1Practice problems
1.Contract lawMedium
Police provide extra officers at a mine during a strike, beyond what their public duty requires, at the owner's request. The owner's promise to pay is:
- AVoid, because it is contrary to public policy
- BEnforceable, because doing more than a public duty is consideration
- CUnenforceable, because police protection can never be consideration for a promise
- DEnforceable only if approved by Parliament
2.Contract lawHard
A contract states it can be varied only in signed writing. The parties later agree an oral variation. In MWB Business Exchange v Rock Advertising, the Supreme Court held:
- AThe clause was void as against public policy
- BThe oral variation was effective, because parties can always vary orally
- CThe oral variation was ineffective, because the clause was binding
- DThe variation was effective as it had consideration
3.Tort lawMedium
An occupier hires a reputable lift company to maintain a lift. The company's negligence causes an accident. Under Haseldine v Daw, the occupier is:
- ALiable only if the lift is new
- BLiable for any defect on its premises
- CNot liable, if it reasonably chose a competent contractor
- DLiable, because maintenance is non-delegable
4.Tort lawHard
In Lachaux v Independent Print (2019), the Supreme Court held that "serious harm" under section 1 of the Defamation Act 2013 must be shown:
- AOnly by the inherent meaning of the words
- BBy the number of people who read it, which must exceed a fixed threshold
- CBy reference to the actual impact of the statement, as a matter of fact
- DOnly by showing the claimant lost money
5.Constitutional lawMedium
In CCSU v Minister for the Civil Service (the GCHQ case), Lord Diplock classified the grounds of judicial review as:
- ALegality, legitimacy and proportionality
- BJurisdiction, motive and fairness
- CFraud, mistake and duress
- DIllegality, irrationality and procedural impropriety
6.Constitutional lawHard
In the Urgenda case (2019), the Dutch Supreme Court upheld an order requiring the State to:
- AReduce greenhouse gas emissions by at least 25% compared with 1990 by the end of 2020
- BPay damages to every Dutch citizen
- CClose all coal power stations immediately
- DWithdraw from international climate agreements
7.Criminal lawMedium
D is present when a crime is committed but does nothing to help or encourage it. Following R v Clarkson, D is:
- AAn accessory, because voluntary presence at the scene always amounts to encouragement
- BAn accessory, because D could have called the police
- CNot an accessory, because mere presence without intent to encourage is not enough
- DThe principal, because D witnessed the whole crime
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:
- AAttempt requires the last act before the crime
- BHis acts were merely preparatory, as he had not embarked on the "crime proper"
- CHe was guilty of attempted theft, as running onto the track was more than preparatory
- DImpossibility gave him a complete defence
9.EU lawMedium
In Levin (1982), the Court held that a part-time worker is protected by Article 45 if the work is:
- AEffective and genuine, and not purely marginal and ancillary
- BDone for the main purpose of obtaining residence
- CAt least 30 hours per week
- DPaid enough to live without social benefits
10.EU lawHard
In the Factortame litigation, the CJEU held that national courts must:
- AWait for Parliament to amend the statute first
- BApply national statutes until the national parliament itself repeals any rule that conflicts with EU law
- CRefer the case to the European Court of Human Rights
- DBe able to grant interim relief setting aside a national rule that may breach EU law
2Solutions
1.Contract law
Answer: B · Enforceable, because doing more than a public duty is consideration
Why this is the answer
Jurisdiction: law of England and Wales. Performing an existing public duty is not consideration, but going beyond it is. Here the police provided more protection than they judged necessary, so payment was due.
B · Enforceable, because doing more than a public duty is consideration
2.Contract law
Answer: C · The oral variation was ineffective, because the clause was binding
Why this is the answer
Jurisdiction: law of England and Wales. No oral modification clauses are legally effective, so an informal variation that does not comply has no effect. Estoppel may sometimes help the party who relied on it.
C · The oral variation was ineffective, because the clause was binding
3.Tort law
Answer: C · Not liable, if it reasonably chose a competent contractor
Why this is the answer
Jurisdiction: law of England and Wales. An occupier who acts reasonably in entrusting technical work to a competent independent contractor is not liable for the contractor's faulty work, especially where it cannot check it.
C · Not liable, if it reasonably chose a competent contractor
4.Tort law
Answer: C · By reference to the actual impact of the statement, as a matter of fact
Why this is the answer
Jurisdiction: law of England and Wales. The court held that section 1 requires the claimant to prove, on the facts, that the statement caused or was likely to cause serious harm. This can be inferred from evidence such as the scale of publication and the gravity of the words.
C · By reference to the actual impact of the statement, as a matter of fact
5.Constitutional law
Answer: D · Illegality, irrationality and procedural impropriety
Why this is the answer
Jurisdiction: law of England and Wales. Illegality covers acting outside or misunderstanding powers; irrationality covers Wednesbury unreasonableness; procedural impropriety covers unfair procedures and breaches of required procedures.
D · Illegality, irrationality and procedural impropriety
6.Constitutional law
Answer: A · Reduce greenhouse gas emissions by at least 25% compared with 1990 by the end of 2020
Why this is the answer
Jurisdiction: Dutch law. The Supreme Court held that the State's duties under Articles 2 and 8 ECHR to protect against dangerous climate change required at least that reduction target.
A · Reduce greenhouse gas emissions by at least 25% compared with 1990 by the end of 2020
7.Criminal law
Answer: C · Not an accessory, because mere presence without intent to encourage is not enough
Why this is the answer
Jurisdiction: law of England and Wales. Presence at a crime can be evidence of encouragement, but liability requires actual encouragement and an intention to encourage.
C · Not an accessory, because mere presence without intent to encourage is not enough
8.Criminal law
Answer: B · 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.
B · His acts were merely preparatory, as he had not embarked on the "crime proper"
9.EU law
Answer: A · Effective and genuine, and not purely marginal and ancillary
Why this is the answer
Jurisdiction: EU law. Part-time work counts if it is genuine and effective, even if earnings are below subsistence level, and the motives for moving are not relevant.
A · Effective and genuine, and not purely marginal and ancillary
10.EU law
Answer: D · Be able to grant interim relief setting aside a national rule that may breach EU law
Why this is the answer
Jurisdiction: EU law. A national rule preventing interim relief against a statute must be set aside where needed to protect rights under EU law, making supremacy effective even against Acts of Parliament.
D · Be able to grant interim relief setting aside a national rule that may breach EU law