Introduction to Law: cram pack

What is an exclusion clause?

1. AA term that limits or excludes one party's liability
2. BA clause allowing termination at any time
3. CA term that excludes a party from paying VAT
4. DA term that excludes third parties from the contract

A chartered ship is returned late, and the owner loses a very profitable follow-on charter. In The Achilleas, the House of Lords held the charterer was liable:

1. AFor no loss, because late return is not a breach
2. BFor punitive damages, because the delay was deliberate
3. COnly for the market rate difference during the overrun period
4. DFor the whole profit lost on the follow-on charter, as it was foreseeable

Police officers who helped at the Hillsborough disaster suffered psychiatric injury. In White v Chief Constable of South Yorkshire, their claims:

1. ASucceeded, because rescuers are always treated as primary victims in English law
2. BFailed, because they were not in physical danger and were not primary victims
3. CFailed, because the police can never sue their employer
4. DSucceeded, because they were employees of the defendant

A bank requires job applicants to have medical examinations by a self-employed doctor, who abuses some of them. In Barclays Bank v Various Claimants (2020), the Supreme Court held the bank:

1. AVicariously liable, because it chose the doctor
2. BNot vicariously liable, as the doctor was an independent contractor running his own business
3. CStrictly liable for any harm to applicants
4. DVicariously liable, as the relationship was akin to employment and the bank benefited from his work

In Hirst v UK (No 2), the European Court of Human Rights held that the UK's blanket ban on voting by convicted prisoners:

1. AWas justified because prisoners have no rights
2. BViolated the right to freedom of expression in Article 10 of the Convention
3. CWas within the UK's margin of appreciation
4. DViolated the right to free elections in Protocol 1, Article 3

Since the 2008 constitutional reform in France, the "question prioritaire de constitutionnalité" allows:

1. AThe President to suspend a statute for one year
2. BJudges in any court to strike down statutes themselves
3. CA party in court to ask for a statute in force to be reviewed for breach of constitutional rights
4. DAny citizen to challenge a bill before Parliament votes on it, by petition to the Conseil constitutionnel

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:

1. ALiable for battery, because consent is never a defence to serious bodily harm
2. BLiable, because rugby is not a recognised sport
3. CNot liable, because players consent to injuries within the rules of the game
4. DLiable for GBH, because a serious injury was caused

Why is the principle of "lex certa" important in criminal law?

1. ACriminal laws must be clear enough for people to foresee what is punishable
2. BJudges must be certain before sentencing
3. COnly certain crimes can be prosecuted
4. DLaws must be certain to be enforced, so the police have no discretion in applying them

The European Parliament can force the whole Commission to resign through:

1. AA judgment of the Court of Justice
2. BA unanimous decision of the European Council
3. CA simple majority vote of the Council
4. DA motion of censure passed by a two-thirds majority of votes cast, representing a majority of MEPs

In the Factortame litigation, the CJEU held that national courts must:

1. AWait for Parliament to amend the statute first
2. BApply national statutes until the national parliament itself repeals any rule that conflicts with EU law
3. CBe able to grant interim relief setting aside a national rule that may breach EU law
4. DRefer the case to the European Court of Human Rights