn act of general application other than a legislative act
  3. CAn act addressed to a specific individual
  4. 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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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).

Answer

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.

Answer

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.

Answer

B · An act of general application other than a legislative act

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