Introduction to Law: cram pack

Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:

1. AOnly if it satisfies the requirement of reasonableness
2. BAlways, because businesses can bargain freely
3. COnly if signed by a company director
4. DNever, in any circumstances

A client repudiates an advertising contract the same day it is made. The agency ignores this, displays the adverts for the full period and sues for the price. In White and Carter v McGregor:

1. AThe agency had to obtain a court order first
2. BThe agency could recover the full price
3. CThe agency could only claim damages after mitigating
4. DThe agency could recover nothing

A cricket ball is hit out of a ground very rarely and injures a passer-by. In Bolton v Stone, the club was:

1. ANegligent, because the injury was foreseeable
2. BNegligent, because it did not stop playing cricket
3. CStrictly liable for anything leaving the ground
4. DNot negligent, because the risk was very small

Young offenders escape while their officers sleep, and damage a yacht nearby. In Home Office v Dorset Yacht Co, the House of Lords held:

1. ANo duty, because the damage was done by third parties acting of their own free will
2. BThe yacht owner was contributorily negligent
3. CNo duty, because the Home Office is part of the Crown
4. DA duty could be owed, because the officers had control over the offenders

A bicameral legislature has:

1. ANo elected members
2. BTwo chambers
3. CThree chambers
4. DOne chamber

After a court makes a declaration of incompatibility, section 10 of the UK Human Rights Act 1998 allows a minister to:

1. AAmend the incompatible legislation by a remedial order
2. BSuspend the Convention right in question
3. CRefer the case directly to Strasbourg
4. DOverrule the court's declaration

D supplies heroin to V, an adult, who freely and knowingly injects herself and dies. According to R v Kennedy (No 2), D is:

1. AGuilty of manslaughter, because V's choice is irrelevant
2. BGuilty of unlawful act manslaughter, because supplying a class A drug is itself unlawful and dangerous
3. CNot guilty of manslaughter, because V's free and informed choice broke the chain of causation
4. DGuilty of manslaughter, because supply always causes the death

In R v Cunningham (1957), D tore a gas meter off a wall to steal money; gas leaked and poisoned a neighbour. The court held "maliciously" means:

1. AIntending the harm or foreseeing the risk of it and taking it anyway
2. BFailing to notice a risk an ordinary person would see
3. CActing in a way that is against the law
4. DActing with wickedness or ill will towards the victim, as in ordinary usage

Francovich (1991) established that:

1. AMember states can be liable to pay damages for failing to implement a directive
2. BDirectives have horizontal direct effect
3. CIndividuals can enforce unimplemented directives directly against private employers
4. DThe Commission can annul national laws

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. BThe allowance was outside EU law entirely
3. COnly workers may claim social benefits in a host state
4. DUnion citizenship is destined to be the fundamental status of nationals, so he could not be refused it on grounds of nationality