Introduction to Law: cram pack

Damages for breach of contract are generally meant to:

1. APut the innocent party in the position as if the contract had been performed
2. BReturn both parties only to the position they were in before the contract was made
3. CGive the innocent party a profit beyond their loss
4. DPunish the party in breach

A buyer specifically asks a surveyor to check aircraft noise at a property. The surveyor negligently reports no problem. In Farley v Skinner:

1. ANo damages were recoverable, because damages for distress or discomfort are always excluded in contract
2. BThe buyer had to sell the house before claiming
3. COnly the difference in market value was recoverable
4. DDamages for discomfort were recoverable, as peace of mind was an important object of the obligation

A learner driver on her third lesson crashes and injures her instructor. Under Nettleship v Weston, her driving is judged by the standard of:

1. AA professional racing driver
2. BHer own best efforts as a beginner
3. CA reasonably competent and experienced driver
4. DA reasonable learner at the same stage

After Barker v Corus held that liability under the Fairchild exception was proportionate to each defendant's share of the risk, Parliament responded for mesothelioma cases by:

1. AMaking each responsible person liable for the whole damage, under the Compensation Act 2006
2. BCreating a state compensation fund to replace tort claims against employers and their insurers entirely
3. CRequiring proof of "but for" causation in all cases
4. DAbolishing claims for asbestos disease

In R v Bow Street Magistrate, ex p Pinochet (No 2), the House of Lords set aside its own earlier decision because:

1. APinochet had not been given a lawyer of his own choice at the hearing
2. BThe judges had made a legal mistake
3. CThe case had been heard in private
4. DOne judge had links to a charity that was a party to the case

Walter Bagehot described the "efficient secret" of the English constitution as:

1. AThe strict separation of all three powers
2. BThe independence of the House of Lords
3. CThe close union of the executive and legislative powers
4. DThe monarch's power to veto legislation

D drinks heavily to gain courage before killing V, as planned. Following A-G for Northern Ireland v Gallagher, D:

1. ACan only be guilty of manslaughter
2. BCannot rely on intoxication, because the intent to kill was formed before drinking
3. CHas a defence of involuntary intoxication
4. DCan rely on intoxication because murder is a specific intent offence

In R v Larsonneur (1933), a French woman was convicted of being an illegal alien in the UK after being brought there by police against her will. The case illustrates:

1. AThe defence of duress of circumstances excusing an involuntary immigration offence
2. BTransferred malice from the police to the defendant
3. CA state of affairs offence where liability arose without a voluntary act
4. DThe requirement of a duty for omissions

The preliminary reference procedure under Article 267 TFEU allows:

1. AThe Parliament to dismiss judges
2. BNational courts to ask the CJEU questions on the interpretation or validity of EU law
3. CIndividuals to bring actions against member states directly before the Court of Justice in Luxembourg
4. DThe Commission to fine member states

In Plaumann (1963), a clementine importer challenged a Commission decision addressed to Germany. The Court held that a non-addressee is individually concerned only if:

1. AThe act affects them because of attributes or circumstances that distinguish them from all other persons
2. BThey belong to the economic sector affected and carry on the commercial activity that the act regulates, like any other importer
3. CThey have written to the Commission before the act
4. DThey suffer a financial loss from the act