Introduction to Law: cram pack

A holiday company provides a holiday far below the promised standard. Can the customer recover damages for disappointment?

1. AYes, because the contract's purpose was to provide enjoyment
2. BOnly if the customer suffered a physical injury
3. CNo, because mental distress is never recoverable in contract
4. DOnly if the company acted dishonestly

In Carlill v Carbolic Smoke Ball Co, the court held that the advertisement was:

1. AA contract only with the newspaper
2. BA unilateral offer that could be accepted by performing the conditions
3. CAn invitation to treat
4. DA mere advertising puff with no legal effect, since no one could take it seriously

In Barnett v Chelsea and Kensington Hospital, why did the claim fail?

1. AThe doctor met the standard of care
2. BThe patient would have died even with proper treatment
3. CThe hospital owed no duty of care to a patient it had not admitted
4. DThe claim was made too late

Police officers arresting a suspect in a busy street knock over an elderly pedestrian. In Robinson v Chief Constable of West Yorkshire, the Supreme Court held:

1. AA duty arose only because she was a victim of crime
2. BA duty was owed, since the police caused harm by a positive act
3. CNo duty was owed, as the Caparo test was not met for police operations
4. DNo duty was owed, because the police are immune

In Marbury v Madison (1803), the US Supreme Court established:

1. AThe right to bear arms
2. BThe President's veto power
3. CThe power of Congress to overrule decisions of the federal judiciary
4. DThe power of courts to review the constitutionality of legislation

In R v Home Secretary, ex p Simms, Lord Hoffmann explained the "principle of legality" as meaning that:

1. AMinisters may limit fundamental rights whenever it is in the public interest
2. BGeneral words in a statute are presumed not to override fundamental rights
3. CCourts may strike down Acts that breach fundamental rights
4. DParliament cannot legislate against fundamental rights

During a burglary, D has handed a knife to an accomplice. When someone arrives, D says "come on, let's go" and climbs out; the accomplice stabs the person. Following R v Becerra, D's withdrawal is:

1. AIrrelevant, because once an accessory has supplied a weapon, no later act of withdrawal can ever relieve them of liability
2. BEffective, because any words of withdrawal are always enough
3. CEffective, because D left before the crime was completed
4. DNot effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent

In R v G (2003), the House of Lords defined recklessness as:

1. AAwareness of a risk that it was unreasonable to take in the circumstances
2. BIntention to cause harm
3. CFailure to notice an obvious risk that a reasonable person would have seen
4. DAny careless behaviour

What is the correct order of the stages of infringement proceedings under Article 258 TFEU?

1. AReferral to the Court, reasoned opinion, letter of formal notice
2. BPreliminary reference, letter of formal notice, fine
3. CLetter of formal notice, reasoned opinion, referral to the Court of Justice
4. DReasoned opinion, letter of formal notice, then referral to the General Court

In Dorsch Consult (1997), the Court listed factors for deciding whether a body is a "court or tribunal" that may refer under Article 267, including whether it:

1. AIs called a court in national law and hears appeals from the lower courts
2. BIs a court of last instance
3. CHas judges who trained in EU law
4. DIs established by law, permanent, independent and applies rules of law