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:
- AThe ship owner had to pay compensation
- BNothing was recoverable for the part performed
- CA proportion of the wages was payable
- DThe full wages were payable
2.Contract lawHard
A seller mistakenly offers hare skins at a price per pound instead of per piece. The buyer knew that prices were always quoted per piece. In Hartog v Colin and Shields:
- AThe contract was voidable at the buyer's option
- BThere was no contract, as the buyer knew of the mistake
- CThe court rewrote the price to per piece
- DThere was a binding contract at the stated price
3.Tort lawMedium
A milkman, forbidden by his employer to give lifts, lets a boy ride on his float to help deliver milk. The boy is injured by the milkman's negligence. In Rose v Plenty, the employer was:
- ALiable only if the milkman had no insurance
- BVicariously liable, because the boy was helping with the employer's work
- CNot liable, because giving lifts had been expressly forbidden by the employer
- DNot liable, because the boy was a trespasser
4.Tort lawHard
In Hedley Byrne v Heller, liability for negligent misstatement arose because:
- AThe defendant intended to deceive
- BThere was a contract between the parties under which the bank was paid a fee for the reference it gave
- CThe statement caused physical injury
- DThere was a special relationship in which the claimant reasonably relied on advice given with skill
5.Constitutional lawMedium
In Hirst v UK (No 2), the European Court of Human Rights held that the UK's blanket ban on voting by convicted prisoners:
- AViolated the right to freedom of expression in Article 10 of the Convention
- BWas justified because prisoners have no rights
- CViolated the right to free elections in Protocol 1, Article 3
- DWas within the UK's margin of appreciation
6.Constitutional lawHard
People buy TV licences early to avoid a fee increase, and the Home Office threatens to revoke them unless they pay the extra. In Congreve v Home Office, the court held:
- AUsing the revocation power this way was unlawful
- BLicence holders had no legal rights
- CThe revocation was lawful under the statute
- DThe minister could act for any purpose
7.Criminal lawMedium
D takes his own car from a garage without paying for repairs. Following R v Turner (No 2), D can be guilty of theft because:
- AOwners who take back their own property are always acting dishonestly
- BProperty belongs to anyone who has possession or control of it
- CThe car was worth more after the repairs
- DD intended to return the car later
8.Criminal lawHard
In R v Dica (2004), D had sex with partners without telling them he was HIV-positive. The Court of Appeal held that:
- AD was guilty of murder, because HIV can kill
- BConsent is never relevant to the transmission of disease, since s20 protects public health
- CNon-disclosure always makes sex rape under English law
- DInformed consent to the risk of infection could be a defence to inflicting GBH under s20
9.EU lawMedium
Directives generally do NOT have:
- AVertical direct effect against the state
- BHorizontal direct effect between private parties
- CAny legal effect at all
- DBinding force after the transposition deadline
10.EU lawHard
The "Melloni" judgment held that a member state may NOT:
- ARefer questions to the Court of Justice
- BApply a higher national standard of fundamental rights where it would undermine the primacy, unity and effectiveness of EU law in a fully harmonised area
- CExecute any European Arrest Warrant
- DEver protect fundamental rights more than the EU
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.
B · Nothing was recoverable for the part performed
2.Contract law
Answer: B · There was no contract, as the buyer knew of the mistake
Why this is the answer
Jurisdiction: law of England and Wales. Where one party knows that the other is mistaken about the terms of the offer, they cannot "snap up" the offer, and no contract is formed.
B · There was no contract, as the buyer knew of the mistake
3.Tort law
Answer: B · Vicariously liable, because the boy was helping with the employer's work
Why this is the answer
Jurisdiction: law of England and Wales. The milkman was doing his job in an unauthorised way, and the boy was there to further the employer's business, so the employer was liable.
B · Vicariously liable, because the boy was helping with the employer's work
4.Tort law
Answer: D · There was a special relationship in which the claimant reasonably relied on advice given with skill
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords recognised a duty for statements where there is an assumption of responsibility and reasonable reliance, although the bank's disclaimer protected it there.
D · There was a special relationship in which the claimant reasonably relied on advice given with skill
5.Constitutional law
Answer: C · Violated the right to free elections in Protocol 1, Article 3
Why this is the answer
Jurisdiction: European Convention on Human Rights. The Court accepted some restrictions on prisoner voting could be legitimate, but an automatic ban for all convicted prisoners was disproportionate.
C · Violated the right to free elections in Protocol 1, Article 3
6.Constitutional law
Answer: A · Using the revocation power this way was unlawful
Why this is the answer
Jurisdiction: law of England and Wales. The power to revoke licences could not be used to obtain money that Parliament had not authorised the Crown to levy. It was used for an improper purpose.
A · Using the revocation power this way was unlawful
7.Criminal law
Answer: B · Property belongs to anyone who has possession or control of it
Why this is the answer
Jurisdiction: law of England and Wales. Under s5(1) property belongs to anyone with possession or control or a proprietary interest, so an owner can steal from a person in possession.
B · Property belongs to anyone who has possession or control of it
8.Criminal law
Answer: D · Informed consent to the risk of infection could be a defence to inflicting GBH under s20
Why this is the answer
Jurisdiction: law of England and Wales. Because the partners did not know of his status, they could not consent to the risk, so D could be guilty of recklessly inflicting GBH; informed consent to the risk could be a defence.
D · Informed consent to the risk of infection could be a defence to inflicting GBH under s20
9.EU law
Answer: B · Horizontal direct effect between private parties
Why this is the answer
Jurisdiction: EU law. Unimplemented directives can be relied on against the state (vertical) but not against private individuals (horizontal), though indirect effect and state liability can help.
B · Horizontal direct effect between private parties
10.EU law
Answer: B · Apply a higher national standard of fundamental rights where it would undermine the primacy, unity and effectiveness of EU law in a fully harmonised area
Why this is the answer
Jurisdiction: EU law. Where EU law fully harmonises an area, national constitutional standards cannot be applied if they compromise the uniform application of EU law (Article 53 Charter).
B · Apply a higher national standard of fundamental rights where it would undermine the primacy, unity and effectiveness of EU law in a fully harmonised area