1Practice problems
1.Contract lawMedium
A sailor is to be paid only on completing a voyage, but dies part of the way. Under the strict rule applied in Cutter v Powell:
- AThe full wages were payable
- BA proportion of the wages was payable
- CThe ship owner had to pay compensation
- DNothing was recoverable for the part performed
2.Contract lawHard
In a face-to-face sale, a rogue falsely claims to be a famous actor, pays with a worthless cheque, and sells the car on to an innocent buyer. Under Lewis v Averay, the first contract was:
- AVoid, because cheques cannot pay for cars
- BVoid for mistake, so the innocent buyer got no title
- CVoidable for fraud, so the innocent buyer got good title
- DValid, and the seller could only sue the rogue in tort
3.Tort lawMedium
Pure economic loss caused by negligent acts is:
- AAlways recoverable
- BGenerally not recoverable, with exceptions such as negligent misstatement
- CRecoverable only for companies
- DRecoverable only where the defendant's conduct was also a criminal offence of some kind
4.Tort lawHard
A newspaper publishes that a model is attending Narcotics Anonymous, with details and photographs of her leaving a meeting. In Campbell v MGN, the House of Lords held:
- AThere was no claim, because the photographs were taken on a public street in London
- BThere was no claim, because she had lied about drug use
- CPublishing the details and photographs was a misuse of private information
- DOnly the fact of her addiction was private
5.Constitutional lawMedium
Under Article 94 of the Dutch Constitution, Dutch courts:
- AMust refer all treaty questions to the Council of State
- BCan strike down statutes that conflict with the Constitution or with general principles
- CDo not apply statutes that conflict with treaty provisions binding on everyone
- DApply statutes even if they conflict with treaties
6.Constitutional lawHard
A statute says a commission's "determination ... shall not be called in question in any court of law". In Anisminic v Foreign Compensation Commission, the House of Lords held:
- AThe clause was invalid as unconstitutional
- BThe clause excluded all judicial review
- CThe decision was immune from review because the ouster clause applied to all its determinations
- DThe clause did not protect a decision based on an error of law, because that was a nullity
7.Criminal lawMedium
D parks his car on a police officer's foot by accident, then refuses to move it once told. Under Fagan v MPC, this is:
- AOnly criminal damage to the officer's shoe
- BA battery, because the act was continuing when the mens rea arose
- CA mere omission without any duty to act
- DNo offence, because the original act was accidental and mens rea arose only afterwards
8.Criminal lawHard
In R v Windle (1952), the court interpreted "wrong" in the M'Naghten Rules to mean:
- AMorally wrong by society's standards
- BWrong in the eyes of a doctor
- CLegally wrong
- DWrong according to the defendant's own beliefs
9.EU lawMedium
Under the Lisbon voting rules, a blocking minority in the Council must include at least:
- ATwo member states
- BTen member states
- CFour member states
- DHalf of the member states
10.EU lawHard
In Grzelczyk (2001), a French student in Belgium was refused a minimum subsistence allowance. The Court held:
- AStudents have no rights under EU law in a host state
- BOnly workers may claim social benefits in a host state
- CUnion citizenship is destined to be the fundamental status of nationals, so he could not be refused it on grounds of nationality
- DThe allowance was outside EU law entirely
2Solutions
1.Contract law
Answer: D · Nothing was recoverable for the part performed
Why this is the answer
Jurisdiction: law of England and Wales. Where payment depends on complete performance, partial performance traditionally earns nothing. The harshness is softened by substantial performance and, for frustration, by statute.
D · Nothing was recoverable for the part performed
2.Contract law
Answer: C · Voidable for fraud, so the innocent buyer got good title
Why this is the answer
Jurisdiction: law of England and Wales. In face-to-face dealings there is a strong presumption that the seller intends to deal with the person present. The contract is voidable for fraud, and a buyer in good faith before avoidance takes good title.
C · Voidable for fraud, so the innocent buyer got good title
3.Tort law
Answer: B · Generally not recoverable, with exceptions such as negligent misstatement
Why this is the answer
Jurisdiction: law of England and Wales. Courts generally refuse claims for pure economic loss from negligent acts, but allow them in special relationships, such as reliance on negligent advice (Hedley Byrne).
B · Generally not recoverable, with exceptions such as negligent misstatement
4.Tort law
Answer: C · Publishing the details and photographs was a misuse of private information
Why this is the answer
Jurisdiction: law of England and Wales. The paper could reveal she had lied about drug use, but the details of her treatment and the photographs went further. Balancing Articles 8 and 10, her privacy prevailed.
C · Publishing the details and photographs was a misuse of private information
5.Constitutional law
Answer: C · Do not apply statutes that conflict with treaty provisions binding on everyone
Why this is the answer
Jurisdiction: Dutch law. Although courts may not review statutes against the Constitution, they can disapply them where they conflict with self-executing treaty provisions, such as many ECHR rights.
C · Do not apply statutes that conflict with treaty provisions binding on everyone
6.Constitutional law
Answer: D · The clause did not protect a decision based on an error of law, because that was a nullity
Why this is the answer
Jurisdiction: law of England and Wales. A decision outside jurisdiction, including through an error of law, is not a real "determination" at all, so the ouster clause did not protect it. The case shows courts read ouster clauses very narrowly.
D · The clause did not protect a decision based on an error of law, because that was a nullity
7.Criminal law
Answer: B · A battery, because the act was continuing when the mens rea arose
Why this is the answer
Jurisdiction: law of England and Wales. The court treated driving onto and staying on the foot as a continuing act, so the later intent coincided with it and a battery was committed.
B · A battery, because the act was continuing when the mens rea arose
8.Criminal law
Answer: C · Legally wrong
Why this is the answer
Jurisdiction: law of England and Wales. A defendant who knows the act is against the law cannot rely on insanity, even if they believe it to be morally right; R v Johnson (2007) confirmed this.
9.EU law
Answer: C · Four member states
Why this is the answer
Jurisdiction: EU law. Article 16(4) TEU requires a blocking minority of at least four Council members; otherwise the qualified majority is deemed attained.
10.EU law
Answer: C · Union citizenship is destined to be the fundamental status of nationals, so he could not be refused it on grounds of nationality
Why this is the answer
Jurisdiction: EU law. Relying on citizenship and non-discrimination, the Court held that a lawfully resident student could not be denied a benefit available to nationals, though states may act if a person becomes an unreasonable burden.
C · Union citizenship is destined to be the fundamental status of nationals, so he could not be refused it on grounds of nationality