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 contract made under duress may be:

  1. AAvoided (set aside) by the pressured party
  2. BTurned into a criminal offence only
  3. CEnforced against the pressured party in every case
  4. DAutomatically valid with no remedy
2.Contract lawHard

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:

  1. AThere was a contract at a reasonable price
  2. BThe reply was a counter-offer, which the enquirer's telegram then accepted
  3. CThere was a contract at £900
  4. DThere was no contract, because stating a lowest price was not an offer
3.Tort lawMedium

Strict liability means a defendant can be liable:

  1. AWithout proof of fault
  2. BOnly if they acted intentionally
  3. COnly for criminal acts
  4. DOnly if they broke a contract
4.Tort lawHard

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:

  1. AMaking each responsible person liable for the whole damage, under the Compensation Act 2006
  2. BRequiring proof of "but for" causation in all cases
  3. CCreating a state compensation fund to replace tort claims against employers and their insurers entirely
  4. DAbolishing claims for asbestos disease
5.Constitutional lawMedium

In Dudgeon v UK, the European Court of Human Rights held that criminalising consensual homosexual acts between adult men in Northern Ireland:

  1. AViolated the right to respect for private life under Article 8
  2. BViolated only the right to marry
  3. CWas justified under Article 8(2) as necessary to protect public morals
  4. DWas outside the scope of the Convention
6.Constitutional lawHard

Which statement about "horizontal effect" of human rights is correct?

  1. AHorizontal effect means rights apply only to horizontal property boundaries
  2. BRights can influence legal relations between private parties, often indirectly through courts
  3. CPrivate parties can be brought directly before the Strasbourg court by individuals whose rights they breach
  4. DRights apply only between states
7.Criminal lawMedium

D is present when a crime is committed but does nothing to help or encourage it. Following R v Clarkson, D is:

  1. AThe principal, because D witnessed the whole crime
  2. BAn accessory, because voluntary presence at the scene always amounts to encouragement
  3. CNot an accessory, because mere presence without intent to encourage is not enough
  4. DAn accessory, because D could have called the police
8.Criminal lawHard

In R v Evans (2009), D supplied heroin to her half-sister, who overdosed. D failed to seek help. The Court of Appeal held:

  1. AA duty arose because D had contributed to a life-threatening situation she knew of
  2. BNo duty arose, because sisters owe each other no duties
  3. CD was guilty of murder, because she supplied the drug
  4. DD was liable because family members always owe each other a duty to seek medical help
9.EU lawMedium

Under the Lisbon voting rules, a blocking minority in the Council must include at least:

  1. ATen member states
  2. BHalf of the member states
  3. CTwo member states
  4. DFour member states
10.EU lawHard

In Höfner and Elser (1991), a German public employment agency was held to be an "undertaking" for competition law because:

  1. AIt made a large profit every year
  2. BIt was engaged in an economic activity, regardless of its legal status and financing
  3. CIt was owned by foreign investors
  4. DIt was registered as a private company and financed by the fees it charged employers

2Solutions

1.Contract law

Answer: A · Avoided (set aside) by the pressured party

Why this is the answer

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

A · Avoided (set aside) by the pressured party
2.Contract law

Answer: D · There was no contract, because stating a lowest price was not an offer

Why this is the answer

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

D · There was no contract, because stating a lowest price was not an offer
3.Tort law

Answer: A · 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

A · Without proof of fault
4.Tort law

Answer: A · Making each responsible person liable for the whole damage, under the Compensation Act 2006

Why this is the answer

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 · Making each responsible person liable for the whole damage, under the Compensation Act 2006
5.Constitutional law

Answer: A · Violated the right to respect for private life under Article 8

Why this is the answer

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

A · Violated the right to respect for private life under Article 8
6.Constitutional law

Answer: B · Rights can influence legal relations between private parties, often indirectly through courts

Why this is the answer

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

B · Rights can influence legal relations between private parties, often indirectly through courts
7.Criminal law

Answer: C · Not an accessory, because mere presence without intent to encourage is not enough

Why this is the answer

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

C · Not an accessory, because mere presence without intent to encourage is not enough
8.Criminal law

Answer: A · A duty arose because D had contributed to a life-threatening situation she knew of

Why this is the answer

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

A · A duty arose because D had contributed to a life-threatening situation she knew of
9.EU law

Answer: D · Four member states

Why this is the answer

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

D · Four member states
10.EU law

Answer: B · It was engaged in an economic activity, regardless of its legal status and financing

Why this is the answer

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.

Answer

B · It was engaged in an economic activity, regardless of its legal status and financing

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