1Practice problems
1.Contract lawMedium
A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:
- AOnly payment for the materials used
- BNothing, because performance was not exact
- CThe price less the cost of putting the defects right
- DThe full price with no deduction
2.Contract lawHard
Liquidated damages clauses are enforceable in English law when:
- AThey are agreed orally only
- BThey protect a legitimate interest and are not out of all proportion to it
- CThey are set as high as possible, so that they deter either party from breaching
- DOnly the party in breach benefits from them
3.Tort lawMedium
Rylands v Fletcher liability concerns:
- ALiability for any harm caused by careless use of land, even without escape
- BDefamation in newspapers
- CMedical negligence
- DEscape of a dangerous thing brought onto land in a non-natural use
4.Tort lawHard
A petrol station kiosk attendant racially abuses a customer, follows him outside and assaults him. In Mohamud v WM Morrison Supermarkets, the employer was:
- ANot liable, because violence was not part of his job
- BNot liable, because the assault took place outside the kiosk and after the conversation ended
- CVicariously liable, as the assault was closely connected to his job of serving customers
- DLiable only if it had trained him poorly
5.Constitutional lawMedium
Parliamentary sovereignty (as described by Dicey) means that:
- AThe executive can override Parliament
- BCourts can strike down any Act of Parliament that conflicts with common law rights
- CParliament can make or unmake any law, and no body can override its Acts
- DParliament must obey previous Parliaments
6.Constitutional lawHard
A health authority moves a severely disabled woman into a care home after promising it would be her "home for life", then decides to close it. In R v North and East Devon HA, ex p Coughlan:
- AFrustrating her substantive legitimate expectation was an abuse of power
- BThe promise was void because the authority had no statutory power to make it
- CThe promise could be broken whenever policy changed
- DOnly a fair consultation was required
7.Criminal lawMedium
D drinks heavily to gain courage before killing V, as planned. Following A-G for Northern Ireland v Gallagher, D:
- AHas a defence of involuntary intoxication
- BCan rely on intoxication because murder is a specific intent offence
- CCannot rely on intoxication, because the intent to kill was formed before drinking
- DCan only be guilty of manslaughter
8.Criminal lawHard
In R v Whybrow (1951), the court held that the mens rea of attempted murder is:
- AAn intention to cause GBH
- BThe same as the mens rea of murder
- CRecklessness as to causing death
- DAn intention to kill only
9.EU lawMedium
In Foster v British Gas (1990), the Court held that a directive can be relied on against a body that is:
- AAny private body that receives a public contract from the state, whatever its powers or functions
- BOwned by private shareholders but regulated by law
- CAny large company with more than 500 employees
- DMade responsible by the state for a public service under its control, with special powers
10.EU lawHard
Altmark Trans (2003) set conditions under which compensation for public service obligations:
- AIs always prohibited state aid
- BIs not state aid because it confers no advantage
- CMust be approved by the European Parliament
- DCan only be paid to state-owned companies
2Solutions
1.Contract law
Answer: C · The price less the cost of putting the defects right
Why this is the answer
Jurisdiction: law of England and Wales. Where an entire contract is substantially performed, the contractor can claim the price minus the cost of remedying defects. Contrast Bolton v Mahadeva, where defects were too serious.
C · The price less the cost of putting the defects right
2.Contract law
Answer: B · They protect a legitimate interest and are not out of all proportion to it
Why this is the answer
Jurisdiction: law of England and Wales. A clause is a penalty, and unenforceable, if it imposes a detriment out of all proportion to any legitimate interest of the innocent party in performance.
B · They protect a legitimate interest and are not out of all proportion to it
3.Tort law
Answer: D · Escape of a dangerous thing brought onto land in a non-natural use
Why this is the answer
Jurisdiction: law of England and Wales. A person who brings something likely to cause mischief onto their land for a non-natural use is liable for damage caused by its escape.
D · Escape of a dangerous thing brought onto land in a non-natural use
4.Tort law
Answer: C · Vicariously liable, as the assault was closely connected to his job of serving customers
Why this is the answer
Jurisdiction: law of England and Wales. The Supreme Court held that the attendant's job was to deal with customers, and his conduct was an unbroken sequence connected to that role, so it was fair to hold the employer liable.
C · Vicariously liable, as the assault was closely connected to his job of serving customers
5.Constitutional law
Answer: C · Parliament can make or unmake any law, and no body can override its Acts
Why this is the answer
Jurisdiction: law of England and Wales. In Dicey's classic account, Parliament has unlimited legislative power and its Acts cannot be set aside by courts, although EU membership and the Human Rights Act raised complications.
C · Parliament can make or unmake any law, and no body can override its Acts
6.Constitutional law
Answer: A · Frustrating her substantive legitimate expectation was an abuse of power
Why this is the answer
Jurisdiction: law of England and Wales. The Court of Appeal held that a specific promise to a small group can create a substantive legitimate expectation. Breaking it without an overriding public interest was so unfair it was an abuse of power.
A · Frustrating her substantive legitimate expectation was an abuse of power
7.Criminal law
Answer: C · Cannot rely on intoxication, because the intent to kill was formed before drinking
Why this is the answer
Jurisdiction: law of England and Wales. Where a defendant forms the intent and then gets drunk to carry it out, the intoxication does not negate mens rea and is no defence.
C · Cannot rely on intoxication, because the intent to kill was formed before drinking
8.Criminal law
Answer: D · An intention to kill only
Why this is the answer
Jurisdiction: law of England and Wales. Although intent to cause GBH suffices for murder, attempted murder requires an intention to kill.
D · An intention to kill only
9.EU law
Answer: D · Made responsible by the state for a public service under its control, with special powers
Why this is the answer
Jurisdiction: EU law. A body providing a public service under state control and with special powers beyond normal rules between individuals counts as the state for vertical direct effect.
D · Made responsible by the state for a public service under its control, with special powers
10.EU law
Answer: B · Is not state aid because it confers no advantage
Why this is the answer
Jurisdiction: EU law. If the obligations are clearly defined, parameters are set in advance, compensation does not exceed costs plus reasonable profit, and costs reflect an efficient undertaking or tender, there is no advantage and no aid.
B · Is not state aid because it confers no advantage