Introduction to Law: cram pack

An unusual and onerous term in standard conditions will only be incorporated if:

1. AThe other party could have found it online
2. BIt appears on the back of a receipt
3. CIt was fairly and reasonably brought to the other party's attention
4. DIt is printed anywhere in the contract documents, however small the type

In Great Peace Shipping v Tsavliris Salvage, the Court of Appeal held that a contract is void for common mistake only if the mistake makes performance:

1. ACommercially less attractive for one party
2. BDifferent from the contract in a minor detail
3. CImpossible or essentially different from what the parties agreed
4. DMore expensive to carry out than both parties had expected when contracting

The Caparo test for a new duty of care requires:

1. AIntention, motive and damage
2. BA contract between the parties, a breach of its terms and loss flowing directly from the breach
3. CForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
4. DProof of criminal conduct

Intruders start a fire in an empty, locked cinema, which spreads to neighbouring buildings. The owner did not know of earlier break-ins. In Smith v Littlewoods, the owner was:

1. ALiable, because fire spreading is always foreseeable
2. BNot liable, because it had no knowledge of the risk
3. CLiable, because occupiers must guard against all intruders
4. DStrictly liable under Rylands v Fletcher

In Hirst v UK (No 2), the European Court of Human Rights held that the UK's blanket ban on voting by convicted prisoners:

1. AViolated the right to freedom of expression in Article 10 of the Convention
2. BWas within the UK's margin of appreciation
3. CWas justified because prisoners have no rights
4. DViolated the right to free elections in Protocol 1, Article 3

In R (Privacy International) v Investigatory Powers Tribunal (2019), the Supreme Court held that an ouster clause protecting the Tribunal's decisions:

1. AApplied only to decisions on national security
2. BDid not exclude judicial review of its errors of law
3. CWas invalid because it was in secondary legislation
4. DExcluded all review of its decisions

D drives on the pavement to escape a man who is threatening to kill him. The most suitable defence is:

1. ADuress of circumstances
2. BConsent
3. CDiminished responsibility
4. DLoss of control

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

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

1. AJobs in companies that have government contracts
2. BAny job paid for by public funds
3. CAll jobs in the public sector, including those of nurses, teachers and railway workers employed by the state
4. DPosts involving the exercise of public power and safeguarding the general interests of the state

In Rottmann (2010), Germany withdrew a naturalisation obtained by deception, leaving the person stateless. The Court held:

1. AThe person automatically regained his previous nationality
2. BNationality is purely national, so EU law is irrelevant
3. CMember states can never withdraw nationality once granted if doing so would make the person stateless
4. DThe withdrawal fell within the scope of EU law and had to respect the principle of proportionality