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 creditor agrees to take £600 in full settlement of a £1,000 debt that is due, then sues for the other £400. Under Pinnel's Case and Foakes v Beer, the creditor:

  1. ACan recover only if the agreement was oral
  2. BCan usually recover the £400
  3. CMust give back the £600 first
  4. DCannot recover anything more
2.Contract lawHard

Two parties agree to continue negotiating for the sale of a business, with no fixed period. In Walford v Miles, the House of Lords held that a bare agreement to negotiate in good faith is:

  1. AEnforceable only if made in writing
  2. BEnforceable as a lock-out agreement
  3. CUnenforceable, because it lacks certainty
  4. DEnforceable, as an implied duty of good faith
3.Tort lawMedium

Contractors negligently cut a power cable, damaging the melt in a factory's furnace and stopping further production. In Spartan Steel v Martin, the factory recovered:

  1. AAll profits lost while the power was off
  2. BThe damaged melt and its lost profit, but not profit on further melts
  3. CNothing, because all the losses were economic and none was physical damage
  4. DOnly the cost of repairing the cable
4.Tort lawHard

A "novus actus interveniens" can:

  1. ABreak the chain of causation between the defendant's breach and the harm
  2. BCreate a new duty of care
  3. CIncrease the damages owed
  4. DTurn a civil claim into a criminal one when the intervening act is an offence
5.Constitutional lawMedium

In Ghaidan v Godin-Mendoza, the House of Lords used section 3 of the Human Rights Act to read "as his or her wife or husband" in the Rent Act as:

  1. AIncompatible, so it issued a declaration
  2. BIncluding same-sex partners
  3. CExcluding all unmarried partners
  4. DApplying only to registered marriages
6.Constitutional lawHard

The legitimate expectation doctrine protects individuals when:

  1. AA minister speaks in Parliament
  2. BA public body made a clear promise or established practice that it then seeks to depart from unfairly
  3. CAny person hopes for a favourable decision
  4. DA contract with the government exists and the public body later fails to perform its contractual obligations
7.Criminal lawMedium

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

  1. ACriminal damage
  2. BMurder
  3. CDrug possession
  4. DTheft
8.Criminal lawHard

In R v Jordan (1956), the court held the chain of causation was broken because:

  1. AThe medical treatment was "palpably wrong" and the wound had mainly healed
  2. BThe victim had an unusually thin skull
  3. CA second attacker stabbed the victim again in hospital
  4. DThe victim refused a blood transfusion for religious reasons, which was unforeseeable
9.EU lawMedium

In Foto-Frost (1987), the Court held that national courts:

  1. ACan freely declare EU acts invalid
  2. BMust apply EU acts even if the Court of Justice has already declared them invalid
  3. CCannot refer validity questions to the Court of Justice
  4. DCannot declare an EU act invalid themselves and must refer the question
10.EU lawHard

In Inuit Tapiriit Kanatami (2013), the Court interpreted "regulatory act" in Article 263(4) TFEU to mean:

  1. AAny act adopted by the Commission or the Council
  2. BAny regulation, whether legislative or not
  3. CAn act of general application other than a legislative act
  4. DAn act addressed to a specific individual

2Solutions

1.Contract law

Answer: B · Can usually recover the £400

Why this is the answer

Jurisdiction: law of England and Wales. Part payment of a debt is not consideration for releasing the rest. The creditor is not bound unless the debtor gave something extra, such as early payment, or promissory estoppel applies.

Answer

B · Can usually recover the £400
2.Contract law

Answer: C · Unenforceable, because it lacks certainty

Why this is the answer

Jurisdiction: law of England and Wales. An agreement to negotiate is too uncertain to be enforced, since a party can withdraw from negotiations for any reason. A lock-out agreement for a fixed period, supported by consideration, can be enforceable.

Answer

C · Unenforceable, because it lacks certainty
3.Tort law

Answer: B · The damaged melt and its lost profit, but not profit on further melts

Why this is the answer

Jurisdiction: law of England and Wales. Physical damage and the economic loss consequent on it were recoverable. The loss of profit on melts that could not be started was pure economic loss and not recoverable.

Answer

B · The damaged melt and its lost profit, but not profit on further melts
4.Tort law

Answer: A · Break the chain of causation between the defendant's breach and the harm

Why this is the answer

Jurisdiction: general principle, found in most legal systems. A free, deliberate act of a third party, or an unreasonable act of the claimant, may break the chain of causation so the defendant is not liable for later harm.

Answer

A · Break the chain of causation between the defendant's breach and the harm
5.Constitutional law

Answer: B · Including same-sex partners

Why this is the answer

Jurisdiction: law of England and Wales. The House of Lords held that section 3 may require reading words in or out, as long as this is consistent with the underlying thrust of the legislation.

Answer

B · Including same-sex partners
6.Constitutional law

Answer: B · A public body made a clear promise or established practice that it then seeks to depart from unfairly

Why this is the answer

Jurisdiction: law of England and Wales. A clear, unambiguous representation can create a procedural or substantive legitimate expectation; departing from it may be an abuse of power unless justified by an overriding public interest.

Answer

B · A public body made a clear promise or established practice that it then seeks to depart from unfairly
7.Criminal law

Answer: B · 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

B · Murder
8.Criminal law

Answer: A · The medical treatment was "palpably wrong" and the wound had mainly healed

Why this is the answer

Jurisdiction: law of England and Wales. Jordan is exceptional: the stab wound had largely healed and the death was caused by grossly wrong treatment, so the defendant was not the cause. Later cases treat it as confined to its facts.

Answer

A · The medical treatment was "palpably wrong" and the wound had mainly healed
9.EU law

Answer: D · Cannot declare an EU act invalid themselves and must refer the question

Why this is the answer

Jurisdiction: EU law. National courts may find EU acts valid, but only the Court of Justice can declare them invalid, so courts doubting validity must refer under Article 267.

Answer

D · Cannot declare an EU act invalid themselves and must refer the question
10.EU law

Answer: C · An act of general application other than a legislative act

Why this is the answer

Jurisdiction: EU law. Legislative acts adopted under a legislative procedure are not regulatory acts, so the applicants needed individual concern and failed.

Answer

C · An act of general application other than a legislative act

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