1Practice problems
1.Contract lawMedium
Sailors are promised extra wages for sailing a ship home after two crew members desert, but they do no more than their contract already required. In Stilk v Myrick the promise was:
- AUnenforceable for lack of consideration
- BEnforceable as a practical benefit
- CEnforceable because the captain agreed freely
- DUnenforceable because it was made at sea
2.Contract lawHard
A seller agreed to ship goods from Sudan to Hamburg. The Suez Canal was closed, so the ship had to go round the Cape of Good Hope, a much longer route. In Tsakiroglou v Noblee Thorl:
- AThe buyer had to pay the extra freight costs
- BThe contract was void from the start
- CThe contract was not frustrated, as the longer route was not fundamentally different
- DThe contract was frustrated, as shipping via the usual Suez route had become impossible
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:
- ANot liable, if it reasonably chose a competent contractor
- BLiable, because maintenance is non-delegable
- CLiable for any defect on its premises
- DLiable only if the lift is new
4.Tort lawHard
A prisoner known to be a suicide risk kills himself in a police cell after officers leave the door hatch open. In Reeves v Metropolitan Police Commissioner, the House of Lords held:
- AHis deliberate act broke the chain of causation
- BThe police were not liable, because a sane adult's suicide is always a voluntary act breaking the chain
- CHis deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
- DThe claim failed because of illegality
5.Constitutional lawMedium
In Lingens v Austria, the European Court of Human Rights held that politicians:
- AHave no rights under Article 10
- BAre fully protected from any criticism
- CCannot sue for defamation at all
- DMust tolerate wider criticism than private individuals
6.Constitutional lawHard
The legitimate expectation doctrine protects individuals when:
- AA public body made a clear promise or established practice that it then seeks to depart from unfairly
- BA minister speaks in Parliament
- CA contract with the government exists and the public body later fails to perform its contractual obligations
- DAny person hopes for a favourable decision
7.Criminal lawMedium
The "thin skull" rule in criminal law means:
- AThe victim's injuries must be foreseeable in extent
- BThe defendant must take the victim as they find them
- COnly healthy victims are protected
- DA frail victim breaks the chain of causation
8.Criminal lawHard
Why is the principle of "lex certa" important in criminal law?
- ALaws must be certain to be enforced, so the police have no discretion in applying them
- BJudges must be certain before sentencing
- COnly certain crimes can be prosecuted
- DCriminal laws must be clear enough for people to foresee what is punishable
9.EU lawMedium
In Levin (1982), the Court held that a part-time worker is protected by Article 45 if the work is:
- AAt least 30 hours per week
- BDone for the main purpose of obtaining residence
- CEffective and genuine, and not purely marginal and ancillary
- DPaid enough to live without social benefits
10.EU lawHard
In Aranyosi and Căldăraru (2016), the Court held that a judicial authority executing a European Arrest Warrant:
- AMust ask the European Court of Human Rights for permission
- BMay postpone surrender if there is a real risk of inhuman or degrading detention conditions for that person
- CMust always surrender the person, whatever the prison conditions
- DCan refuse any warrant from a state it distrusts in general
2Solutions
1.Contract law
Answer: A · Unenforceable for lack of consideration
Why this is the answer
Jurisdiction: law of England and Wales. Performing an existing contractual duty owed to the promisor was not consideration. In Hartley v Ponsonby the crew went beyond their duty because the voyage became dangerous, so extra pay was enforceable.
A · Unenforceable for lack of consideration
2.Contract law
Answer: C · The contract was not frustrated, as the longer route was not fundamentally different
Why this is the answer
Jurisdiction: law of England and Wales. The contract did not require shipment via Suez. Going round the Cape was more expensive but not a fundamentally different performance.
C · The contract was not frustrated, as the longer route was not fundamentally different
3.Tort law
Answer: A · 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.
A · Not liable, if it reasonably chose a competent contractor
4.Tort law
Answer: C · His deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
Why this is the answer
Jurisdiction: law of England and Wales. Where the duty is to guard against the claimant's own deliberate act, that act cannot break the chain of causation. Damages were reduced for contributory negligence.
C · His deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
5.Constitutional law
Answer: D · Must tolerate wider criticism than private individuals
Why this is the answer
Jurisdiction: European Convention on Human Rights. Under Article 10, the limits of acceptable criticism are wider for a politician acting in a public capacity, who knowingly lays himself open to close scrutiny.
D · Must tolerate wider criticism than private individuals
6.Constitutional law
Answer: A · A public body made a clear promise or established practice that it then seeks to depart from unfairly
Why this is the answer
Jurisdiction: law of England and Wales. A clear, unambiguous representation can create a procedural or substantive legitimate expectation; departing from it may be an abuse of power unless justified by an overriding public interest.
A · A public body made a clear promise or established practice that it then seeks to depart from unfairly
7.Criminal law
Answer: B · The defendant must take the victim as they find them
Why this is the answer
Jurisdiction: law of England and Wales. A defendant is liable for the full consequences even if the victim's characteristics (physical or beliefs) made them worse than expected.
B · The defendant must take the victim as they find them
8.Criminal law
Answer: D · Criminal laws must be clear enough for people to foresee what is punishable
Why this is the answer
Jurisdiction: general principle, found in most legal systems. Criminal provisions must be sufficiently precise and accessible; vague laws violate legal certainty and the legality principle.
D · Criminal laws must be clear enough for people to foresee what is punishable
9.EU law
Answer: C · 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.
C · Effective and genuine, and not purely marginal and ancillary
10.EU law
Answer: B · May postpone surrender if there is a real risk of inhuman or degrading detention conditions for that person
Why this is the answer
Jurisdiction: EU law. The executing court must assess, on specific and updated information, whether the individual faces a real risk of ill-treatment and may postpone surrender while that risk remains.
B · May postpone surrender if there is a real risk of inhuman or degrading detention conditions for that person