1Practice problems
1.Contract lawMedium
A promises to keep an offer open until Friday. On Thursday, B hears from a reliable third party that A has sold the property to someone else. Under Dickinson v Dodds:
- AB can sue A for breaking the promise to keep it open
- BThe offer has been revoked, so B can no longer accept
- CThe offer stays open until Friday, as A promised
- DB can accept and claim the property from the new buyer
2.Contract lawHard
A chartered ship is returned late, and the owner loses a very profitable follow-on charter. In The Achilleas, the House of Lords held the charterer was liable:
- AFor no loss, because late return is not a breach
- BFor punitive damages, because the delay was deliberate
- COnly for the market rate difference during the overrun period
- DFor the whole profit lost on the follow-on charter, as it was foreseeable
3.Tort lawMedium
The Bolam test applies to:
- AThe standard of care expected of professionals such as doctors
- BDefamation defences
- CThe remoteness of damage
- DOccupiers' liability to trespassers
4.Tort lawHard
An internal auditor with a grudge against his employer leaks staff payroll data online. In WM Morrison Supermarkets v Various Claimants (2020), the Supreme Court held the employer:
- ANot vicariously liable, as he was pursuing a personal vendetta
- BVicariously liable, as data breaches are strict liability
- CLiable only to staff whose data was used for fraud
- DVicariously liable, as he had access to the data through his job
5.Constitutional lawMedium
The Dutch Constitution (Article 120) forbids courts from:
- AHearing criminal cases
- BReviewing decisions of municipalities and provinces against national statutes
- CReviewing Acts of Parliament for compatibility with the Constitution
- DApplying international treaties
6.Constitutional lawHard
In YL v Birmingham City Council (2007), the House of Lords held that a private care home housing residents funded by a council:
- AWas a core public authority
- BWas a hybrid public authority bound by the Act for all the care it provided
- CCould not house publicly funded residents
- DWas not exercising a function of a public nature under the Human Rights Act
7.Criminal lawMedium
D, being pursued by armed police, uses V as a human shield and fires at the officers. The police return fire and kill V. Following R v Pagett, D is:
- ANot liable, because the police officers' decision to fire was a free, deliberate and informed intervening act
- BLiable, because the police acted reasonably in self-defence and did not break the chain of causation
- CNot liable, because V's death was not foreseeable to D
- DLiable only if the police officers are also convicted
8.Criminal lawHard
R v Gomez (1993) held that an appropriation in theft:
- ACan occur even when the owner consents, if the consent was obtained by deception
- BRequires that the act was not authorised by the owner, even if consent was obtained by fraud
- COnly occurs when the defendant leaves the shop
- DRequires a physical taking of the property
9.EU lawMedium
Environmental policy is an example of which type of EU competence?
- ANo EU competence at all
- BShared competence
- CSupporting competence
- DExclusive competence
10.EU lawHard
In Commission v Italy (trailers, 2009), an Italian ban on motorcycles towing trailers was held to be:
- AOutside Article 34 because it applied equally to domestic and imported motorcycles and trailers alike
- BA selling arrangement outside Article 34
- CA measure having equivalent effect, because it hindered access to the market for the product
- DA customs duty contrary to Article 30
2Solutions
1.Contract law
Answer: B · The offer has been revoked, so B can no longer accept
Why this is the answer
Jurisdiction: law of England and Wales. A promise to keep an offer open is not binding without consideration. Revocation can be communicated by a reliable third party, and B knew A no longer intended to sell.
B · The offer has been revoked, so B can no longer accept
2.Contract law
Answer: C · Only for the market rate difference during the overrun period
Why this is the answer
Jurisdiction: law of England and Wales. The majority held that the charterer had not assumed responsibility for the loss of an unusually profitable follow-on charter, given the general understanding in the shipping market.
C · Only for the market rate difference during the overrun period
3.Tort law
Answer: A · The standard of care expected of professionals such as doctors
Why this is the answer
Jurisdiction: law of England and Wales. A professional is not negligent if they acted in accordance with a practice accepted as proper by a responsible body of professionals (later qualified by Bolitho).
A · The standard of care expected of professionals such as doctors
4.Tort law
Answer: A · Not vicariously liable, as he was pursuing a personal vendetta
Why this is the answer
Jurisdiction: law of England and Wales. Giving the employee the opportunity to commit the wrong was not enough. He was not engaged in furthering the employer's business but pursuing a personal aim, so the close connection test was not met.
A · Not vicariously liable, as he was pursuing a personal vendetta
5.Constitutional law
Answer: C · Reviewing Acts of Parliament for compatibility with the Constitution
Why this is the answer
Jurisdiction: Dutch law. Article 120 prohibits constitutional review of Acts of Parliament, but Article 94 lets courts disapply statutes that conflict with self-executing treaty provisions such as the ECHR.
C · Reviewing Acts of Parliament for compatibility with the Constitution
6.Constitutional law
Answer: D · Was not exercising a function of a public nature under the Human Rights Act
Why this is the answer
Jurisdiction: law of England and Wales. The majority held that providing care under a commercial contract was not a public function. Parliament later provided that such providers act as public authorities in this context.
D · Was not exercising a function of a public nature under the Human Rights Act
7.Criminal law
Answer: B · Liable, because the police acted reasonably in self-defence and did not break the chain of causation
Why this is the answer
Jurisdiction: law of England and Wales. In Pagett the officers' reasonable act of self-defence was not a free, deliberate and informed act breaking the chain, so D caused V's death.
B · Liable, because the police acted reasonably in self-defence and did not break the chain of causation
8.Criminal law
Answer: A · Can occur even when the owner consents, if the consent was obtained by deception
Why this is the answer
Jurisdiction: law of England and Wales. Gomez held that any assumption of the rights of an owner is an appropriation, whether or not the owner consented, overruling the narrower view in Morris.
A · Can occur even when the owner consents, if the consent was obtained by deception
9.EU law
Answer: B · Shared competence
Why this is the answer
Jurisdiction: EU law. In shared areas such as the environment, consumer protection and the internal market, member states may legislate to the extent the EU has not exercised its competence.
10.EU law
Answer: C · A measure having equivalent effect, because it hindered access to the market for the product
Why this is the answer
Jurisdiction: EU law. The Court held that restrictions on use that prevent or greatly limit demand hinder market access and fall under Article 34, though they may be justified, here by road safety.
C · A measure having equivalent effect, because it hindered access to the market for the product