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:
- AA statement of future intention
- BAn honest opinion, not a misrepresentation
- CA fraudulent misrepresentation
- 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:
- AVoid
- BValid, with compensation set by the court
- CVoidable at either party's option
- 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:
- ANot negligent, because the risk of an accident was the same for all workers
- BNot negligent, because goggles were not normally provided
- CStrictly liable for all eye injuries
- 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:
- AThe surveyor owed no duty, because the buyer was not the client who commissioned the report
- BThe surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
- CThe disclaimer excluded all liability to the buyer
- DThe lender alone could sue the surveyor
5.Constitutional lawMedium
Which ground of judicial review applies when a decision-maker ignores a relevant consideration?
- AProcedural impropriety only
- BNone, because courts never review considerations
- CLegitimate expectation only
- 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:
- ARefer the case directly to Strasbourg
- BOverrule the court's declaration
- CAmend the incompatible legislation by a remedial order
- 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:
- AA defence only if the fight was planned in advance
- BA full defence, because both adults freely agreed to the fight and accepted the risk of injury
- CRelevant only to the sentence and never to guilt
- 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:
- AIntention to cause harm
- BAny careless behaviour
- CAwareness of a risk that it was unreasonable to take in the circumstances
- 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:
- ARequires proof that the state acted intentionally
- BNever applies to acts of a national parliament
- CCan arise from acts of the national legislature, if the breach is sufficiently serious
- 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:
- AArt is not "goods", so the free movement rules did not apply
- BThe tax was justified under Article 36 to protect national treasures of artistic or historic value
- CExport taxes are outside the scope of the customs union
- 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).
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).
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.
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.
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.
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.
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.
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.
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.
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.
D · The tax was a charge having equivalent effect and was prohibited regardless of its purpose