1Practice problems
1.Contract lawMedium
A hotel guest sees an exclusion notice in her room only after booking and paying at reception. Under Olley v Marlborough Court Hotel, the notice is:
- APart of the contract, because hotels may exclude liability
- BPart of the contract, because she stayed in the room
- CBinding from the second night onwards
- DNot part of the contract, because it came after formation
2.Contract lawHard
An actress is wrongly denied the chance to take part in the final stage of a competition in which some finalists would win prizes. In Chaplin v Hicks:
- AShe could recover the full value of a prize
- BShe could recover nothing, because her loss was uncertain
- CShe could recover damages for the loss of a chance
- DShe could recover only her travel expenses
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:
- ALiable only for half of the damage
- BNot liable, because the boy was a trespasser
- CNot liable, because the explosion was unforeseeable
- DLiable, because burns were a foreseeable type of harm
4.Tort lawHard
A prisoner known to be a suicide risk kills himself in a police cell after officers leave the door hatch open. In Reeves v Metropolitan Police Commissioner, the House of Lords held:
- AHis deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
- BThe claim failed because of illegality
- CThe police were not liable, because a sane adult's suicide is always a voluntary act breaking the chain
- DHis deliberate act broke the chain of causation
5.Constitutional lawMedium
Constitutional conventions are:
- AWritten rules found in statutes that courts enforce like any other law
- BNon-legal rules of political practice that are regarded as binding
- CInternational treaties about the constitution
- DMeetings held to write a new constitution
6.Constitutional lawHard
Under Osman v UK, a state breaches its positive obligation under Article 2 to protect a person from a third party if the authorities:
- ADid not provide round-the-clock police protection for every person who had reported any threat against them
- BKnew or ought to have known of a real and immediate risk to life, and failed to take reasonable measures
- CFailed to prevent any crime in their area
- DFailed to convict the person who later killed the victim
7.Criminal lawMedium
D attacks someone while sleepwalking. Following R v Burgess, the correct defence is:
- ANon-insane automatism, because sleep is natural
- BSelf-defence, because D was dreaming of an attack
- CInvoluntary intoxication, because D was not aware
- DInsanity, because sleepwalking was caused by an internal factor
8.Criminal lawHard
In R v Malcherek and Steel (1981), doctors switched off life-support machines after diagnosing brain death. The court held:
- AThe doctors became the legal cause of death by deliberately switching off the machines
- BThe victims died of natural causes in law
- CSwitching off did not break the chain; the original assailants caused the deaths
- DThe defendants were guilty only of attempted murder
9.EU lawMedium
Which of these can NOT be used to justify a restriction on imports under Article 36 TFEU?
- AProtection of human health
- BProtection of industrial and commercial property
- CPublic morality
- DProtecting the national economy from competition
10.EU lawHard
In Dano (2014), the Court held that an economically inactive EU national with no sufficient resources:
- AHad to be granted permanent residence after one year
- BHad an absolute right to social assistance on the same terms as nationals, by virtue of Union citizenship alone
- CCould be expelled automatically without any assessment
- DCould be refused social assistance because she did not meet the residence conditions of Directive 2004/38
2Solutions
1.Contract law
Answer: D · Not part of the contract, because it came after formation
Why this is the answer
Jurisdiction: law of England and Wales. Terms must be brought to a party's attention before or at the time of contracting. A notice seen only after the contract was made cannot be incorporated.
D · Not part of the contract, because it came after formation
2.Contract law
Answer: C · She could recover damages for the loss of a chance
Why this is the answer
Jurisdiction: law of England and Wales. The court held that the loss of a real chance can be valued. The difficulty of assessing damages does not stop the claimant recovering.
C · She could recover damages for the loss of a chance
3.Tort law
Answer: D · 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.
D · Liable, because burns were a foreseeable type of harm
4.Tort law
Answer: A · His deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
Why this is the answer
Jurisdiction: law of England and Wales. Where the duty is to guard against the claimant's own deliberate act, that act cannot break the chain of causation. Damages were reduced for contributory negligence.
A · His deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
5.Constitutional law
Answer: B · 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).
B · Non-legal rules of political practice that are regarded as binding
6.Constitutional law
Answer: B · Knew or ought to have known of a real and immediate risk to life, and failed to take reasonable measures
Why this is the answer
Jurisdiction: European Convention on Human Rights. The obligation is not to prevent every risk, which would place an impossible burden on the police, but to act reasonably once a real and immediate risk is known or should be known.
B · Knew or ought to have known of a real and immediate risk to life, and failed to take reasonable measures
7.Criminal law
Answer: D · Insanity, because sleepwalking was caused by an internal factor
Why this is the answer
Jurisdiction: law of England and Wales. Burgess held that the sleepwalking arose from an internal factor that could recur, so it was a disease of the mind under the M'Naghten Rules.
D · Insanity, because sleepwalking was caused by an internal factor
8.Criminal law
Answer: C · Switching off did not break the chain; the original assailants caused the deaths
Why this is the answer
Jurisdiction: law of England and Wales. Where treatment is given in good faith and the original wound remains an operating cause, the defendant remains the legal cause of death.
C · Switching off did not break the chain; the original assailants caused the deaths
9.EU law
Answer: D · Protecting the national economy from competition
Why this is the answer
Jurisdiction: EU law. Purely economic aims, such as protecting domestic producers, can never justify restrictions on free movement; the listed grounds must also be applied proportionately.
D · Protecting the national economy from competition
10.EU law
Answer: D · Could be refused social assistance because she did not meet the residence conditions of Directive 2004/38
Why this is the answer
Jurisdiction: EU law. Equal treatment for social assistance depends on lawful residence under the Directive; a person who moved without resources or seeking work could be excluded.
D · Could be refused social assistance because she did not meet the residence conditions of Directive 2004/38