1Practice problems
1.Contract lawMedium
An offer says acceptance must be made "by notice in writing to us". The offeree posts an acceptance, which is lost. Under Holwell Securities v Hughes:
- AA contract was formed when the letter was posted
- BThere is no contract, because actual notice was required
- CThe contract is void for common mistake
- DA contract was formed when the offeree decided to accept
2.Contract lawHard
A wife guarantees her husband's business debts to a bank. Under RBS v Etridge (No 2), the bank should normally:
- AObtain confirmation that a solicitor has advised her
- BHave the husband explain the risks to her
- CSeek a court's approval of the guarantee
- DRefuse the guarantee unless she has her own income
3.Tort lawMedium
A solicitor negligently delays preparing a new will, and the client dies before signing. The intended beneficiaries lose their gifts. In White v Jones, the solicitor:
- AWas liable only to the client's estate
- BWas liable to the disappointed beneficiaries
- CWas not liable, because the will was never signed
- DWas not liable, because there was no contract with them
4.Tort lawHard
A man's leg is injured by a negligent driver. Later, robbers shoot the same leg and it is amputated. In Baker v Willoughby, the driver:
- AWas liable for the amputation too
- BRemained liable for the original disability after the shooting
- CWas released completely from liability by the robbers' later shooting
- DWas liable only until the shooting
5.Constitutional lawMedium
To amend the Dutch Constitution under Article 137:
- AA proposal is passed, elections follow, and then both chambers must approve it by two-thirds
- BA national referendum must approve it
- CThe King and the Council of State decide it
- DA simple majority in both chambers is enough, after which the King must sign the amendment into law
6.Constitutional lawHard
In R (Miller) v Secretary of State for Exiting the EU (2017), the Supreme Court said about the Sewel convention that:
- AIt requires Scottish consent to the UK's withdrawal from the EU
- BIt is a political convention that courts cannot enforce
- CIt applies only to Northern Ireland
- DIt became legally binding when written into statute
7.Criminal lawMedium
Causation in criminal law requires that the defendant's act was:
- AA factual and legal cause of the result
- BIntended to cause the result in every case
- CThe only cause of the result
- DMorally wrong
8.Criminal lawHard
In Re A (Conjoined Twins) (2001), the Court of Appeal allowed surgery that would kill the weaker twin to save the stronger. This is often cited as authority that:
- ADoctors can never be liable for murder
- BNecessity can, in very exceptional circumstances, justify an act that causes death
- CNecessity is a general defence to murder whenever more lives would be saved than lost
- DParental consent is a defence to homicide
9.EU lawMedium
Internationale Handelsgesellschaft (1970) held that the validity of a Community measure:
- ADepends on its compatibility with the fundamental rights in each national constitution
- BCan be reviewed by any national court that doubts it
- CCannot be affected by claims that it breaches national constitutional rights
- DRequires approval by a national referendum
10.EU lawHard
In Åkerberg Fransson (2013), a Swedish fisherman faced tax penalties and criminal proceedings for VAT fraud. The Court held that the Charter applied because:
- AThe fisherman was an EU institution employee
- BThe national measures fell within the scope of EU law on VAT and the EU's financial interests
- CThe Charter applies to every action of a member state, whether or not it involves EU law in any way
- DSweden had incorporated the Charter into its constitution
2Solutions
1.Contract law
Answer: B · There is no contract, because actual notice was required
Why this is the answer
Jurisdiction: law of England and Wales. The postal rule can be excluded by the offer's terms. Requiring "notice to" the offeror means the acceptance must actually reach them.
B · There is no contract, because actual notice was required
2.Contract law
Answer: A · Obtain confirmation that a solicitor has advised her
Why this is the answer
Jurisdiction: law of England and Wales. Where a person stands surety for the debts of a partner in a non-commercial relationship, the bank is put on inquiry. It can protect itself by getting a solicitor's confirmation that the risks were explained.
A · Obtain confirmation that a solicitor has advised her
3.Tort law
Answer: B · Was liable to the disappointed beneficiaries
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords extended the Hedley Byrne principle of assumption of responsibility to protect intended beneficiaries who had no other remedy.
B · Was liable to the disappointed beneficiaries
4.Tort law
Answer: B · Remained liable for the original disability after the shooting
Why this is the answer
Jurisdiction: law of England and Wales. The second tort did not wipe out the first defendant's liability for the continuing effects of the first injury. In Jobling, a later natural disease was treated as one of life's vicissitudes and reduced damages.
B · Remained liable for the original disability after the shooting
5.Constitutional law
Answer: A · A proposal is passed, elections follow, and then both chambers must approve it by two-thirds
Why this is the answer
Jurisdiction: Dutch law. After the first reading, a new House of Representatives must be elected before the second reading. In the second reading, a two-thirds majority is needed in both chambers.
A · A proposal is passed, elections follow, and then both chambers must approve it by two-thirds
6.Constitutional law
Answer: B · It is a political convention that courts cannot enforce
Why this is the answer
Jurisdiction: law of England and Wales. The Scotland Act 2016 recognised the convention, but the court held this did not turn it into a legal rule. Its operation is a matter for politics, not the courts.
B · It is a political convention that courts cannot enforce
7.Criminal law
Answer: A · A factual and legal cause of the result
Why this is the answer
Jurisdiction: law of England and Wales. The act must be a "but for" cause and a more than minimal, operating cause; intervening acts may break the chain.
A · A factual and legal cause of the result
8.Criminal law
Answer: B · Necessity can, in very exceptional circumstances, justify an act that causes death
Why this is the answer
Jurisdiction: law of England and Wales. Brooke LJ accepted necessity where the act was needed to avoid inevitable and irreparable evil, no more was done than necessary, and the evil inflicted was not disproportionate.
B · Necessity can, in very exceptional circumstances, justify an act that causes death
9.EU law
Answer: C · Cannot be affected by claims that it breaches national constitutional rights
Why this is the answer
Jurisdiction: EU law. The Court held that EU law prevails even over national constitutional rights, but that respect for fundamental rights forms part of the general principles of EU law that it protects.
C · Cannot be affected by claims that it breaches national constitutional rights
10.EU law
Answer: B · The national measures fell within the scope of EU law on VAT and the EU's financial interests
Why this is the answer
Jurisdiction: EU law. The Court read "implementing EU law" as acting within the scope of EU law, so ne bis in idem under Article 50 of the Charter could apply.
B · The national measures fell within the scope of EU law on VAT and the EU's financial interests