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

A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:

  1. AThe full price with no deduction
  2. BNothing, because performance was not exact
  3. COnly payment for the materials used
  4. DThe price less the cost of putting the defects right
2.Contract lawHard

A buyer purchases oats thinking they are old oats. The seller knows they are new, but made no statement or promise that they were old. Under Smith v Hughes:

  1. AThe contract is void for unilateral mistake
  2. BThe contract is binding, because a mistake about quality alone is not enough
  3. CThe seller had a duty to correct the buyer
  4. DThe contract is voidable, because the seller's silence amounted to a misrepresentation
3.Tort lawMedium

A house is built on defective foundations, approved by the local authority. Cracks appear and the owner sells at a loss. In Murphy v Brentwood DC, the loss was:

  1. APhysical damage, fully recoverable
  2. BRecoverable because the council approved the plans
  3. CPure economic loss, not recoverable in negligence
  4. DRecoverable only against the buyer
4.Tort lawHard

A bank requires job applicants to have medical examinations by a self-employed doctor, who abuses some of them. In Barclays Bank v Various Claimants (2020), the Supreme Court held the bank:

  1. ANot vicariously liable, as the doctor was an independent contractor running his own business
  2. BVicariously liable, because it chose the doctor
  3. CStrictly liable for any harm to applicants
  4. DVicariously liable, as the relationship was akin to employment and the bank benefited from his work
5.Constitutional lawMedium

Constitutional conventions are:

  1. AInternational treaties about the constitution
  2. BMeetings held to write a new constitution
  3. CNon-legal rules of political practice that are regarded as binding
  4. DWritten rules found in statutes that courts enforce like any other law
6.Constitutional lawHard

After 2001, the UK detained foreign terrorism suspects indefinitely without trial. In A v Home Secretary (the Belmarsh case), the House of Lords:

  1. AHeld that national security questions were for the executive alone and could not be reviewed by courts
  2. BUpheld the detention as a valid response to an emergency
  3. COrdered the immediate release of all detainees
  4. DMade a declaration of incompatibility, finding the measure disproportionate and discriminatory
7.Criminal lawMedium

Duress as a defence is generally NOT available in English law to a charge of:

  1. ADrug possession
  2. BTheft
  3. CMurder
  4. DCriminal damage
8.Criminal lawHard

In R v Hinks (2000), the House of Lords held that:

  1. ACivil law always decides criminal liability for theft
  2. BReceiving a valid gift can be an appropriation, so it can be theft if dishonest
  3. COnly shop thefts involve appropriation
  4. DA valid gift can never be theft because full ownership passes to the recipient at once
9.EU lawMedium

What is the consequence under Article 101(2) TFEU of an agreement prohibited by Article 101(1) and not exempted?

  1. AIt becomes a state aid
  2. BIt is automatically void
  3. CIt must be renegotiated within a year
  4. DIt remains valid but cannot be enforced against consumers
10.EU lawHard

In Köbler (2003), the Court of Justice held that state liability can arise from:

  1. AOnly failures of the national legislature
  2. BDecisions of the Court of Justice itself
  3. CA manifest infringement of EU law by a national court of last instance
  4. DAny error of interpretation made by a national court of first instance, however minor

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.

Answer

D · The price less the cost of putting the defects right
2.Contract law

Answer: B · The contract is binding, because a mistake about quality alone is not enough

Why this is the answer

Jurisdiction: law of England and Wales. A party's mistaken belief about quality, not induced by the other, does not affect the contract. The result would differ if the buyer believed the seller was promising old oats and the seller knew it.

Answer

B · The contract is binding, because a mistake about quality alone is not enough
3.Tort law

Answer: C · Pure economic loss, not recoverable in negligence

Why this is the answer

Jurisdiction: law of England and Wales. The cost of repairing a defect in a building, or its reduced value, is pure economic loss. The House of Lords overruled Anns v Merton on this point.

Answer

C · Pure economic loss, not recoverable in negligence
4.Tort law

Answer: A · Not vicariously liable, as the doctor was an independent contractor running his own business

Why this is the answer

Jurisdiction: law of England and Wales. The court confirmed that vicarious liability does not extend to genuine independent contractors. The doctor had his own practice and other clients, and was not part of the bank's business.

Answer

A · Not vicariously liable, as the doctor was an independent contractor running his own business
5.Constitutional law

Answer: C · Non-legal rules of political practice that are regarded as binding

Why this is the answer

Jurisdiction: law of England and Wales. Conventions, such as the monarch granting royal assent, guide behaviour but are not enforced by courts (as confirmed in the Miller case).

Answer

C · Non-legal rules of political practice that are regarded as binding
6.Constitutional law

Answer: D · Made a declaration of incompatibility, finding the measure disproportionate and discriminatory

Why this is the answer

Jurisdiction: law of England and Wales. The Lords quashed the derogation order and declared the detention power incompatible with Articles 5 and 14, because it applied only to foreign nationals and was not strictly required by the emergency.

Answer

D · Made a declaration of incompatibility, finding the measure disproportionate and discriminatory
7.Criminal law

Answer: C · Murder

Why this is the answer

Jurisdiction: law of England and Wales. Duress is not a defence to murder or attempted murder in English law, because the law will not excuse taking an innocent life to save one's own.

Answer

C · Murder
8.Criminal law

Answer: B · Receiving a valid gift can be an appropriation, so it can be theft if dishonest

Why this is the answer

Jurisdiction: law of England and Wales. Hinks extended Gomez: acquiring an indefeasible title to property can still be an appropriation, leaving dishonesty to filter liability.

Answer

B · Receiving a valid gift can be an appropriation, so it can be theft if dishonest
9.EU law

Answer: B · It is automatically void

Why this is the answer

Jurisdiction: EU law. Prohibited agreements are automatically void, although only the prohibited clauses are void if they can be separated from the rest.

Answer

B · It is automatically void
10.EU law

Answer: C · A manifest infringement of EU law by a national court of last instance

Why this is the answer

Jurisdiction: EU law. Köbler extended Francovich liability to judicial decisions of final courts, but only where the court manifestly infringed applicable EU law.

Answer

C · A manifest infringement of EU law by a national court of last instance

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