1Practice problems
1.Contract lawMedium
A fishing company receives fewer licences than it needs and chooses to assign them to its other ships, not the chartered one. In Maritime National Fish v Ocean Trawlers the charter was:
- AVoid, because licences were a condition precedent
- BNot frustrated, because the problem was self-induced
- CSuspended until more licences were issued
- DFrustrated by the government licensing decision
2.Contract lawHard
An innocent party who terminates a contract for repudiatory breach must generally:
- AClearly communicate the decision to accept the repudiation
- BContinue performing until the contract ends naturally on its agreed date
- CPay a penalty to the party in breach
- DWait for a court order before stopping performance
3.Tort lawMedium
Two chimney sweeps die from fumes while sealing a chimney, despite warnings about the danger. In Roles v Nathan, the occupier was:
- ANot liable, because specialists can be expected to guard against risks of their trade
- BNot liable, because the sweeps were trespassers
- CLiable, because the warnings were given orally
- DLiable, because occupiers must make premises completely safe for every visitor, including specialists
4.Tort lawHard
After a workplace injury weakens his leg, a man walks down steep stairs with no handrail while carrying a child, his leg gives way, and he jumps and breaks his ankle. In McKew v Holland and Hannen and Cubitts:
- AThe employer was liable for the ankle injury as a foreseeable result
- BThe employer was liable for half of the ankle injury
- CThe stairs' owner was solely liable
- DHis unreasonable conduct broke the chain of causation
5.Constitutional lawMedium
In Hirst v UK (No 2), the European Court of Human Rights held that the UK's blanket ban on voting by convicted prisoners:
- AViolated the right to freedom of expression in Article 10 of the Convention
- BViolated the right to free elections in Protocol 1, Article 3
- CWas within the UK's margin of appreciation
- DWas justified because prisoners have no rights
6.Constitutional lawHard
In R v Home Secretary, ex p Simms, Lord Hoffmann explained the "principle of legality" as meaning that:
- AGeneral words in a statute are presumed not to override fundamental rights
- BCourts may strike down Acts that breach fundamental rights
- CMinisters may limit fundamental rights whenever it is in the public interest
- DParliament cannot legislate against fundamental rights
7.Criminal lawMedium
D grabs V's handbag so forcefully that V's hand is pulled down. Following R v Clouden, this can be:
- ABurglary, because the bag was V's property
- BOnly theft, because there was no direct contact with V's body
- CRobbery, because force was used on the person to steal
- DOnly battery, because the bag was not taken
8.Criminal lawHard
In R v Collins (1973), a naked man was invited into a bedroom by a woman who mistook him for her boyfriend. His burglary conviction was quashed because:
- AIt was unclear whether he had entered as a trespasser before her invitation
- BA bedroom is not part of a building
- CBurglary requires breaking into the building, and the window was already open
- DHe had no intent to commit any offence
9.EU lawMedium
According to the Dassonville formula, a measure having equivalent effect to a quantitative restriction is:
- AAny trading rule capable of hindering, directly or indirectly, actually or potentially, intra-EU trade
- BAny tax on goods coming from another member state
- COnly a rule that openly discriminates against imported goods in favour of domestic products of the same kind
- DOnly a rule that fixes a numerical limit on imports
10.EU lawHard
Altmark Trans (2003) set conditions under which compensation for public service obligations:
- ACan only be paid to state-owned companies
- BIs always prohibited state aid
- CMust be approved by the European Parliament
- DIs not state aid because it confers no advantage
2Solutions
1.Contract law
Answer: B · Not frustrated, because the problem was self-induced
Why this is the answer
Jurisdiction: law of England and Wales. A party cannot rely on frustration caused by its own choice or fault. Since the company decided where the licences went, the charter was not frustrated.
B · Not frustrated, because the problem was self-induced
2.Contract law
Answer: A · Clearly communicate the decision to accept the repudiation
Why this is the answer
Jurisdiction: law of England and Wales. The innocent party may either affirm the contract or accept the repudiation and terminate; termination must be communicated clearly and unequivocally.
A · Clearly communicate the decision to accept the repudiation
3.Tort law
Answer: A · Not liable, because specialists can be expected to guard against risks of their trade
Why this is the answer
Jurisdiction: law of England and Wales. An occupier may expect a person exercising their calling to appreciate and guard against special risks of it. The warnings also helped discharge the duty.
A · Not liable, because specialists can be expected to guard against risks of their trade
4.Tort law
Answer: D · His unreasonable conduct broke the chain of causation
Why this is the answer
Jurisdiction: law of England and Wales. The claimant's own unreasonable conduct can be a new intervening act. Knowing his leg was weak, he acted unreasonably, so the employer was not liable for the second injury.
D · His unreasonable conduct broke the chain of causation
5.Constitutional law
Answer: B · Violated the right to free elections in Protocol 1, Article 3
Why this is the answer
Jurisdiction: European Convention on Human Rights. The Court accepted some restrictions on prisoner voting could be legitimate, but an automatic ban for all convicted prisoners was disproportionate.
B · Violated the right to free elections in Protocol 1, Article 3
6.Constitutional law
Answer: A · General words in a statute are presumed not to override fundamental rights
Why this is the answer
Jurisdiction: law of England and Wales. Parliament can legislate contrary to fundamental rights, but must do so with express words or necessary implication, so the political cost is clear.
A · General words in a statute are presumed not to override fundamental rights
7.Criminal law
Answer: C · Robbery, because force was used on the person to steal
Why this is the answer
Jurisdiction: law of England and Wales. Clouden held that wrenching a bag from someone's grasp can be force on the person; whether the force is enough is a question for the jury.
C · Robbery, because force was used on the person to steal
8.Criminal law
Answer: A · It was unclear whether he had entered as a trespasser before her invitation
Why this is the answer
Jurisdiction: law of England and Wales. The prosecution had to prove he knew or was reckless that he was a trespasser at the moment of entry; if he was invited in before entering, he was not a trespasser.
A · It was unclear whether he had entered as a trespasser before her invitation
9.EU law
Answer: A · Any trading rule capable of hindering, directly or indirectly, actually or potentially, intra-EU trade
Why this is the answer
Jurisdiction: EU law. Dassonville (1974) defined MEQRs very broadly, so even indistinctly applicable rules can fall within Article 34, later narrowed for selling arrangements by Keck.
A · Any trading rule capable of hindering, directly or indirectly, actually or potentially, intra-EU trade
10.EU law
Answer: D · 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.
D · Is not state aid because it confers no advantage