1Practice problems
1.Contract lawMedium
Under the Law Reform (Frustrated Contracts) Act 1943, money paid before a frustrating event is generally:
- APaid into court for distribution
- BPayable twice, as a penalty
- CLost, because the loss must lie where it falls once the contract is frustrated
- DRecoverable, though the court may let the payee keep some for expenses
2.Contract lawHard
A builder agrees to finish work for an agreed price, then demands more money. The client pays to avoid delay and gets a practical benefit. In English law (Williams v Roffey), the promise to pay more may be:
- AEnforceable, because the practical benefit can be consideration if there is no duress
- BA criminal offence
- CUnenforceable, because performing an existing contractual duty can never be good consideration
- DEnforceable only if made in writing
3.Tort lawMedium
A worker inhales silica dust from two sources, only one of which was due to the employer's breach. In Bonnington Castings v Wardlaw, the employer was liable because the guilty dust:
- AWas the only cause of the disease
- BWas more than half of the total dust
- CWas easier to prevent than the other dust
- DMaterially contributed to the disease
4.Tort lawHard
Under section 4 of the Defamation Act 2013, the public interest defence requires that:
- AThe statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
- BThe statement was made in Parliament or in court
- CThe statement was on a matter of public interest and the defendant honestly believed that every factual claim it contained was true
- DThe statement is shown to be substantially true
5.Constitutional lawMedium
To bring a claim for judicial review in England and Wales, the claimant must have:
- ASuffered financial loss
- BPermission from the minister
- CA contract with the public body
- DA sufficient interest in the matter
6.Constitutional lawHard
Article 79(3) of the German Basic Law (the "eternity clause") forbids amendments that affect:
- AThe federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
- BThe electoral system, the number of seats in the Bundestag, or any of the rules in Articles 38 to 48 on elections
- CAny article of the Basic Law at all
- DOnly the articles on taxation
7.Criminal lawMedium
D and V are playing a properly organised rugby match. D tackles V within the rules and V breaks a leg. D is most likely:
- ALiable, because rugby is not a recognised sport
- BNot liable, because players consent to injuries within the rules of the game
- CLiable for GBH, because a serious injury was caused
- DLiable for battery, because consent is never a defence to serious bodily harm
8.Criminal lawHard
Why is the principle of "lex certa" important in criminal law?
- ACriminal laws must be clear enough for people to foresee what is punishable
- BLaws must be certain to be enforced, so the police have no discretion in applying them
- CJudges must be certain before sentencing
- DOnly certain crimes can be prosecuted
9.EU lawMedium
Under the subsidiarity protocol, a "yellow card" is triggered when reasoned opinions represent at least:
- AAll national parliaments
- BOne third of the votes allocated to national parliaments
- CA simple majority of the votes of the Members of the European Parliament
- DTwo member state governments
10.EU lawHard
In CIA Security (1996), Belgian technical rules not notified to the Commission as required by a directive were held to be:
- AInapplicable, even in a dispute between private competitors
- BVoid only in disputes against the Belgian state
- CValid, because directives do not have horizontal direct effect
- DValid until the Commission brings infringement proceedings
2Solutions
1.Contract law
Answer: D · Recoverable, though the court may let the payee keep some for expenses
Why this is the answer
Jurisdiction: law of England and Wales. Sums paid are recoverable and sums payable cease to be payable. The court may allow the payee to keep or recover an amount for expenses incurred, up to the sums paid or payable.
D · Recoverable, though the court may let the payee keep some for expenses
2.Contract law
Answer: A · Enforceable, because the practical benefit can be consideration if there is no duress
Why this is the answer
Jurisdiction: law of England and Wales. Williams v Roffey held that a practical benefit to the promisor can be good consideration for paying more for the same work, provided there is no economic duress.
A · Enforceable, because the practical benefit can be consideration if there is no duress
3.Tort law
Answer: D · Materially contributed to the disease
Why this is the answer
Jurisdiction: law of England and Wales. Where a disease is caused by a cumulative process, a claimant succeeds by proving that the tortious source made a material contribution to it, even if it was not the sole cause.
D · Materially contributed to the disease
4.Tort law
Answer: A · The statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
Why this is the answer
Jurisdiction: law of England and Wales. Section 4 protects responsible publication on matters of public interest, even if the statement turns out to be untrue. The court considers all the circumstances, with allowance for editorial judgment.
A · The statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
5.Constitutional law
Answer: D · A sufficient interest in the matter
Why this is the answer
Jurisdiction: law of England and Wales. The standing test is a sufficient interest. Courts have interpreted it generously, often allowing pressure groups to bring public interest claims.
D · A sufficient interest in the matter
6.Constitutional law
Answer: A · The federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
Why this is the answer
Jurisdiction: German law. Some core principles, including human dignity, democracy, the rule of law and federalism, cannot be changed even by the normal two-thirds majorities.
A · The federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
7.Criminal law
Answer: B · Not liable, because players consent to injuries within the rules of the game
Why this is the answer
Jurisdiction: law of England and Wales. Players impliedly consent to contact within the rules and to risks reasonably incidental to the game; deliberate off-the-ball violence is different (R v Barnes).
B · Not liable, because players consent to injuries within the rules of the game
8.Criminal law
Answer: A · 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.
A · Criminal laws must be clear enough for people to foresee what is punishable
9.EU law
Answer: B · One third of the votes allocated to national parliaments
Why this is the answer
Jurisdiction: EU law. When one third of the votes (one quarter in the area of freedom, security and justice) object, the Commission must review the proposal, though it may maintain it.
B · One third of the votes allocated to national parliaments
10.EU law
Answer: A · Inapplicable, even in a dispute between private competitors
Why this is the answer
Jurisdiction: EU law. Breach of the notification duty makes the technical regulation unenforceable against individuals, so it could not be relied on by a competitor in private litigation.
A · Inapplicable, even in a dispute between private competitors