1Practice problems
1.Contract lawMedium
Damages for breach of contract are generally meant to:
- APunish the party in breach
- BReturn both parties only to the position they were in before the contract was made
- CPut the innocent party in the position as if the contract had been performed
- DGive the innocent party a profit beyond their loss
2.Contract lawHard
A husband who has left his wife signs a note promising to transfer the house to her if she pays off the mortgage. She does. In Merritt v Merritt, the promise was:
- AEnforceable only because it was made by deed
- BUnenforceable, because she gave no consideration
- CEnforceable, because separated spouses are presumed to intend legal relations
- DUnenforceable, because it was a domestic arrangement between husband and wife
3.Tort lawMedium
Under Froom v Butcher, if wearing a seatbelt would have prevented a car passenger's injuries entirely, damages are usually reduced by:
- A10%
- B75%
- C50%
- D25%
4.Tort lawHard
Which statement about the "loss of a chance" doctrine in English medical negligence is correct?
- AThe doctrine applies only to economic loss in all cases
- BA lost chance of recovery below 50% is generally not compensated (Gregg v Scott)
- CLost chances are compensated proportionately, as in claims for lost commercial chances
- DAny lost chance is fully compensated
5.Constitutional lawMedium
In England and Wales, a claim for judicial review must generally be filed:
- APromptly, and in any event within three months
- BWithin six years
- CWithin one year
- DAt any time
6.Constitutional lawHard
In Germany, an individual who claims a public authority has violated their basic rights may, after exhausting other remedies, bring:
- AA case to the European Court of Justice
- BA constitutional complaint to the Federal Constitutional Court
- CA request to the Federal President to veto
- DA petition directly to the Bundestag's President
7.Criminal lawMedium
D points a gun at his friend as a joke, both believing it will not fire. It fires and kills the friend. Following R v Lamb, there was no unlawful act manslaughter because:
- AThe death was caused by the gun malfunctioning, not by any act of D's
- BThe gun belonged to the friend
- CJokes cannot be criminal under English law
- DThere was no assault, since the friend did not apprehend any force
8.Criminal lawHard
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:
- ATransferred malice from the police to the defendant
- BThe requirement of a duty for omissions
- CThe defence of duress of circumstances excusing an involuntary immigration offence
- DA state of affairs offence where liability arose without a voluntary act
9.EU lawMedium
The Cassis de Dijon judgment introduced:
- AMutual recognition and mandatory requirements as justifications for indistinctly applicable measures
- BEU citizenship
- CState liability
- DThe rule that indistinctly applicable measures can be justified only on the grounds listed exhaustively in Article 36 TFEU
10.EU lawHard
The Kadi judgment (2008) is significant because the CJEU held that:
- AEU measures implementing UN Security Council resolutions must respect EU fundamental rights
- BIndividuals can never challenge sanctions
- CUN Security Council resolutions always prevail over EU fundamental rights under the UN Charter
- DThe EU has no competence in foreign policy
2Solutions
1.Contract law
Answer: C · Put the innocent party in the position as if the contract had been performed
Why this is the answer
Jurisdiction: general principle, found in most legal systems. Contract damages usually protect the expectation interest. Punitive damages are generally not awarded for breach of contract.
C · Put the innocent party in the position as if the contract had been performed
2.Contract law
Answer: C · Enforceable, because separated spouses are presumed to intend legal relations
Why this is the answer
Jurisdiction: law of England and Wales. When spouses have separated, or are about to, the presumption against legal intention does not apply. Paying off the mortgage was also good consideration.
C · Enforceable, because separated spouses are presumed to intend legal relations
3.Tort law
Answer: D · 25%
Why this is the answer
Jurisdiction: law of England and Wales. The guideline is 25% where a seatbelt would have prevented the injury and 15% where it would have reduced its severity, under the Law Reform (Contributory Negligence) Act 1945.
4.Tort law
Answer: B · A lost chance of recovery below 50% is generally not compensated (Gregg v Scott)
Why this is the answer
Jurisdiction: law of England and Wales. In Gregg v Scott the House of Lords refused to award damages for a reduced chance of survival that was already below 50%, keeping the balance of probabilities test.
B · A lost chance of recovery below 50% is generally not compensated (Gregg v Scott)
5.Constitutional law
Answer: A · Promptly, and in any event within three months
Why this is the answer
Jurisdiction: law of England and Wales. The short time limit protects good administration and certainty. Some areas, such as planning, have even shorter limits.
A · Promptly, and in any event within three months
6.Constitutional law
Answer: B · A constitutional complaint to the Federal Constitutional Court
Why this is the answer
Jurisdiction: German law. The constitutional complaint lets individuals challenge acts of public authority, including statutes, before the Federal Constitutional Court for breach of their basic rights.
B · A constitutional complaint to the Federal Constitutional Court
7.Criminal law
Answer: D · There was no assault, since the friend did not apprehend any force
Why this is the answer
Jurisdiction: law of England and Wales. The friend did not fear violence and D lacked the mens rea of assault, so there was no unlawful act; gross negligence manslaughter could be considered instead.
D · There was no assault, since the friend did not apprehend any force
8.Criminal law
Answer: D · A state of affairs offence where liability arose without a voluntary act
Why this is the answer
Jurisdiction: law of England and Wales. Larsonneur and Winzar are criticised examples where courts imposed liability for simply being found in a situation, even though the defendant did not act voluntarily.
D · A state of affairs offence where liability arose without a voluntary act
9.EU law
Answer: A · Mutual recognition and mandatory requirements as justifications for indistinctly applicable measures
Why this is the answer
Jurisdiction: EU law. Goods lawfully marketed in one state should in principle be admitted in others (mutual recognition), but states may justify rules on grounds such as consumer protection if proportionate.
A · Mutual recognition and mandatory requirements as justifications for indistinctly applicable measures
10.EU law
Answer: A · EU measures implementing UN Security Council resolutions must respect EU fundamental rights
Why this is the answer
Jurisdiction: EU law. The Court reviewed the EU regulation implementing UN sanctions and annulled it for breaching rights of defence and property, asserting the autonomy of the EU legal order.
A · EU measures implementing UN Security Council resolutions must respect EU fundamental rights