Introduction to Law: cram pack

A supplier receives a draft agreement, never signs or returns it, but both sides trade on its terms for years. A court is likely to find:

1. AA void agreement for lack of certainty
2. BA contract only for the first delivery
3. CNo contract, because nothing was signed
4. DA contract accepted by conduct

A buyer specifically asks a surveyor to check aircraft noise at a property. The surveyor negligently reports no problem. In Farley v Skinner:

1. ADamages for discomfort were recoverable, as peace of mind was an important object of the obligation
2. BThe buyer had to sell the house before claiming
3. CNo damages were recoverable, because damages for distress or discomfort are always excluded in contract
4. DOnly the difference in market value was recoverable

The Wagon Mound case concerns which issue?

1. ARemoteness: only reasonably foreseeable types of damage are recoverable
2. BDirectness: a defendant is liable for all direct consequences of the breach
3. CDuty of care to unborn children
4. DStrict liability for animals

A council's water pipe to a block of flats leaks and causes an embankment to collapse, exposing a gas main. In Transco v Stockport MBC, the House of Lords held:

1. AThe council was strictly liable for all escaping water
2. BThe council was liable in negligence for the leak
3. CThere was no Rylands liability, because supplying water by pipe was not a non-natural use
4. DRylands v Fletcher was abolished in English law

In the United States, Congress can override a presidential veto by:

1. AA simple majority in the House only
2. BAsking the Supreme Court to approve the bill
3. CA three-quarters vote of the states
4. DA two-thirds vote in both the House and the Senate

The Wednesbury unreasonableness test asks whether a decision is:

1. ASo unreasonable that no reasonable authority could have made it
2. BSlightly less than ideal
3. CDifferent from what the judge would have decided on the same evidence
4. DUnpopular with the public

D, a diabetic, takes insulin, skips food, becomes hypoglycaemic and hits V without knowing what he is doing. D may rely on:

1. ADiminished responsibility, because harm was caused
2. BNon-insane automatism, because an external factor caused the episode
3. CInsanity, because diabetes is a disease affecting the functioning of the mind
4. DDuress of circumstances, because D was ill

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:

1. AHeld that landladies have a duty to search their tenants
2. BUpheld the conviction because drug offences are always strict liability in order to protect public health
3. CQuashed the conviction, holding that mens rea is presumed unless Parliament clearly excludes it
4. DHeld that cannabis offences require a commercial purpose

In Simmenthal (1978), the Court of Justice held that a national court faced with a national law conflicting with EU law must:

1. AAsk the national parliament to amend the law first
2. BApply the national law if it was adopted later
3. CSet the national law aside of its own motion, without waiting for it to be repealed
4. DWait for the national constitutional court to annul the law before it can disapply it

In CIA Security (1996), Belgian technical rules not notified to the Commission as required by a directive were held to be:

1. AVoid only in disputes against the Belgian state
2. BValid, because directives do not have horizontal direct effect
3. CValid until the Commission brings infringement proceedings
4. DInapplicable, even in a dispute between private competitors