1Practice problems
1.Contract lawMedium
A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:
- ANothing, because performance was not exact
- BOnly payment for the materials used
- CThe full price with no deduction
- DThe price less the cost of putting the defects right
2.Contract lawHard
Specific performance is usually ordered when:
- AThe defendant has no money
- BThe contract involves personal services, such as employment or performance contracts
- CDamages would be an inadequate remedy, for example for unique goods or land
- DThe claimant asks for it in any case
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:
- ANegligent, because the possible harm to this worker was very serious
- BStrictly liable for all eye injuries
- CNot negligent, because the risk of an accident was the same for all workers
- DNot negligent, because goggles were not normally provided
4.Tort lawHard
Under section 3 of the Defamation Act 2013, the honest opinion defence requires that the statement:
- AWas an opinion, indicated its basis, and an honest person could have held it on the facts
- BWas made with no intention to harm
- CWas a statement of fact, indicated its source, and was shown to be substantially true by the defendant
- DWas published by a professional journalist
5.Constitutional lawMedium
Article 2 of the ECHR (right to life) imposes on states a positive obligation to:
- AGuarantee that no citizen ever dies
- BTake appropriate steps to safeguard lives within their jurisdiction
- CAbolish all police forces
- DGuarantee free housing and healthcare to everyone within their territory
6.Constitutional lawHard
In Ireland v UK (1978), the European Court of Human Rights held that the "five techniques" used in interrogating detainees in Northern Ireland were:
- ATorture under Article 3
- BA breach of Article 5 only
- CLawful because of the emergency
- DInhuman and degrading treatment, but not torture
7.Criminal lawMedium
D, being pursued by armed police, uses V as a human shield and fires at the officers. The police return fire and kill V. Following R v Pagett, D is:
- ALiable, because the police acted reasonably in self-defence and did not break the chain of causation
- BNot liable, because V's death was not foreseeable to D
- CNot liable, because the police officers' decision to fire was a free, deliberate and informed intervening act
- DLiable only if the police officers are also convicted
8.Criminal lawHard
In the Dutch "Melk-en-water" judgment (Hoge Raad, 1916), the court recognised:
- AThe legality principle as part of the Constitution
- BConditional intent as a form of intention
- CForce majeure as a written justification
- DAbsence of all blame (AVAS) as an unwritten excuse
9.EU lawMedium
A member state grants a subsidy to a company without notifying the Commission. Under the state aid rules, the state:
- AHas acted lawfully if the subsidy was small in its view
- BMust obtain approval from the European Parliament afterwards to legalise the aid
- CMust pay a fine to every competitor
- DBreached the standstill obligation and may be required to recover the aid
10.EU lawHard
The Weiss (PSPP) judgment of the German Federal Constitutional Court in 2020 was controversial because it:
- ADeclared a CJEU judgment ultra vires and not binding in Germany
- BWithdrew Germany from the EU
- CAccepted unlimited supremacy of EU law
- DAbolished the euro in Germany
2Solutions
1.Contract law
Answer: D · The price less the cost of putting the defects right
Why this is the answer
Jurisdiction: law of England and Wales. Where an entire contract is substantially performed, the contractor can claim the price minus the cost of remedying defects. Contrast Bolton v Mahadeva, where defects were too serious.
D · The price less the cost of putting the defects right
2.Contract law
Answer: C · Damages would be an inadequate remedy, for example for unique goods or land
Why this is the answer
Jurisdiction: law of England and Wales. Common law courts order specific performance where damages are inadequate, such as sales of land or unique items, but not for personal service contracts. Civil law systems treat performance as a more primary remedy.
C · Damages would be an inadequate remedy, for example for unique goods or land
3.Tort law
Answer: A · 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.
A · Negligent, because the possible harm to this worker was very serious
4.Tort law
Answer: A · Was an opinion, indicated its basis, and an honest person could have held it on the facts
Why this is the answer
Jurisdiction: law of England and Wales. The defence protects comment, not statements of fact. It is defeated if the claimant shows the defendant did not actually hold the opinion.
A · Was an opinion, indicated its basis, and an honest person could have held it on the facts
5.Constitutional law
Answer: B · Take appropriate steps to safeguard lives within their jurisdiction
Why this is the answer
Jurisdiction: European Convention on Human Rights. Besides refraining from unlawful killing, states must protect life, for example through effective criminal law and operational measures when authorities know of a real and immediate risk.
B · Take appropriate steps to safeguard lives within their jurisdiction
6.Constitutional law
Answer: D · Inhuman and degrading treatment, but not torture
Why this is the answer
Jurisdiction: European Convention on Human Rights. The Court found a breach of Article 3, but held that the treatment did not reach the special stigma of torture. Article 3 cannot be derogated from in any emergency.
D · Inhuman and degrading treatment, but not torture
7.Criminal law
Answer: A · Liable, because the police acted reasonably in self-defence and did not break the chain of causation
Why this is the answer
Jurisdiction: law of England and Wales. In Pagett the officers' reasonable act of self-defence was not a free, deliberate and informed act breaking the chain, so D caused V's death.
A · Liable, because the police acted reasonably in self-defence and did not break the chain of causation
8.Criminal law
Answer: D · Absence of all blame (AVAS) as an unwritten excuse
Why this is the answer
Jurisdiction: Dutch law. The Hoge Raad held that a person who is entirely without fault cannot be punished, creating the unwritten defence of afwezigheid van alle schuld.
D · Absence of all blame (AVAS) as an unwritten excuse
9.EU law
Answer: D · Breached the standstill obligation and may be required to recover the aid
Why this is the answer
Jurisdiction: EU law. New aid must be notified and not implemented until approved; unlawful aid found incompatible must be recovered from the beneficiary with interest.
D · Breached the standstill obligation and may be required to recover the aid
10.EU law
Answer: A · Declared a CJEU judgment ultra vires and not binding in Germany
Why this is the answer
Jurisdiction: EU law. The BVerfG held that the CJEU's approval of the ECB's Public Sector Purchase Programme lacked a proper proportionality review and was ultra vires, challenging the CJEU's authority.
A · Declared a CJEU judgment ultra vires and not binding in Germany