Under EU consumer law, a consumer who buys online usually has the right to withdraw within:
- A30 days, only if the goods are defective
- BNo time, because online sales are final
- C14 days without giving a reason
- D3 days, only with a reason
Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.
Under EU consumer law, a consumer who buys online usually has the right to withdraw within:
A seller mistakenly offers hare skins at a price per pound instead of per piece. The buyer knew that prices were always quoted per piece. In Hartog v Colin and Shields:
Workmen leave an open manhole with paraffin lamps. A boy knocks a lamp in, causing an unexpected explosion and burns. In Hughes v Lord Advocate, the defendants were:
After an accident in a tunnel, a police inspector negligently orders an officer to ride back against the traffic, and the officer is hit. In Knightley v Johns, the original negligent driver was:
Under the Human Rights Act 1998, a private body with some "functions of a public nature" is:
Dicey argued that in England individual liberties were mainly protected by:
D, a diabetic, takes insulin, skips food, becomes hypoglycaemic and hits V without knowing what he is doing. D may rely on:
In "Thabo Meli v R", the defendants beat the victim, believed him dead and threw him off a cliff, where he died of exposure. The court held:
Costa v ENEL (1964) established:
In Säger v Dennemeyer (1991), the Court held that Article 56 TFEU requires the abolition of:
Answer: C · 14 days without giving a reason
Jurisdiction: EU law. For distance and off-premises contracts consumers can generally withdraw within 14 days without reason, with exceptions such as personalised goods.
Answer: B · There was no contract, as the buyer knew of the mistake
Jurisdiction: law of England and Wales. Where one party knows that the other is mistaken about the terms of the offer, they cannot "snap up" the offer, and no contract is formed.
Answer: B · Liable, because burns were a foreseeable type of harm
Jurisdiction: law of England and Wales. It is enough that the type of damage was foreseeable, even if the precise manner and extent were not. Burns from the lamp were foreseeable.
Answer: B · Not liable for the officer's injury, because the inspector's negligence broke the chain
Jurisdiction: law of England and Wales. A new negligent act by a third party that is not a foreseeable consequence of the original wrong can break the chain of causation. The inspector's serious errors did so.
Answer: C · Bound by the Act for its public functions, but not for private acts
Jurisdiction: law of England and Wales. These are "hybrid" public authorities. They must act compatibly with Convention rights when exercising public functions, but not when the nature of the act is private.
Answer: D · The ordinary courts applying the common law
Jurisdiction: law of England and Wales. Dicey saw the constitution as the result of ordinary law, with rights arising from judicial decisions in individual cases, rather than from a written constitutional guarantee.
Answer: B · Non-insane automatism, because an external factor caused the episode
Jurisdiction: law of England and Wales. In Quick the hypoglycaemia was caused by the insulin, an external factor, so it was non-insane automatism; hyperglycaemia from the disease itself was insanity in Hennessy.
Answer: A · The series of acts formed one transaction, so actus reus and mens rea coincided
Jurisdiction: law of England and Wales. The Privy Council treated the beating and disposal as one continuous plan, so the intent to kill coincided with the acts causing death.
Answer: D · The supremacy (primacy) of EU law over national law
Jurisdiction: EU law. The Court held that member states had limited their sovereign rights and that national law, even later law, cannot override EU law.
Answer: A · Any restriction, even if non-discriminatory, liable to prohibit or impede the services of a provider from another member state
Jurisdiction: EU law. Säger extended the services freedom beyond discrimination to restrictions in general, which may be justified by imperative reasons in the general interest if proportionate.
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