1Practice problems
1.Contract lawMedium
A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:
- AThe full price with no deduction
- BNothing, because performance was not exact
- COnly payment for the materials used
- DThe price less the cost of putting the defects right
2.Contract lawHard
In the Dutch Civil Code (BW), an offer that states a time limit for acceptance is:
- AAutomatically accepted at the end of the period
- BIrrevocable during that period
- CInvalid without notarial approval
- DRevocable at any moment before acceptance
3.Tort lawMedium
A learner driver on her third lesson crashes and injures her instructor. Under Nettleship v Weston, her driving is judged by the standard of:
- AA professional racing driver
- BA reasonable learner at the same stage
- CHer own best efforts as a beginner
- DA reasonably competent and experienced driver
4.Tort lawHard
A mother arrives at hospital about two hours after a road accident and sees her family injured and covered in blood. In McLoughlin v O'Brian, she:
- ACould recover only for financial losses
- BCould not recover, as she was only told about it
- CCould not recover, as she was not at the scene
- DCould recover, as she saw the immediate aftermath
5.Constitutional lawMedium
In CCSU v Minister for the Civil Service (the GCHQ case), Lord Diplock classified the grounds of judicial review as:
- AJurisdiction, motive and fairness
- BLegality, legitimacy and proportionality
- CIllegality, irrationality and procedural impropriety
- DFraud, mistake and duress
6.Constitutional lawHard
After a court makes a declaration of incompatibility, section 10 of the UK Human Rights Act 1998 allows a minister to:
- ASuspend the Convention right in question
- BOverrule the court's declaration
- CRefer the case directly to Strasbourg
- DAmend the incompatible legislation by a remedial order
7.Criminal lawMedium
D, a diabetic, takes insulin, skips food, becomes hypoglycaemic and hits V without knowing what he is doing. D may rely on:
- ANon-insane automatism, because an external factor caused the episode
- BDiminished responsibility, because harm was caused
- CDuress of circumstances, because D was ill
- DInsanity, because diabetes is a disease affecting the functioning of the mind
8.Criminal lawHard
Gross negligence manslaughter in English law (R v Adomako) requires:
- AAn unlawful and dangerous act causing death, judged objectively by sober and reasonable people
- BA duty of care, breach causing death, and negligence so bad that it should be criminal
- CIntention to kill
- DSubjective recklessness about death
9.EU lawMedium
In Foto-Frost (1987), the Court held that national courts:
- ACan freely declare EU acts invalid
- BMust apply EU acts even if the Court of Justice has already declared them invalid
- CCannot declare an EU act invalid themselves and must refer the question
- DCannot refer validity questions to the Court of Justice
10.EU lawHard
In Rottmann (2010), Germany withdrew a naturalisation obtained by deception, leaving the person stateless. The Court held:
- AMember states can never withdraw nationality once granted if doing so would make the person stateless
- BNationality is purely national, so EU law is irrelevant
- CThe withdrawal fell within the scope of EU law and had to respect the principle of proportionality
- DThe person automatically regained his previous nationality
2Solutions
1.Contract law
Answer: D · The price less the cost of putting the defects right
Why this is the answer
Jurisdiction: law of England and Wales. Where an entire contract is substantially performed, the contractor can claim the price minus the cost of remedying defects. Contrast Bolton v Mahadeva, where defects were too serious.
D · The price less the cost of putting the defects right
2.Contract law
Answer: B · Irrevocable during that period
Why this is the answer
Jurisdiction: Dutch law. Under Article 6:219 BW an offer can generally be revoked before acceptance, but not if it states a period for acceptance or its irrevocability follows otherwise from the offer.
B · Irrevocable during that period
3.Tort law
Answer: D · A reasonably competent and experienced driver
Why this is the answer
Jurisdiction: law of England and Wales. The Court of Appeal held that learners must meet the standard of the reasonably competent driver. Inexperience does not lower the standard of care.
D · A reasonably competent and experienced driver
4.Tort law
Answer: D · Could recover, as she saw the immediate aftermath
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords allowed her claim for psychiatric injury, extending secondary victim recovery to those who come upon the immediate aftermath of an accident to a close relative.
D · Could recover, as she saw the immediate aftermath
5.Constitutional law
Answer: C · Illegality, irrationality and procedural impropriety
Why this is the answer
Jurisdiction: law of England and Wales. Illegality covers acting outside or misunderstanding powers; irrationality covers Wednesbury unreasonableness; procedural impropriety covers unfair procedures and breaches of required procedures.
C · Illegality, irrationality and procedural impropriety
6.Constitutional law
Answer: D · Amend the incompatible legislation by a remedial order
Why this is the answer
Jurisdiction: law of England and Wales. A minister may make a remedial order, approved by Parliament, if there are compelling reasons. The declaration itself does not affect the validity of the Act.
D · Amend the incompatible legislation by a remedial order
7.Criminal law
Answer: A · Non-insane automatism, because an external factor caused the episode
Why this is the answer
Jurisdiction: law of England and Wales. In Quick the hypoglycaemia was caused by the insulin, an external factor, so it was non-insane automatism; hyperglycaemia from the disease itself was insanity in Hennessy.
A · Non-insane automatism, because an external factor caused the episode
8.Criminal law
Answer: B · A duty of care, breach causing death, and negligence so bad that it should be criminal
Why this is the answer
Jurisdiction: law of England and Wales. The jury must find a duty, a breach causing death and that the breach was so gross as to deserve criminal sanction; a serious and obvious risk of death must have been foreseeable.
B · A duty of care, breach causing death, and negligence so bad that it should be criminal
9.EU law
Answer: C · Cannot declare an EU act invalid themselves and must refer the question
Why this is the answer
Jurisdiction: EU law. National courts may find EU acts valid, but only the Court of Justice can declare them invalid, so courts doubting validity must refer under Article 267.
C · Cannot declare an EU act invalid themselves and must refer the question
10.EU law
Answer: C · The withdrawal fell within the scope of EU law and had to respect the principle of proportionality
Why this is the answer
Jurisdiction: EU law. Because losing nationality also ends EU citizenship, the decision is reviewable under EU law and must be proportionate, though withdrawal for fraud can be legitimate.
C · The withdrawal fell within the scope of EU law and had to respect the principle of proportionality