1Practice problems
1.Contract lawMedium
A creditor agrees to take £600 in full settlement of a £1,000 debt that is due, then sues for the other £400. Under Pinnel's Case and Foakes v Beer, the creditor:
- AMust give back the £600 first
- BCannot recover anything more
- CCan recover only if the agreement was oral
- DCan usually recover the £400
2.Contract lawHard
A pays B money to bet on shares using insider information, which is illegal. The bet never happens and A wants the money back. In Patel v Mirza, the Supreme Court held:
- AThe money passed to the state as illegal proceeds
- BA could not recover, because no claim can be founded on an illegal agreement
- CA could recover the money, applying a policy-based approach to illegality
- DA could recover only half the money
3.Tort lawMedium
Workmen leave an open manhole with paraffin lamps. A boy knocks a lamp in, causing an unexpected explosion and burns. In Hughes v Lord Advocate, the defendants were:
- ALiable, because burns were a foreseeable type of harm
- BNot liable, because the boy was a trespasser
- CLiable only for half of the damage
- DNot liable, because the explosion was unforeseeable
4.Tort lawHard
An internal auditor with a grudge against his employer leaks staff payroll data online. In WM Morrison Supermarkets v Various Claimants (2020), the Supreme Court held the employer:
- AVicariously liable, as data breaches are strict liability
- BLiable only to staff whose data was used for fraud
- CNot vicariously liable, as he was pursuing a personal vendetta
- DVicariously liable, as he had access to the data through his job
5.Constitutional lawMedium
In CCSU v Minister for the Civil Service (the GCHQ case), Lord Diplock classified the grounds of judicial review as:
- AFraud, mistake and duress
- BLegality, legitimacy and proportionality
- CJurisdiction, motive and fairness
- DIllegality, irrationality and procedural impropriety
6.Constitutional lawHard
The Wednesbury unreasonableness test asks whether a decision is:
- AUnpopular with the public
- BSo unreasonable that no reasonable authority could have made it
- CDifferent from what the judge would have decided on the same evidence
- DSlightly less than ideal
7.Criminal lawMedium
D and V are playing a properly organised rugby match. D tackles V within the rules and V breaks a leg. D is most likely:
- ALiable for battery, because consent is never a defence to serious bodily harm
- BLiable for GBH, because a serious injury was caused
- CNot liable, because players consent to injuries within the rules of the game
- DLiable, because rugby is not a recognised sport
8.Criminal lawHard
In R v Brown (1993), the House of Lords held that consent was no defence to s47 and s20 charges arising from:
- ATattoos applied by a licensed tattoo artist
- BInjuries suffered in properly conducted boxing matches between consenting adults
- CConsensual sado-masochistic acts between adults in private
- DSurgery carried out without the patient's signature
9.EU lawMedium
Under the subsidiarity protocol, a "yellow card" is triggered when reasoned opinions represent at least:
- ATwo member state governments
- BOne third of the votes allocated to national parliaments
- CA simple majority of the votes of the Members of the European Parliament
- DAll national parliaments
10.EU lawHard
In Solange II (1986), the German Federal Constitutional Court held that it would not review Community law against German fundamental rights:
- AAs long as the Community ensured effective protection of fundamental rights substantially similar to the German standard
- BUntil Germany adopted the euro
- CUnless the European Parliament had approved the measure
- DUnder any circumstances, as Community law is always supreme
2Solutions
1.Contract law
Answer: D · Can usually recover the £400
Why this is the answer
Jurisdiction: law of England and Wales. Part payment of a debt is not consideration for releasing the rest. The creditor is not bound unless the debtor gave something extra, such as early payment, or promissory estoppel applies.
D · Can usually recover the £400
2.Contract law
Answer: C · A could recover the money, applying a policy-based approach to illegality
Why this is the answer
Jurisdiction: law of England and Wales. The court asks whether enforcing the claim would harm the integrity of the legal system, considering the purpose of the prohibition, other public policies and proportionality. Restitution here did not.
C · A could recover the money, applying a policy-based approach to illegality
3.Tort law
Answer: A · Liable, because burns were a foreseeable type of harm
Why this is the answer
Jurisdiction: law of England and Wales. It is enough that the type of damage was foreseeable, even if the precise manner and extent were not. Burns from the lamp were foreseeable.
A · Liable, because burns were a foreseeable type of harm
4.Tort law
Answer: C · Not vicariously liable, as he was pursuing a personal vendetta
Why this is the answer
Jurisdiction: law of England and Wales. Giving the employee the opportunity to commit the wrong was not enough. He was not engaged in furthering the employer's business but pursuing a personal aim, so the close connection test was not met.
C · Not vicariously liable, as he was pursuing a personal vendetta
5.Constitutional law
Answer: D · 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.
D · Illegality, irrationality and procedural impropriety
6.Constitutional law
Answer: B · So unreasonable that no reasonable authority could have made it
Why this is the answer
Jurisdiction: law of England and Wales. Associated Provincial Picture Houses v Wednesbury Corporation set a deliberately high bar: courts intervene only for decisions outside the range of reasonable responses.
B · So unreasonable that no reasonable authority could have made it
7.Criminal law
Answer: C · Not liable, because players consent to injuries within the rules of the game
Why this is the answer
Jurisdiction: law of England and Wales. Players impliedly consent to contact within the rules and to risks reasonably incidental to the game; deliberate off-the-ball violence is different (R v Barnes).
C · Not liable, because players consent to injuries within the rules of the game
8.Criminal law
Answer: C · Consensual sado-masochistic acts between adults in private
Why this is the answer
Jurisdiction: law of England and Wales. The majority held that consent cannot be a defence to ABH or more serious harm deliberately inflicted for sexual gratification; the case is often contrasted with R v Wilson (branding of a wife's buttocks).
C · Consensual sado-masochistic acts between adults in private
9.EU law
Answer: B · One third of the votes allocated to national parliaments
Why this is the answer
Jurisdiction: EU law. When one third of the votes (one quarter in the area of freedom, security and justice) object, the Commission must review the proposal, though it may maintain it.
B · One third of the votes allocated to national parliaments
10.EU law
Answer: A · As long as the Community ensured effective protection of fundamental rights substantially similar to the German standard
Why this is the answer
Jurisdiction: EU law. Solange II reversed the stance of Solange I (1974), as the Community had developed adequate rights protection, while reserving the court's ultimate review.
A · As long as the Community ensured effective protection of fundamental rights substantially similar to the German standard