1Practice problems
1.Contract lawMedium
A sailor is to be paid only on completing a voyage, but dies part of the way. Under the strict rule applied in Cutter v Powell:
- AThe ship owner had to pay compensation
- BNothing was recoverable for the part performed
- CThe full wages were payable
- DA proportion of the wages was payable
2.Contract lawHard
A posts an offer. A week later A posts a revocation. B receives the offer and immediately accepts by telegram, and only later receives the revocation. Applying Byrne v Van Tienhoven:
- AThere was no contract, because the revocation was posted before B's acceptance was sent
- BA contract was made only when B received the revocation
- CThere was no contract, because offers by post can be revoked at any time
- DA contract was made when B accepted, because the revocation had not yet arrived
3.Tort lawMedium
Strict liability means a defendant can be liable:
- AOnly if they acted intentionally
- BOnly if they broke a contract
- COnly for criminal acts
- DWithout proof of fault
4.Tort lawHard
After a workplace injury weakens his leg, a man walks down steep stairs with no handrail while carrying a child, his leg gives way, and he jumps and breaks his ankle. In McKew v Holland and Hannen and Cubitts:
- AHis unreasonable conduct broke the chain of causation
- BThe employer was liable for the ankle injury as a foreseeable result
- CThe employer was liable for half of the ankle injury
- DThe stairs' owner was solely liable
5.Constitutional lawMedium
Ellen Street Estates v Minister of Health is cited for the principle that:
- AEarlier Acts always prevail over later Acts
- BCourts may refuse to apply a later Act
- CParliament can entrench an Act against later repeal by stating expressly that it may not be amended in future
- DParliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
6.Constitutional lawHard
The Wednesbury unreasonableness test asks whether a decision is:
- AUnpopular with the public
- BSlightly less than ideal
- CDifferent from what the judge would have decided on the same evidence
- DSo unreasonable that no reasonable authority could have made it
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:
- ANot liable, because players consent to injuries within the rules of the game
- BLiable, because rugby is not a recognised sport
- 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
In R v Hancock and Shankland (1986), striking miners pushed a concrete block onto a taxi, killing the driver. The House of Lords held:
- AThe miners intended to kill because death was their aim
- BForesight of a high probability is evidence from which intention may be inferred, but is not intention itself
- CForesight of a high probability of death or serious injury is conclusive proof of intention as a matter of law
- DIntention can never be inferred from foresight
9.EU lawMedium
The "public service" exception in Article 45(4) TFEU covers:
- AAll jobs in the public sector, including those of nurses, teachers and railway workers employed by the state
- BPosts involving the exercise of public power and safeguarding the general interests of the state
- CAny job paid for by public funds
- DJobs in companies that have government contracts
10.EU lawHard
In Commission v Italy (Art Treasures, 1968), Italy taxed the export of artistic and historical works. The Court held that:
- AArt is not "goods", so the free movement rules did not apply
- BExport taxes are outside the scope of the customs union
- CThe tax was a charge having equivalent effect and was prohibited regardless of its purpose
- DThe tax was justified under Article 36 to protect national treasures of artistic or historic value
2Solutions
1.Contract law
Answer: B · Nothing was recoverable for the part performed
Why this is the answer
Jurisdiction: law of England and Wales. Where payment depends on complete performance, partial performance traditionally earns nothing. The harshness is softened by substantial performance and, for frustration, by statute.
B · Nothing was recoverable for the part performed
2.Contract law
Answer: D · A contract was made when B accepted, because the revocation had not yet arrived
Why this is the answer
Jurisdiction: law of England and Wales. Revocation is effective only when received. Because B accepted before the revocation reached him, a binding contract was formed.
D · A contract was made when B accepted, because the revocation had not yet arrived
3.Tort law
Answer: D · Without proof of fault
Why this is the answer
Jurisdiction: general principle, found in most legal systems. In strict liability (for example under the EU Product Liability Directive) the claimant need not prove negligence, only the defect, damage and causation.
D · Without proof of fault
4.Tort law
Answer: A · His unreasonable conduct broke the chain of causation
Why this is the answer
Jurisdiction: law of England and Wales. The claimant's own unreasonable conduct can be a new intervening act. Knowing his leg was weak, he acted unreasonably, so the employer was not liable for the second injury.
A · His unreasonable conduct broke the chain of causation
5.Constitutional law
Answer: D · Parliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
Why this is the answer
Jurisdiction: law of England and Wales. Under orthodox sovereignty, each Parliament is supreme and cannot limit future Parliaments by ordinary statute. If two Acts conflict, the later one prevails.
D · Parliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
6.Constitutional law
Answer: D · So unreasonable that no reasonable authority could have made it
Why this is the answer
Jurisdiction: law of England and Wales. Associated Provincial Picture Houses v Wednesbury Corporation set a deliberately high bar: courts intervene only for decisions outside the range of reasonable responses.
D · So unreasonable that no reasonable authority could have made it
7.Criminal law
Answer: A · 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).
A · Not liable, because players consent to injuries within the rules of the game
8.Criminal law
Answer: B · Foresight of a high probability is evidence from which intention may be inferred, but is not intention itself
Why this is the answer
Jurisdiction: law of England and Wales. The Lords stressed that the greater the probability of a consequence, the more likely it was foreseen and intended, but foresight is only evidence. Nedrick and Woollin later refined the direction.
B · Foresight of a high probability is evidence from which intention may be inferred, but is not intention itself
9.EU law
Answer: B · Posts involving the exercise of public power and safeguarding the general interests of the state
Why this is the answer
Jurisdiction: EU law. The exception covers only posts that involve exercising powers conferred by public law, such as in the police or judiciary, not public sector employment in general.
B · Posts involving the exercise of public power and safeguarding the general interests of the state
10.EU law
Answer: C · The tax was a charge having equivalent effect and was prohibited regardless of its purpose
Why this is the answer
Jurisdiction: EU law. Charges at the border are prohibited whatever their aim; Article 36 permits restrictions to protect national treasures but cannot justify fiscal charges.
C · The tax was a charge having equivalent effect and was prohibited regardless of its purpose