1Practice problems
1.Contract lawMedium
An acceptance is sent by telex and arrives in the offeror's office during working hours. Under Entores v Miles Far East, acceptance takes effect:
- AWhen the offeror reads it a week later
- BWhen it is received by the offeror
- CWhen it is sent by the offeree
- DWhen it is confirmed by post
2.Contract lawHard
A council invites tenders by a deadline. A club submits on time, but the council wrongly treats it as late and ignores it. In Blackpool and Fylde Aero Club v Blackpool BC, the Court of Appeal held:
- AThere was no obligation of any kind, as an invitation to tender is only an invitation to treat
- BThe club could only claim in tort for negligence
- CThe council breached an implied contract to consider conforming tenders
- DThe council was obliged to accept the club's tender
3.Tort lawMedium
A surgeon fails to warn a patient of a small risk of a serious complication. The patient would have had the operation anyway, but later. The risk materialises. In Chester v Afshar, the House of Lords held:
- AThe surgeon was not liable, as the "but for" test failed
- BThe patient consented, so there was no claim
- CThe surgeon was liable, modifying normal causation principles
- DThe surgeon was liable only for the cost of the operation
4.Tort lawHard
Members of a religious teaching order abused pupils at schools. The brothers were not employees of the order. In Various Claimants v Catholic Child Welfare Society, the Supreme Court held the order:
- ANot liable, because the order did not own the schools
- BVicariously liable, as the relationship was akin to employment
- CLiable only in contract to the schools
- DNot liable, because the brothers were not employees
5.Constitutional lawMedium
Under AG v De Keyser's Royal Hotel, when a statute covers the same ground as a prerogative power:
- AThe government may still choose the prerogative if it offers more flexible powers
- BThe government can choose freely between the two
- CThe prerogative is put in abeyance and the government must act under the statute
- DThe prerogative overrides the statute
6.Constitutional lawHard
The "dualist" approach to international law means that:
- ATreaties must be incorporated into national law before courts apply them domestically
- BCourts must apply only international law
- CTreaties cannot be signed without a referendum
- DInternational law applies automatically in national courts as soon as a treaty is ratified
7.Criminal lawMedium
D, carrying an imitation gun and a threatening note, walks towards a post office to rob it but is arrested outside before entering. Under the Criminal Attempts Act 1981, D is most likely guilty of:
- ARobbery, because the intention was proved
- BAttempted robbery, because D was carrying an imitation gun and a threatening note
- CBurglary, because D intended to enter the building
- DNothing as attempted robbery yet, because D has not gone beyond preparation
8.Criminal lawHard
Which of these is NOT a qualifying trigger for the loss of control defence under section 55 of the Coroners and Justice Act 2009?
- AA fear of serious violence from the victim
- BSexual infidelity, considered on its own
- CThings said or done of an extremely grave character
- DA combination of fear of violence and grave provocation
9.EU lawMedium
Under Directive 2004/38, an EU citizen may reside in another member state for up to three months:
- AOnly if they prove sufficient resources and comprehensive sickness insurance
- BWith only a valid identity card or passport and no other conditions
- COnly if they have a job offer in that state
- DOnly if they register with the police on arrival
10.EU lawHard
In AKZO (1991), the Court of Justice stated that a market share of 50% or more:
- AIs irrelevant to the assessment of dominance
- BCan in itself be evidence of a dominant position, in the absence of exceptional circumstances
- CIs required before any investigation of dominance
- DIs automatically an abuse of a dominant position, without any further analysis being needed by the Commission
2Solutions
1.Contract law
Answer: B · When it is received by the offeror
Why this is the answer
Jurisdiction: law of England and Wales. For instantaneous communications, acceptance is effective when received by the offeror. The Brimnes added that a message received in office hours is effective then, even if not read.
B · When it is received by the offeror
2.Contract law
Answer: C · The council breached an implied contract to consider conforming tenders
Why this is the answer
Jurisdiction: law of England and Wales. An invitation to tender can create an implied unilateral contract to consider every tender submitted in time and in the right form, even though there is no duty to accept any of them.
C · The council breached an implied contract to consider conforming tenders
3.Tort law
Answer: C · The surgeon was liable, modifying normal causation principles
Why this is the answer
Jurisdiction: law of England and Wales. A majority allowed the claim on policy grounds to protect patient autonomy, even though the patient might have suffered the same risk if the operation had been delayed.
C · The surgeon was liable, modifying normal causation principles
4.Tort law
Answer: B · Vicariously liable, as the relationship was akin to employment
Why this is the answer
Jurisdiction: law of England and Wales. The brothers worked under the order's direction, as part of its mission and hierarchy, so the relationship was sufficiently akin to employment. The abuse was also closely connected to that relationship.
B · Vicariously liable, as the relationship was akin to employment
5.Constitutional law
Answer: C · The prerogative is put in abeyance and the government must act under the statute
Why this is the answer
Jurisdiction: law of England and Wales. Where Parliament has legislated in an area, the Crown cannot use a prerogative power to avoid the statute's conditions, such as a duty to pay compensation.
C · The prerogative is put in abeyance and the government must act under the statute
6.Constitutional law
Answer: A · Treaties must be incorporated into national law before courts apply them domestically
Why this is the answer
Jurisdiction: general principle, found in most legal systems. In dualist systems international and national law are separate; treaties need implementing legislation. The Netherlands is more monist: binding treaty provisions can have direct effect.
A · Treaties must be incorporated into national law before courts apply them domestically
7.Criminal law
Answer: D · Nothing as attempted robbery yet, because D has not gone beyond preparation
Why this is the answer
Jurisdiction: law of England and Wales. In Campbell the defendant was arrested near the post office without entering it, and the court held his acts were merely preparatory, though other offences (such as possession of a weapon) may apply.
D · Nothing as attempted robbery yet, because D has not gone beyond preparation
8.Criminal law
Answer: B · Sexual infidelity, considered on its own
Why this is the answer
Jurisdiction: law of England and Wales. Section 55(6)(c) says sexual infidelity is to be disregarded as a trigger, but R v Clinton held it may be considered as context for another qualifying trigger.
B · Sexual infidelity, considered on its own
9.EU law
Answer: B · With only a valid identity card or passport and no other conditions
Why this is the answer
Jurisdiction: EU law. For the first three months the only requirement is a valid identity document; longer residence requires being a worker, self-employed, self-sufficient or a student (Article 7).
B · With only a valid identity card or passport and no other conditions
10.EU law
Answer: B · Can in itself be evidence of a dominant position, in the absence of exceptional circumstances
Why this is the answer
Jurisdiction: EU law. Very large market shares create a presumption of dominance; AKZO also held that pricing below average variable cost is presumed abusive.
B · Can in itself be evidence of a dominant position, in the absence of exceptional circumstances