1Practice problems
1.Contract lawMedium
Damages for breach of contract are generally meant to:
- APut the innocent party in the position as if the contract had been performed
- BReturn both parties only to the position they were in before the contract was made
- CPunish the party in breach
- DGive the innocent party a profit beyond their loss
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 council breached an implied contract to consider conforming tenders
- CThe club could only claim in tort for negligence
- DThe council was obliged to accept the club's tender
3.Tort lawMedium
Auditors negligently certify a company's accounts. An investor relies on them to buy more shares and suffers loss. In Caparo v Dickman, the auditors:
- AOwed no duty to the investor for this purpose
- BWere strictly liable for errors in the accounts
- COwed a duty to anyone relying on the accounts
- DOwed a duty because the investor was a shareholder
4.Tort lawHard
A man's leg is injured by a negligent driver. Later, robbers shoot the same leg and it is amputated. In Baker v Willoughby, the driver:
- AWas liable only until the shooting
- BRemained liable for the original disability after the shooting
- CWas liable for the amputation too
- DWas released completely from liability by the robbers' later shooting
5.Constitutional lawMedium
In Dudgeon v UK, the European Court of Human Rights held that criminalising consensual homosexual acts between adult men in Northern Ireland:
- AViolated only the right to marry
- BWas outside the scope of the Convention
- CViolated the right to respect for private life under Article 8
- DWas justified under Article 8(2) as necessary to protect public morals
6.Constitutional lawHard
A tribunal orders publication of Prince Charles's letters to ministers. The Attorney General issues a certificate under the Freedom of Information Act overriding it. In R (Evans) v Attorney General (2015), the Supreme Court held:
- AThe certificate was valid, as the Act gave him an unqualified veto over any tribunal decision on disclosure
- BThe Act was incompatible with Article 10 ECHR
- CThe certificate was invalid, as he had merely disagreed with the tribunal's view of the same facts
- DThe letters could never be published
7.Criminal lawMedium
D, who honestly but wrongly believes V is attacking a stranger, punches V. Following R v Williams (Gladstone), D:
- AIs liable, because the mistaken belief was not based on reasonable grounds
- BIs judged on the facts as D honestly believed them to be
- CMust prove the belief on the balance of probabilities
- DIs liable, because the mistake was about the facts
8.Criminal lawHard
In Sweet v Parsley (1970), a landlady was convicted of being concerned in the management of premises used for smoking cannabis. The House of Lords:
- AUpheld the conviction because drug offences are always strict liability in order to protect public health
- BQuashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
- CHeld that cannabis offences require a commercial purpose
- DHeld that landladies have a duty to search their tenants
9.EU lawMedium
Environmental policy is an example of which type of EU competence?
- ASupporting competence
- BShared competence
- CExclusive competence
- DNo EU competence at all
10.EU lawHard
The Kadi judgment (2008) is significant because the CJEU held that:
- AEU measures implementing UN Security Council resolutions must respect EU fundamental rights
- BIndividuals can never challenge sanctions
- CThe EU has no competence in foreign policy
- DUN Security Council resolutions always prevail over EU fundamental rights under the UN Charter
2Solutions
1.Contract law
Answer: A · 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.
A · Put the innocent party in the position as if the contract had been performed
2.Contract law
Answer: B · 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.
B · The council breached an implied contract to consider conforming tenders
3.Tort law
Answer: A · Owed no duty to the investor for this purpose
Why this is the answer
Jurisdiction: law of England and Wales. The accounts were prepared so shareholders could exercise control over the company as a body, not to guide individual investment decisions. There was not enough proximity.
A · Owed no duty to the investor for this purpose
4.Tort law
Answer: B · Remained liable for the original disability after the shooting
Why this is the answer
Jurisdiction: law of England and Wales. The second tort did not wipe out the first defendant's liability for the continuing effects of the first injury. In Jobling, a later natural disease was treated as one of life's vicissitudes and reduced damages.
B · Remained liable for the original disability after the shooting
5.Constitutional law
Answer: C · Violated the right to respect for private life under Article 8
Why this is the answer
Jurisdiction: European Convention on Human Rights. The Court held that criminalising private consensual sexual acts was not necessary in a democratic society and breached Article 8.
C · Violated the right to respect for private life under Article 8
6.Constitutional law
Answer: C · The certificate was invalid, as he had merely disagreed with the tribunal's view of the same facts
Why this is the answer
Jurisdiction: law of England and Wales. The majority read the statutory power narrowly: allowing a minister to override a judicial decision just because he disagreed with it would offend the rule of law.
C · The certificate was invalid, as he had merely disagreed with the tribunal's view of the same facts
7.Criminal law
Answer: B · Is judged on the facts as D honestly believed them to be
Why this is the answer
Jurisdiction: law of England and Wales. D may rely on self-defence if the force was reasonable in the circumstances as D genuinely believed them to be; reasonableness of the belief is only evidence of whether it was held.
B · Is judged on the facts as D honestly believed them to be
8.Criminal law
Answer: B · Quashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
Why this is the answer
Jurisdiction: law of England and Wales. Sweet v Parsley established the presumption that mens rea is required for statutory offences, particularly "truly criminal" ones, unless rebutted by clear words or necessary implication.
B · Quashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
9.EU law
Answer: B · Shared competence
Why this is the answer
Jurisdiction: EU law. In shared areas such as the environment, consumer protection and the internal market, member states may legislate to the extent the EU has not exercised its competence.
10.EU law
Answer: A · EU measures implementing UN Security Council resolutions must respect EU fundamental rights
Why this is the answer
Jurisdiction: EU law. The Court reviewed the EU regulation implementing UN sanctions and annulled it for breaching rights of defence and property, asserting the autonomy of the EU legal order.
A · EU measures implementing UN Security Council resolutions must respect EU fundamental rights