Introduction to Law: cram pack

Under UCTA 1977, a business-to-business clause excluding liability for property damage caused by negligence is valid:

1. ANever, in any circumstances
2. BAlways, because businesses can bargain freely
3. COnly if it satisfies the requirement of reasonableness
4. DOnly if signed by a company director

Liquidated damages clauses are enforceable in English law when:

1. AThey are set as high as possible, so that they deter either party from breaching
2. BThey protect a legitimate interest and are not out of all proportion to it
3. COnly the party in breach benefits from them
4. DThey are agreed orally only

Pure economic loss caused by negligent acts is:

1. AAlways recoverable
2. BRecoverable only for companies
3. CGenerally not recoverable, with exceptions such as negligent misstatement
4. DRecoverable only where the defendant's conduct was also a criminal offence of some kind

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. BAbolishing claims for asbestos disease
3. CCreating a state compensation fund to replace tort claims against employers and their insurers entirely
4. DRequiring proof of "but for" causation in all cases

In CCSU v Minister for the Civil Service (the GCHQ case), Lord Diplock classified the grounds of judicial review as:

1. AIllegality, irrationality and procedural impropriety
2. BLegality, legitimacy and proportionality
3. CFraud, mistake and duress
4. DJurisdiction, motive and fairness

The legitimate expectation doctrine protects individuals when:

1. AA contract with the government exists and the public body later fails to perform its contractual obligations
2. BAny person hopes for a favourable decision
3. CA public body made a clear promise or established practice that it then seeks to depart from unfairly
4. DA minister speaks in Parliament

D gets drunk voluntarily, mistakenly believes he is being attacked and stabs V. Under English law, D:

1. AHas a complete defence of intoxication
2. BIs automatically guilty of murder
3. CCan always rely on any honest belief, however it arose, in self-defence
4. DCannot rely on a drunken mistaken belief in self-defence

In R v Stone and Dobinson (1977), a duty to act arose because the defendants had:

1. AA contract to look after the victim for money
2. BA public office that required them to protect the victim
3. CVoluntarily assumed the care of a relative who could not care for herself
4. DCreated the dangerous situation themselves by assaulting the victim earlier

Van Gend en Loos (1963) established that:

1. ADirectives have horizontal direct effect
2. BTreaty provisions bind only the member states and never create rights for individuals before national courts
3. CMember states can leave the EU at will
4. DTreaty provisions can have direct effect and create rights for individuals in national courts

In Mangold (2005) and Kücükdeveci (2010), the Court allowed an individual to rely on EU law against a private employer because:

1. AThe prohibition of age discrimination is a general principle of EU law, given expression in a directive
2. BThe directive on equal treatment in employment had horizontal direct effect in itself after the transposition deadline
3. CThe employer was an emanation of the state
4. DThe national law had been annulled by the Commission