Introduction to Law: cram pack

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. BThe ship owner had to pay compensation
3. CNothing was recoverable for the part performed
4. DA proportion of the wages was payable

Liquidated damages clauses are enforceable in English law when:

1. AThey protect a legitimate interest and are not out of all proportion to it
2. BThey are set as high as possible, so that they deter either party from breaching
3. COnly the party in breach benefits from them
4. DThey are agreed orally only

Heat from a neighbour's ordinary activity damages specially sensitive paper stored by the claimant, but would not harm ordinary paper. Under Robinson v Kilvert, the claim:

1. AFails, because heat cannot be a nuisance
2. BFails, because nuisance does not protect abnormally sensitive uses
3. CSucceeds, because the paper was valuable
4. DSucceeds, because any physical damage to goods is an actionable nuisance

In Lachaux v Independent Print (2019), the Supreme Court held that "serious harm" under section 1 of the Defamation Act 2013 must be shown:

1. AOnly by showing the claimant lost money
2. BOnly by the inherent meaning of the words
3. CBy the number of people who read it, which must exceed a fixed threshold
4. DBy reference to the actual impact of the statement, as a matter of fact

To bring a claim for judicial review in England and Wales, the claimant must have:

1. APermission from the minister
2. BSuffered financial loss
3. CA sufficient interest in the matter
4. DA contract with the public body

The "margin of appreciation" doctrine of the European Court of Human Rights means that:

1. AEvery state must apply identical rules
2. BThe Court never reviews national decisions
3. CStates have some discretion in how they protect rights, especially on sensitive moral issues
4. DStates may disregard Strasbourg judgments whenever their own parliament disagrees with the outcome

For malicious wounding or inflicting GBH under section 20 OAPA, the defendant must at least have foreseen:

1. AThat some physical harm might result
2. BNothing, because it is strict liability
3. CThat the victim would die
4. DThat serious harm would certainly result

In R v Sullivan (1984), D injured a friend during an epileptic seizure. The House of Lords held:

1. AOnly psychiatric illnesses can be diseases of the mind
2. BD was guilty because he knew he was epileptic
3. CEpilepsy was an external factor, so the defence was automatism
4. DEpilepsy was a "disease of the mind" in law, so the defence was insanity

Van Gend en Loos (1963) established that:

1. AMember states can leave the EU at will
2. BTreaty provisions can have direct effect and create rights for individuals in national courts
3. CDirectives have horizontal direct effect
4. DTreaty provisions bind only the member states and never create rights for individuals before national courts

In Egenberger (2018), the Court held that Article 21 of the Charter (non-discrimination):

1. AIs a mere principle that cannot be relied on in court
2. BApplies only to EU institutions and never to private employers
3. CIs sufficient in itself to confer a right that individuals can rely on in disputes between private parties
4. DRequires national implementing legislation or secondary EU law before it has any effect in private disputes