A contract made under duress may be:
- AAvoided (set aside) by the pressured party
- BTurned into a criminal offence only
- CEnforced against the pressured party in every case
- DAutomatically valid with no remedy
Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.
A contract made under duress may be:
Asked to "telegraph lowest cash price" for a property, the owner replies "Lowest price £900". The enquirer then telegraphs that he accepts. In Harvey v Facey:
Strict liability means a defendant can be liable:
After Barker v Corus held that liability under the Fairchild exception was proportionate to each defendant's share of the risk, Parliament responded for mesothelioma cases by:
In Dudgeon v UK, the European Court of Human Rights held that criminalising consensual homosexual acts between adult men in Northern Ireland:
Which statement about "horizontal effect" of human rights is correct?
D is present when a crime is committed but does nothing to help or encourage it. Following R v Clarkson, D is:
In R v Evans (2009), D supplied heroin to her half-sister, who overdosed. D failed to seek help. The Court of Appeal held:
Under the Lisbon voting rules, a blocking minority in the Council must include at least:
In Höfner and Elser (1991), a German public employment agency was held to be an "undertaking" for competition law because:
Answer: A · Avoided (set aside) by the pressured party
Jurisdiction: general principle, found in most legal systems. Duress (illegitimate pressure that induces the contract) makes the contract voidable at the option of the victim.
Answer: D · There was no contract, because stating a lowest price was not an offer
Jurisdiction: law of England and Wales. Giving information about the price in reply to a request is not an offer to sell. The final telegram was itself an offer, which was never accepted.
Answer: A · Without proof of fault
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: A · Making each responsible person liable for the whole damage, under the Compensation Act 2006
Jurisdiction: law of England and Wales. Section 3 makes each defendant in a mesothelioma case jointly and severally liable for the whole damage, with contribution claims between defendants. Barker still applies to other diseases within Fairchild.
Answer: A · Violated the right to respect for private life under Article 8
Jurisdiction: European Convention on Human Rights. The Court held that criminalising private consensual sexual acts was not necessary in a democratic society and breached Article 8.
Answer: B · Rights can influence legal relations between private parties, often indirectly through courts
Jurisdiction: general principle, found in most legal systems. Human rights mainly bind states, but courts interpreting private law must respect them, giving indirect horizontal effect; states may also have positive obligations to regulate private conduct.
Answer: C · Not an accessory, because mere presence without intent to encourage is not enough
Jurisdiction: law of England and Wales. Presence at a crime can be evidence of encouragement, but liability requires actual encouragement and an intention to encourage.
Answer: A · A duty arose because D had contributed to a life-threatening situation she knew of
Jurisdiction: law of England and Wales. A person who creates or contributes to a dangerous state of affairs, and knows or ought to know of it, has a duty to take reasonable steps; Evans was guilty of gross negligence manslaughter.
Answer: D · Four member states
Jurisdiction: EU law. Article 16(4) TEU requires a blocking minority of at least four Council members; otherwise the qualified majority is deemed attained.
Answer: B · It was engaged in an economic activity, regardless of its legal status and financing
Jurisdiction: EU law. An undertaking is any entity engaged in an economic activity; the fact that it is public or not for profit does not matter.
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