1Practice problems
1.Contract lawMedium
Damages for breach of contract are generally meant to:
- AReturn both parties only to the position they were in before the contract was made
- BPut the innocent party in the position as if the contract had been performed
- CGive the innocent party a profit beyond their loss
- DPunish the party in breach
2.Contract lawHard
A former spy publishes his memoirs in breach of his undertaking not to disclose official information. In AG v Blake, the House of Lords:
- AOrdered him to account for his profits, in an exceptional case
- BAwarded only nominal damages
- CHeld that no remedy was available
- DAwarded punitive damages to the Crown
3.Tort lawMedium
A firefighter is injured by a heavy jack in an unsuitable lorry rushed to rescue a woman trapped under a vehicle. Under Watt v Hertfordshire CC, the fire authority was:
- ANot negligent, because saving life justified the risk
- BNegligent, because it used an unsuitable vehicle
- CStrictly liable for injuries to employees
- DNegligent, because firefighters must never take risks
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:
- ALiable only to staff whose data was used for fraud
- BVicariously liable, as data breaches are strict liability
- CNot vicariously liable, as he was pursuing a personal vendetta
- DVicariously liable, as he had access to the data through his job
5.Constitutional lawMedium
In Lingens v Austria, the European Court of Human Rights held that politicians:
- AHave no rights under Article 10
- BMust tolerate wider criticism than private individuals
- CAre fully protected from any criticism
- DCannot sue for defamation at all
6.Constitutional lawHard
Soldiers shoot dead three suspected terrorists in Gibraltar. In McCann v UK, the European Court of Human Rights found a breach of Article 2 because:
- AThe UK had not ratified the Convention for Gibraltar
- BThe soldiers acted out of personal hatred
- CThe operation was not planned and controlled to minimise the use of lethal force
- DAny killing by state agents breaches Article 2
7.Criminal lawMedium
D buys a substance believing it is heroin and intends to sell it on. In fact it is harmless powder. Following R v Shivpuri, D is:
- AGuilty of attempt, as impossibility is no defence under the 1981 Act
- BNot guilty, because the substance was harmless
- CGuilty of the full offence of dealing drugs
- DNot guilty, because attempting the impossible is no offence under the 1981 Act
8.Criminal lawHard
In R v Gullefer (1990), D ran onto a greyhound track to get the race declared void and recover his bet. The Court of Appeal held:
- AHe was guilty of attempted theft, as running onto the track was more than preparatory
- BAttempt requires the last act before the crime
- CImpossibility gave him a complete defence
- DHis acts were merely preparatory, as he had not embarked on the "crime proper"
9.EU lawMedium
Costa v ENEL (1964) established:
- AThe direct effect of regulations
- BThe supremacy (primacy) of EU law over national law
- CThe principle of subsidiarity
- DState liability for breaches of EU law
10.EU lawHard
EU citizenship case law (Zambrano) established that a third-country national parent of a child who is an EU citizen may have a right of residence when:
- AThe parent has lived lawfully in the child's member state for at least five years before applying for residence
- BRefusal would deprive the child of the genuine enjoyment of the substance of EU citizenship rights
- CThe child is older than 18
- DThe parent pays a residence fee
2Solutions
1.Contract law
Answer: B · Put the innocent party in the position as if the contract had been performed
Why this is the answer
Jurisdiction: general principle, found in most legal systems. Contract damages usually protect the expectation interest. Punitive damages are generally not awarded for breach of contract.
B · Put the innocent party in the position as if the contract had been performed
2.Contract law
Answer: A · Ordered him to account for his profits, in an exceptional case
Why this is the answer
Jurisdiction: law of England and Wales. Account of profits for breach of contract is exceptional, available only where other remedies are inadequate and the claimant has a legitimate interest in preventing the defendant's profit.
A · Ordered him to account for his profits, in an exceptional case
3.Tort law
Answer: A · Not negligent, because saving life justified the risk
Why this is the answer
Jurisdiction: law of England and Wales. The purpose of the defendant's act is relevant. The urgency of saving life justified taking a risk that would be unreasonable in an ordinary commercial setting.
A · Not negligent, because saving life justified the risk
4.Tort law
Answer: C · 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.
C · Not vicariously liable, as he was pursuing a personal vendetta
5.Constitutional law
Answer: B · Must tolerate wider criticism than private individuals
Why this is the answer
Jurisdiction: European Convention on Human Rights. Under Article 10, the limits of acceptable criticism are wider for a politician acting in a public capacity, who knowingly lays himself open to close scrutiny.
B · Must tolerate wider criticism than private individuals
6.Constitutional law
Answer: C · The operation was not planned and controlled to minimise the use of lethal force
Why this is the answer
Jurisdiction: European Convention on Human Rights. Force must be absolutely necessary. The Court found that the planning and control of the operation, including assumptions passed to the soldiers, did not respect the right to life.
C · The operation was not planned and controlled to minimise the use of lethal force
7.Criminal law
Answer: A · Guilty of attempt, as impossibility is no defence under the 1981 Act
Why this is the answer
Jurisdiction: law of England and Wales. Shivpuri overruled Anderton v Ryan: a person can be guilty of attempting an offence that is impossible on the facts, judged on the facts as they believed them.
A · Guilty of attempt, as impossibility is no defence under the 1981 Act
8.Criminal law
Answer: D · His acts were merely preparatory, as he had not embarked on the "crime proper"
Why this is the answer
Jurisdiction: law of England and Wales. Gullefer held that an attempt begins when the defendant embarks on the crime proper; there is no need to have reached the last act, but D had not got that far.
D · His acts were merely preparatory, as he had not embarked on the "crime proper"
9.EU law
Answer: B · The supremacy (primacy) of EU law over national law
Why this is the answer
Jurisdiction: EU law. The Court held that member states had limited their sovereign rights and that national law, even later law, cannot override EU law.
B · The supremacy (primacy) of EU law over national law
10.EU law
Answer: B · Refusal would deprive the child of the genuine enjoyment of the substance of EU citizenship rights
Why this is the answer
Jurisdiction: EU law. Article 20 TFEU precludes measures forcing a child citizen to leave EU territory as a whole, which can give a dependent parent a derived right of residence.
B · Refusal would deprive the child of the genuine enjoyment of the substance of EU citizenship rights