Introduction to Law: cram pack

Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.

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1Practice problems

1.Contract lawMedium

A seller of land never used for sheep says it could carry 2,000 sheep. Both know he has no experience of sheep farming on it. The statement is most likely:

  1. AA statement of future intention
  2. BAn honest opinion, not a misrepresentation
  3. CA fraudulent misrepresentation
  4. DA condition of the contract
2.Contract lawHard

Mutual mistake as to the existence of the subject matter (for example the goods no longer exist when contracting) usually makes the contract:

  1. AVoid
  2. BValid, with compensation set by the court
  3. CVoidable at either party's option
  4. DFully valid, with the buyer bearing the risk
3.Tort lawMedium

An employer does not give goggles to a worker already blind in one eye, who loses his good eye at work. Under Paris v Stepney BC, the employer was:

  1. ANot negligent, because the risk of an accident was the same for all workers
  2. BNot negligent, because goggles were not normally provided
  3. CStrictly liable for all eye injuries
  4. DNegligent, because the possible harm to this worker was very serious
4.Tort lawHard

A surveyor values a modest house for a mortgage lender, knowing the buyer will rely on it. The report is negligent and contains a disclaimer. In Smith v Eric S Bush, the House of Lords held:

  1. AThe surveyor owed no duty, because the buyer was not the client who commissioned the report
  2. BThe surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
  3. CThe disclaimer excluded all liability to the buyer
  4. DThe lender alone could sue the surveyor
5.Constitutional lawMedium

Which ground of judicial review applies when a decision-maker ignores a relevant consideration?

  1. AProcedural impropriety only
  2. BNone, because courts never review considerations
  3. CLegitimate expectation only
  4. DIllegality
6.Constitutional lawHard

After a court makes a declaration of incompatibility, section 10 of the UK Human Rights Act 1998 allows a minister to:

  1. ARefer the case directly to Strasbourg
  2. BOverrule the court's declaration
  3. CAmend the incompatible legislation by a remedial order
  4. DSuspend the Convention right in question
7.Criminal lawMedium

Two adult friends agree to a fist fight in the street, and one breaks the other's nose. Following A-G's Reference (No 6 of 1980), consent is:

  1. AA defence only if the fight was planned in advance
  2. BA full defence, because both adults freely agreed to the fight and accepted the risk of injury
  3. CRelevant only to the sentence and never to guilt
  4. DNo defence, because a street fight causing actual bodily harm is not in the public interest
8.Criminal lawHard

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

  1. AIntention to cause harm
  2. BAny careless behaviour
  3. CAwareness of a risk that it was unreasonable to take in the circumstances
  4. DFailure to notice an obvious risk that a reasonable person would have seen
9.EU lawMedium

In Brasserie du Pêcheur and Factortame III (1996), the Court held that state liability:

  1. ARequires proof that the state acted intentionally
  2. BNever applies to acts of a national parliament
  3. CCan arise from acts of the national legislature, if the breach is sufficiently serious
  4. DOnly arises from failure to transpose a directive, not from other acts of the national legislature
10.EU lawHard

In Commission v Italy (Art Treasures, 1968), Italy taxed the export of artistic and historical works. The Court held that:

  1. AArt is not "goods", so the free movement rules did not apply
  2. BThe tax was justified under Article 36 to protect national treasures of artistic or historic value
  3. CExport taxes are outside the scope of the customs union
  4. DThe tax was a charge having equivalent effect and was prohibited regardless of its purpose

2Solutions

1.Contract law

Answer: B · An honest opinion, not a misrepresentation

Why this is the answer

Jurisdiction: law of England and Wales. An honestly held opinion is not a statement of fact. It can be different where the speaker has special knowledge, which implies facts to justify the opinion (Smith v Land and House Property).

Answer

B · An honest opinion, not a misrepresentation
2.Contract law

Answer: A · Void

Why this is the answer

Jurisdiction: law of England and Wales. Where both parties assume the goods exist but they have already perished, the contract is void for common mistake (res extincta).

Answer

A · Void
3.Tort law

Answer: D · Negligent, because the possible harm to this worker was very serious

Why this is the answer

Jurisdiction: law of England and Wales. The gravity of the possible harm affects the standard of care. Because the worker risked total blindness, more precautions were required for him.

Answer

D · Negligent, because the possible harm to this worker was very serious
4.Tort law

Answer: B · The surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test

Why this is the answer

Jurisdiction: law of England and Wales. The surveyor knew the buyer would rely on the valuation, which created a duty. Under UCTA, the disclaimer was not fair and reasonable for an ordinary house purchase.

Answer

B · The surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
5.Constitutional law

Answer: D · Illegality

Why this is the answer

Jurisdiction: law of England and Wales. Lord Diplock's grounds are illegality, irrationality and procedural impropriety. Taking irrelevant considerations into account, or ignoring relevant ones, is a form of illegality.

Answer

D · Illegality
6.Constitutional law

Answer: C · Amend the incompatible legislation by a remedial order

Why this is the answer

Jurisdiction: law of England and Wales. A minister may make a remedial order, approved by Parliament, if there are compelling reasons. The declaration itself does not affect the validity of the Act.

Answer

C · Amend the incompatible legislation by a remedial order
7.Criminal law

Answer: D · No defence, because a street fight causing actual bodily harm is not in the public interest

Why this is the answer

Jurisdiction: law of England and Wales. Consent is generally no defence where actual bodily harm is intended or caused, unless the activity falls in a recognised exception such as sport or surgery.

Answer

D · No defence, because a street fight causing actual bodily harm is not in the public interest
8.Criminal law

Answer: C · Awareness of a risk that it was unreasonable to take in the circumstances

Why this is the answer

Jurisdiction: law of England and Wales. R v G restored a subjective test: the defendant must be aware of the risk and it must be unreasonable to take it, given the circumstances known to them.

Answer

C · Awareness of a risk that it was unreasonable to take in the circumstances
9.EU law

Answer: C · Can arise from acts of the national legislature, if the breach is sufficiently serious

Why this is the answer

Jurisdiction: EU law. Any organ of the state, including the legislature, can cause liability; a breach is sufficiently serious where the state manifestly and gravely disregarded the limits on its discretion.

Answer

C · Can arise from acts of the national legislature, if the breach is sufficiently serious
10.EU law

Answer: D · The tax was a charge having equivalent effect and was prohibited regardless of its purpose

Why this is the answer

Jurisdiction: EU law. Charges at the border are prohibited whatever their aim; Article 36 permits restrictions to protect national treasures but cannot justify fiscal charges.

Answer

D · The tax was a charge having equivalent effect and was prohibited regardless of its purpose

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