Introduction to Law: cram pack

A customer signs a contract containing an exclusion clause without reading it. Absent fraud or misrepresentation, the clause is generally:

1. AVoid for unilateral mistake
2. BIncorporated, because a signature binds the signer
3. CIncorporated only if it was explained orally
4. DNot incorporated, because it was not read

An innocent party who terminates a contract for repudiatory breach must generally:

1. AContinue performing until the contract ends naturally on its agreed date
2. BPay a penalty to the party in breach
3. CWait for a court order before stopping performance
4. DClearly communicate the decision to accept the repudiation

Under Froom v Butcher, if wearing a seatbelt would have prevented a car passenger's injuries entirely, damages are usually reduced by:

1. A75%
2. B50%
3. C10%
4. D25%

Under section 4 of the Defamation Act 2013, the public interest defence requires that:

1. AThe statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
2. BThe statement was on a matter of public interest and the defendant honestly believed that every factual claim it contained was true
3. CThe statement is shown to be substantially true
4. DThe statement was made in Parliament or in court

In Soering v UK, the European Court of Human Rights held that extraditing a man to the US to face a possible death sentence would breach Article 3 because:

1. AThe US is not a party to the Convention
2. BThe death penalty itself always amounts to torture under Article 3
3. COf the extreme conditions and long wait on death row
4. DHe would not receive a fair trial

In the Urgenda case (2019), the Dutch Supreme Court upheld an order requiring the State to:

1. AWithdraw from international climate agreements
2. BReduce greenhouse gas emissions by at least 25% compared with 1990 by the end of 2020
3. CClose all coal power stations immediately
4. DPay damages to every Dutch citizen

D swaps price labels on two items in a supermarket, intending to pay the lower price. Following R v Morris, the appropriation took place when D:

1. APaid at the checkout
2. BSwitched the labels, assuming one of the owner's rights
3. CPut the item in the trolley
4. DLeft the shop without paying

In R v Roberts (1971), a woman jumped from a moving car to escape a sexual assault and was injured. The court held the defendant liable unless her reaction was:

1. AMore dangerous than staying in the car
2. BTaken without first asking the defendant to stop the car and let her out
3. CCaused by her own panic and fear
4. DSo "daft" or unexpected that no reasonable person could have foreseen it

In Van Binsbergen (1974), a Dutch rule requiring legal representatives to reside in the Netherlands was examined. The Court held that:

1. AOnly regulations can create rights for service providers
2. BThe freedom to provide services is directly effective and residence requirements need justification
3. CMember states may always require residence for professionals involved in the administration of justice
4. DLegal services are outside the scope of the Treaty

Altmark Trans (2003) set conditions under which compensation for public service obligations:

1. AIs not state aid because it confers no advantage
2. BIs always prohibited state aid
3. CCan only be paid to state-owned companies
4. DMust be approved by the European Parliament