Introduction to Law: cram pack

Damages for breach of contract are generally meant to:

1. APut the innocent party in the position as if the contract had been performed
2. BGive the innocent party a profit beyond their loss
3. CReturn both parties only to the position they were in before the contract was made
4. DPunish the party in breach

Liquidated damages clauses are enforceable in English law when:

1. AOnly the party in breach benefits from them
2. BThey are agreed orally only
3. CThey are set as high as possible, so that they deter either party from breaching
4. DThey protect a legitimate interest and are not out of all proportion to it

A learner driver on her third lesson crashes and injures her instructor. Under Nettleship v Weston, her driving is judged by the standard of:

1. AA reasonable learner at the same stage
2. BA reasonably competent and experienced driver
3. CHer own best efforts as a beginner
4. DA professional racing driver

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:

1. AThe surveyor owed no duty, because the buyer was not the client who commissioned the report
2. BThe lender alone could sue the surveyor
3. CThe surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
4. DThe disclaimer excluded all liability to the buyer

In R v Bow Street Magistrate, ex p Pinochet (No 2), the House of Lords set aside its own earlier decision because:

1. AOne judge had links to a charity that was a party to the case
2. BThe judges had made a legal mistake
3. CThe case had been heard in private
4. DPinochet had not been given a lawyer of his own choice at the hearing

A prison policy requires prisoners to be absent while officers search their cells, including their legal correspondence. In R (Daly) v Home Secretary (2001), the House of Lords held:

1. AThe policy was unlawful only for unconvicted prisoners held on remand awaiting trial
2. BThe blanket policy unlawfully interfered with legal professional privilege
3. CThe policy was lawful, as prisoners have no privacy
4. DThe policy was lawful, as prisons need security

Joint enterprise (accessorial liability) after R v Jogee requires that the accessory:

1. AWas present at the scene by chance
2. BMerely foresaw as a real possibility that the principal might commit the crime
3. CIntended to assist or encourage the principal to commit the crime
4. DWas related to the principal

In R v Hancock and Shankland (1986), striking miners pushed a concrete block onto a taxi, killing the driver. The House of Lords held:

1. AForesight of a high probability is evidence from which intention may be inferred, but is not intention itself
2. BForesight of a high probability of death or serious injury is conclusive proof of intention as a matter of law
3. CThe miners intended to kill because death was their aim
4. DIntention can never be inferred from foresight

Article 352 TFEU (the flexibility clause) allows the EU to act where the Treaties have not provided the necessary powers, but requires:

1. AQualified majority in the Council and the consent of the European Parliament
2. BA simple majority in the Parliament only
3. CA referendum in every member state
4. DUnanimity in the Council and the consent of the European Parliament

In Egenberger (2018), the Court held that Article 21 of the Charter (non-discrimination):

1. AIs sufficient in itself to confer a right that individuals can rely on in disputes between private parties
2. BIs a mere principle that cannot be relied on in court
3. CRequires national implementing legislation or secondary EU law before it has any effect in private disputes
4. DApplies only to EU institutions and never to private employers