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

Sailors are promised extra wages for sailing a ship home after two crew members desert, but they do no more than their contract already required. In Stilk v Myrick the promise was:

  1. AUnenforceable for lack of consideration
  2. BEnforceable as a practical benefit
  3. CEnforceable because the captain agreed freely
  4. DUnenforceable because it was made at sea
2.Contract lawHard

An employment contract forbids the employee from working for any competitor anywhere in the world for 20 years after leaving. In English law this clause is most likely:

  1. AEnforceable for the first five years only
  2. BUnenforceable, as an unreasonable restraint of trade
  3. CEnforceable, because the employee agreed to it
  4. DEnforceable if the employer is a large company
3.Tort lawMedium

The Bolam test applies to:

  1. AThe remoteness of damage
  2. BThe standard of care expected of professionals such as doctors
  3. COccupiers' liability to trespassers
  4. DDefamation defences
4.Tort lawHard

A petrol station kiosk attendant racially abuses a customer, follows him outside and assaults him. In Mohamud v WM Morrison Supermarkets, the employer was:

  1. ANot liable, because violence was not part of his job
  2. BVicariously liable, as the assault was closely connected to his job of serving customers
  3. CLiable only if it had trained him poorly
  4. DNot liable, because the assault took place outside the kiosk and after the conversation ended
5.Constitutional lawMedium

Parliamentary sovereignty (as described by Dicey) means that:

  1. AThe executive can override Parliament
  2. BParliament can make or unmake any law, and no body can override its Acts
  3. CCourts can strike down any Act of Parliament that conflicts with common law rights
  4. DParliament must obey previous Parliaments
6.Constitutional lawHard

A woman with a terminal illness asks for a guarantee that her husband will not be prosecuted for helping her die. In Pretty v UK, the European Court of Human Rights held that Article 2:

  1. ADoes not include a right to die
  2. BRequires states to allow assisted suicide
  3. CWas not engaged by her case at all
  4. DRequires an immunity for her husband
7.Criminal lawMedium

D drinks heavily to gain courage before killing V, as planned. Following A-G for Northern Ireland v Gallagher, D:

  1. ACan rely on intoxication because murder is a specific intent offence
  2. BHas a defence of involuntary intoxication
  3. CCan only be guilty of manslaughter
  4. DCannot rely on intoxication, because the intent to kill was formed before drinking
8.Criminal lawHard

In Re A (Conjoined Twins) (2001), the Court of Appeal allowed surgery that would kill the weaker twin to save the stronger. This is often cited as authority that:

  1. ADoctors can never be liable for murder
  2. BParental consent is a defence to homicide
  3. CNecessity is a general defence to murder whenever more lives would be saved than lost
  4. DNecessity can, in very exceptional circumstances, justify an act that causes death
9.EU lawMedium

The "public service" exception in Article 45(4) TFEU covers:

  1. AAny job paid for by public funds
  2. BJobs in companies that have government contracts
  3. CAll jobs in the public sector, including those of nurses, teachers and railway workers employed by the state
  4. DPosts involving the exercise of public power and safeguarding the general interests of the state
10.EU lawHard

In Åkerberg Fransson (2013), a Swedish fisherman faced tax penalties and criminal proceedings for VAT fraud. The Court held that the Charter applied because:

  1. AThe fisherman was an EU institution employee
  2. BThe Charter applies to every action of a member state, whether or not it involves EU law in any way
  3. CSweden had incorporated the Charter into its constitution
  4. DThe national measures fell within the scope of EU law on VAT and the EU's financial interests

2Solutions

1.Contract law

Answer: A · Unenforceable for lack of consideration

Why this is the answer

Jurisdiction: law of England and Wales. Performing an existing contractual duty owed to the promisor was not consideration. In Hartley v Ponsonby the crew went beyond their duty because the voyage became dangerous, so extra pay was enforceable.

Answer

A · Unenforceable for lack of consideration
2.Contract law

Answer: B · Unenforceable, as an unreasonable restraint of trade

Why this is the answer

Jurisdiction: law of England and Wales. Restraints of trade are void unless reasonable to protect a legitimate interest, such as trade secrets or customer connections. A worldwide 20-year ban on an ordinary employee goes far beyond that.

Answer

B · Unenforceable, as an unreasonable restraint of trade
3.Tort law

Answer: B · The standard of care expected of professionals such as doctors

Why this is the answer

Jurisdiction: law of England and Wales. A professional is not negligent if they acted in accordance with a practice accepted as proper by a responsible body of professionals (later qualified by Bolitho).

Answer

B · The standard of care expected of professionals such as doctors
4.Tort law

Answer: B · Vicariously liable, as the assault was closely connected to his job of serving customers

Why this is the answer

Jurisdiction: law of England and Wales. The Supreme Court held that the attendant's job was to deal with customers, and his conduct was an unbroken sequence connected to that role, so it was fair to hold the employer liable.

Answer

B · Vicariously liable, as the assault was closely connected to his job of serving customers
5.Constitutional law

Answer: B · Parliament can make or unmake any law, and no body can override its Acts

Why this is the answer

Jurisdiction: law of England and Wales. In Dicey's classic account, Parliament has unlimited legislative power and its Acts cannot be set aside by courts, although EU membership and the Human Rights Act raised complications.

Answer

B · Parliament can make or unmake any law, and no body can override its Acts
6.Constitutional law

Answer: A · Does not include a right to die

Why this is the answer

Jurisdiction: European Convention on Human Rights. Article 2 cannot be interpreted as giving the opposite right to choose death. The Court also accepted that Article 8 was engaged but that the ban on assisted suicide was justified.

Answer

A · Does not include a right to die
7.Criminal law

Answer: D · Cannot rely on intoxication, because the intent to kill was formed before drinking

Why this is the answer

Jurisdiction: law of England and Wales. Where a defendant forms the intent and then gets drunk to carry it out, the intoxication does not negate mens rea and is no defence.

Answer

D · Cannot rely on intoxication, because the intent to kill was formed before drinking
8.Criminal law

Answer: D · Necessity can, in very exceptional circumstances, justify an act that causes death

Why this is the answer

Jurisdiction: law of England and Wales. Brooke LJ accepted necessity where the act was needed to avoid inevitable and irreparable evil, no more was done than necessary, and the evil inflicted was not disproportionate.

Answer

D · Necessity can, in very exceptional circumstances, justify an act that causes death
9.EU law

Answer: D · Posts involving the exercise of public power and safeguarding the general interests of the state

Why this is the answer

Jurisdiction: EU law. The exception covers only posts that involve exercising powers conferred by public law, such as in the police or judiciary, not public sector employment in general.

Answer

D · Posts involving the exercise of public power and safeguarding the general interests of the state
10.EU law

Answer: D · The national measures fell within the scope of EU law on VAT and the EU's financial interests

Why this is the answer

Jurisdiction: EU law. The Court read "implementing EU law" as acting within the scope of EU law, so ne bis in idem under Article 50 of the Charter could apply.

Answer

D · The national measures fell within the scope of EU law on VAT and the EU's financial interests

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