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

Under EU consumer law, a consumer who buys online usually has the right to withdraw within:

  1. A30 days, only if the goods are defective
  2. BNo time, because online sales are final
  3. C14 days without giving a reason
  4. D3 days, only with a reason
2.Contract lawHard

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:

  1. AThe court rewrote the price to per piece
  2. BThere was no contract, as the buyer knew of the mistake
  3. CThe contract was voidable at the buyer's option
  4. DThere was a binding contract at the stated price
3.Tort lawMedium

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:

  1. ANot liable, because the explosion was unforeseeable
  2. BLiable, because burns were a foreseeable type of harm
  3. CNot liable, because the boy was a trespasser
  4. DLiable only for half of the damage
4.Tort lawHard

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:

  1. ALiable for all consequences, because the officer's injury was a foreseeable result of the crash
  2. BNot liable for the officer's injury, because the inspector's negligence broke the chain
  3. CLiable for half, shared with the inspector
  4. DLiable, because rescuers are foreseeable
5.Constitutional lawMedium

Under the Human Rights Act 1998, a private body with some "functions of a public nature" is:

  1. ABound by the Act in everything it does
  2. BBound by the Act only if it receives most of its funding from the state
  3. CBound by the Act for its public functions, but not for private acts
  4. DNever bound by the Act
6.Constitutional lawHard

Dicey argued that in England individual liberties were mainly protected by:

  1. AA specialised constitutional court
  2. BA written bill of rights with higher status
  3. CThe personal decisions of the monarch
  4. DThe ordinary courts applying the common law
7.Criminal lawMedium

D, a diabetic, takes insulin, skips food, becomes hypoglycaemic and hits V without knowing what he is doing. D may rely on:

  1. ADuress of circumstances, because D was ill
  2. BNon-insane automatism, because an external factor caused the episode
  3. CDiminished responsibility, because harm was caused
  4. DInsanity, because diabetes is a disease affecting the functioning of the mind
8.Criminal lawHard

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:

  1. AThe series of acts formed one transaction, so actus reus and mens rea coincided
  2. BThe defendants were guilty only of attempted murder
  3. CThe victim's death was not caused by the defendants
  4. DThere was no murder because the mens rea existed only before the act that actually caused death
9.EU lawMedium

Costa v ENEL (1964) established:

  1. AThe direct effect of regulations
  2. BThe principle of subsidiarity
  3. CState liability for breaches of EU law
  4. DThe supremacy (primacy) of EU law over national law
10.EU lawHard

In Säger v Dennemeyer (1991), the Court held that Article 56 TFEU requires the abolition of:

  1. AAny restriction, even if non-discriminatory, liable to prohibit or impede the services of a provider from another member state
  2. BOnly rules that openly discriminate on grounds of nationality
  3. CAll national licensing requirements, without exception, even where they protect service recipients and are applied proportionately
  4. DOnly rules adopted after the provider has arrived

2Solutions

1.Contract law

Answer: C · 14 days without giving a reason

Why this is the answer

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

C · 14 days without giving a reason
2.Contract law

Answer: B · There was no contract, as the buyer knew of the mistake

Why this is the answer

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 · There was no contract, as the buyer knew of the mistake
3.Tort law

Answer: B · Liable, because burns were a foreseeable type of harm

Why this is the answer

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 · Liable, because burns were a foreseeable type of harm
4.Tort law

Answer: B · Not liable for the officer's injury, because the inspector's negligence broke the chain

Why this is the answer

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

B · Not liable for the officer's injury, because the inspector's negligence broke the chain
5.Constitutional law

Answer: C · Bound by the Act for its public functions, but not for private acts

Why this is the answer

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

C · Bound by the Act for its public functions, but not for private acts
6.Constitutional law

Answer: D · The ordinary courts applying the common law

Why this is the answer

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

D · The ordinary courts applying the common law
7.Criminal law

Answer: B · Non-insane automatism, because an external factor caused the episode

Why this is the answer

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

B · Non-insane automatism, because an external factor caused the episode
8.Criminal law

Answer: A · The series of acts formed one transaction, so actus reus and mens rea coincided

Why this is the answer

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

A · The series of acts formed one transaction, so actus reus and mens rea coincided
9.EU law

Answer: D · The supremacy (primacy) of EU law over national law

Why this is the answer

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

D · The supremacy (primacy) of EU law over national law
10.EU law

Answer: A · Any restriction, even if non-discriminatory, liable to prohibit or impede the services of a provider from another member state

Why this is the answer

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.

Answer

A · Any restriction, even if non-discriminatory, liable to prohibit or impede the services of a provider from another member state

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