Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.
A supplier receives a draft agreement, never signs or returns it, but both sides trade on its terms for years. A court is likely to find:
Specific performance is usually ordered when:
Under Montgomery v Lanarkshire Health Board, a doctor must inform a patient about:
A "novus actus interveniens" can:
Under AG v De Keyser's Royal Hotel, when a statute covers the same ground as a prerogative power:
In R (Miller) v Secretary of State for Exiting the EU (2017), the UK Supreme Court held that:
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:
In R v Gullefer (1990), D ran onto a greyhound track to get the race declared void and recover his bet. The Court of Appeal held:
Which article of the TFEU prohibits anti-competitive agreements between undertakings?
Under Article 263 TFEU, a private applicant may challenge a regulatory act that does not need implementing measures if it is:
Answer: A · A contract accepted by conduct
Jurisdiction: law of England and Wales. Acceptance need not be in words; it can be inferred from conduct. In Brogden, ordering and supplying coal on the draft terms showed acceptance.
Answer: C · Damages would be an inadequate remedy, for example for unique goods or land
Jurisdiction: law of England and Wales. Common law courts order specific performance where damages are inadequate, such as sales of land or unique items, but not for personal service contracts. Civil law systems treat performance as a more primary remedy.
Answer: D · Material risks of treatment and reasonable alternatives
Jurisdiction: law of England and Wales. A risk is material if a reasonable person in the patient's position would attach significance to it, or the doctor knows this patient would. The Bolam test no longer governs advice about risks.
Answer: A · Break the chain of causation between the defendant's breach and the harm
Jurisdiction: general principle, found in most legal systems. A free, deliberate act of a third party, or an unreasonable act of the claimant, may break the chain of causation so the defendant is not liable for later harm.
Answer: C · The prerogative is put in abeyance and the government must act under the statute
Jurisdiction: law of England and Wales. Where Parliament has legislated in an area, the Crown cannot use a prerogative power to avoid the statute's conditions, such as a duty to pay compensation.
Answer: D · Parliamentary legislation was required to give notice of withdrawal from the EU
Jurisdiction: law of England and Wales. Because withdrawal would change domestic law and remove rights, the prerogative could not be used; an Act of Parliament was required to trigger Article 50.
Answer: D · Switched the labels, assuming one of the owner's rights
Jurisdiction: law of England and Wales. Morris held that assuming any one of the owner's rights, such as labelling goods, is an appropriation, even before leaving the shop.
Answer: A · His acts were merely preparatory, as he had not embarked on the "crime proper"
Jurisdiction: law of England and Wales. Gullefer held that an attempt begins when the defendant embarks on the crime proper; there is no need to have reached the last act, but D had not got that far.
Answer: D · Article 101
Jurisdiction: EU law. Article 101 TFEU prohibits agreements and concerted practices that restrict competition; Article 102 prohibits abuse of a dominant position; Article 107 covers state aid.
Answer: A · Of direct concern to them
Jurisdiction: EU law. For regulatory acts not entailing implementing measures, direct concern suffices; for other acts addressed to others, the applicant also needs individual concern (Plaumann).
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