Introduction to Law: cram pack

Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.

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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:

  1. AThe ship owner had to pay compensation
  2. BNothing was recoverable for the part performed
  3. CThe full wages were payable
  4. 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:

  1. AThere was no contract, because the revocation was posted before B's acceptance was sent
  2. BA contract was made only when B received the revocation
  3. CThere was no contract, because offers by post can be revoked at any time
  4. 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:

  1. AOnly if they acted intentionally
  2. BOnly if they broke a contract
  3. COnly for criminal acts
  4. 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:

  1. AHis unreasonable conduct broke the chain of causation
  2. BThe employer was liable for the ankle injury as a foreseeable result
  3. CThe employer was liable for half of the ankle injury
  4. DThe stairs' owner was solely liable
5.Constitutional lawMedium

Ellen Street Estates v Minister of Health is cited for the principle that:

  1. AEarlier Acts always prevail over later Acts
  2. BCourts may refuse to apply a later Act
  3. CParliament can entrench an Act against later repeal by stating expressly that it may not be amended in future
  4. 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:

  1. AUnpopular with the public
  2. BSlightly less than ideal
  3. CDifferent from what the judge would have decided on the same evidence
  4. 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:

  1. ANot liable, because players consent to injuries within the rules of the game
  2. BLiable, because rugby is not a recognised sport
  3. CLiable for GBH, because a serious injury was caused
  4. 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:

  1. AThe miners intended to kill because death was their aim
  2. BForesight of a high probability is evidence from which intention may be inferred, but is not intention itself
  3. CForesight of a high probability of death or serious injury is conclusive proof of intention as a matter of law
  4. DIntention can never be inferred from foresight
9.EU lawMedium

The "public service" exception in Article 45(4) TFEU covers:

  1. AAll jobs in the public sector, including those of nurses, teachers and railway workers employed by the state
  2. BPosts involving the exercise of public power and safeguarding the general interests of the state
  3. CAny job paid for by public funds
  4. 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:

  1. AArt is not "goods", so the free movement rules did not apply
  2. BExport taxes are outside the scope of the customs union
  3. CThe tax was a charge having equivalent effect and was prohibited regardless of its purpose
  4. 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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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).

Answer

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.

Answer

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.

Answer

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.

Answer

C · The tax was a charge having equivalent effect and was prohibited regardless of its purpose

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