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 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:

  1. AThe full wages were payable
  2. BA proportion of the wages was payable
  3. CThe ship owner had to pay compensation
  4. 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:

  1. AVoid, because cheques cannot pay for cars
  2. BVoid for mistake, so the innocent buyer got no title
  3. CVoidable for fraud, so the innocent buyer got good title
  4. DValid, and the seller could only sue the rogue in tort
3.Tort lawMedium

Pure economic loss caused by negligent acts is:

  1. AAlways recoverable
  2. BGenerally not recoverable, with exceptions such as negligent misstatement
  3. CRecoverable only for companies
  4. 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:

  1. AThere was no claim, because the photographs were taken on a public street in London
  2. BThere was no claim, because she had lied about drug use
  3. CPublishing the details and photographs was a misuse of private information
  4. DOnly the fact of her addiction was private
5.Constitutional lawMedium

Under Article 94 of the Dutch Constitution, Dutch courts:

  1. AMust refer all treaty questions to the Council of State
  2. BCan strike down statutes that conflict with the Constitution or with general principles
  3. CDo not apply statutes that conflict with treaty provisions binding on everyone
  4. 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:

  1. AThe clause was invalid as unconstitutional
  2. BThe clause excluded all judicial review
  3. CThe decision was immune from review because the ouster clause applied to all its determinations
  4. 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:

  1. AOnly criminal damage to the officer's shoe
  2. BA battery, because the act was continuing when the mens rea arose
  3. CA mere omission without any duty to act
  4. 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:

  1. AMorally wrong by society's standards
  2. BWrong in the eyes of a doctor
  3. CLegally wrong
  4. 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:

  1. ATwo member states
  2. BTen member states
  3. CFour member states
  4. 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:

  1. AStudents have no rights under EU law in a host state
  2. BOnly workers may claim social benefits in a host state
  3. CUnion citizenship is destined to be the fundamental status of nationals, so he could not be refused it on grounds of nationality
  4. 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.

Answer

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.

Answer

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).

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

C · Legally wrong
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.

Answer

C · Four member states
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.

Answer

C · Union citizenship is destined to be the fundamental status of nationals, so he could not be refused it on grounds of nationality

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