1Practice problems
1.Contract lawMedium
A buyer is told false figures about a business and is offered documents that would reveal the truth, but does not read them. Under Redgrave v Hurd:
- AThe buyer can still rely on the misrepresentation
- BThe buyer loses all remedies by failing to check
- CThe misrepresentation becomes a term
- DThe buyer can claim only half the loss
2.Contract lawHard
A pays B money to bet on shares using insider information, which is illegal. The bet never happens and A wants the money back. In Patel v Mirza, the Supreme Court held:
- AA could recover the money, applying a policy-based approach to illegality
- BThe money passed to the state as illegal proceeds
- CA could recover only half the money
- DA could not recover, because no claim can be founded on an illegal agreement
3.Tort lawMedium
A five-year-old falls into a trench on open land while playing without an adult. In Phipps v Rochester Corporation, the occupier was:
- ALiable, because the trench was not fenced
- BNot liable, because it could expect parents to supervise very young children
- CNot liable, because the child was a trespasser
- DLiable, because young children must be protected from every danger on the land
4.Tort lawHard
A council's water pipe to a block of flats leaks and causes an embankment to collapse, exposing a gas main. In Transco v Stockport MBC, the House of Lords held:
- AThere was no Rylands liability, because supplying water by pipe was not a non-natural use
- BThe council was strictly liable for all escaping water
- CRylands v Fletcher was abolished in English law
- DThe council was liable in negligence for the leak
5.Constitutional lawMedium
In Soering v UK, the European Court of Human Rights held that extraditing a man to the US to face a possible death sentence would breach Article 3 because:
- AHe would not receive a fair trial
- BOf the extreme conditions and long wait on death row
- CThe death penalty itself always amounts to torture under Article 3
- DThe US is not a party to the Convention
6.Constitutional lawHard
After a court makes a declaration of incompatibility, section 10 of the UK Human Rights Act 1998 allows a minister to:
- AOverrule the court's declaration
- BRefer the case directly to Strasbourg
- CSuspend the Convention right in question
- DAmend the incompatible legislation by a remedial order
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:
- AD intended to return the car later
- BProperty belongs to anyone who has possession or control of it
- COwners who take back their own property are always acting dishonestly
- DThe car was worth more after the repairs
8.Criminal lawHard
In R v Hinks (2000), the House of Lords held that:
- ACivil law always decides criminal liability for theft
- BA valid gift can never be theft because full ownership passes to the recipient at once
- COnly shop thefts involve appropriation
- DReceiving a valid gift can be an appropriation, so it can be theft if dishonest
9.EU lawMedium
Article 34 TFEU prohibits:
- ACartels between undertakings
- BState aid to companies
- CQuantitative restrictions on imports and measures having equivalent effect between member states
- DDiscrimination based on nationality in employment and the provision of services between member states
10.EU lawHard
In Defrenne v Sabena (No 2), the Court held that the principle of equal pay for men and women (now Article 157 TFEU):
- AApplies only to public employers
- BHas both vertical and horizontal direct effect
- CHas no direct effect
- DRequires a directive before it can be applied
2Solutions
1.Contract law
Answer: A · The buyer can still rely on the misrepresentation
Why this is the answer
Jurisdiction: law of England and Wales. A misrepresentee who could have discovered the truth is not barred from relief. It is enough that the statement induced the contract.
A · The buyer can still rely on the misrepresentation
2.Contract law
Answer: A · A could recover the money, applying a policy-based approach to illegality
Why this is the answer
Jurisdiction: law of England and Wales. The court asks whether enforcing the claim would harm the integrity of the legal system, considering the purpose of the prohibition, other public policies and proportionality. Restitution here did not.
A · A could recover the money, applying a policy-based approach to illegality
3.Tort law
Answer: B · Not liable, because it could expect parents to supervise very young children
Why this is the answer
Jurisdiction: law of England and Wales. An occupier is entitled to assume that parents will not let very young children go unaccompanied to places that are obviously dangerous for them.
B · Not liable, because it could expect parents to supervise very young children
4.Tort law
Answer: A · There was no Rylands liability, because supplying water by pipe was not a non-natural use
Why this is the answer
Jurisdiction: law of England and Wales. The Lords kept the rule but confined it. A water supply pipe was an ordinary use, not one creating an exceptionally high risk, so there was no strict liability.
A · There was no Rylands liability, because supplying water by pipe was not a non-natural use
5.Constitutional law
Answer: B · Of the extreme conditions and long wait on death row
Why this is the answer
Jurisdiction: European Convention on Human Rights. A state can breach Article 3 by sending someone to a country where there is a real risk of torture or inhuman treatment. The "death row phenomenon" met this threshold.
B · Of the extreme conditions and long wait on death row
6.Constitutional law
Answer: D · Amend the incompatible legislation by a remedial order
Why this is the answer
Jurisdiction: law of England and Wales. A minister may make a remedial order, approved by Parliament, if there are compelling reasons. The declaration itself does not affect the validity of the Act.
D · Amend the incompatible legislation by a remedial order
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: D · Receiving a valid gift can be an appropriation, so it can be theft if dishonest
Why this is the answer
Jurisdiction: law of England and Wales. Hinks extended Gomez: acquiring an indefeasible title to property can still be an appropriation, leaving dishonesty to filter liability.
D · Receiving a valid gift can be an appropriation, so it can be theft if dishonest
9.EU law
Answer: C · Quantitative restrictions on imports and measures having equivalent effect between member states
Why this is the answer
Jurisdiction: EU law. Article 34 bans quotas and measures having equivalent effect (MEQRs), as defined in Dassonville; Article 36 allows justifications.
C · Quantitative restrictions on imports and measures having equivalent effect between member states
10.EU law
Answer: B · Has both vertical and horizontal direct effect
Why this is the answer
Jurisdiction: EU law. The equal pay provision was held directly effective, enforceable against private employers as well as the state, with limited temporal effect.
B · Has both vertical and horizontal direct effect