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 contract made under duress may be:

  1. ATurned into a criminal offence only
  2. BEnforced against the pressured party in every case
  3. CAutomatically valid with no remedy
  4. DAvoided (set aside) by the pressured party
2.Contract lawHard

A seller quotes on its terms with a price variation clause. The buyer orders on its own terms without that clause, with a tear-off acknowledgement slip, which the seller signs and returns. In Butler Machine Tool v Ex-Cell-O, the contract was on:

  1. ANo terms, because there was no contract
  2. BA mixture of terms chosen by the court as fair
  3. CThe buyer's terms, because the seller accepted its counter-offer
  4. DThe seller's terms, because it sent its terms and price variation clause first
3.Tort lawMedium

Heat from a neighbour's ordinary activity damages specially sensitive paper stored by the claimant, but would not harm ordinary paper. Under Robinson v Kilvert, the claim:

  1. ASucceeds, because any physical damage to goods is an actionable nuisance
  2. BFails, because heat cannot be a nuisance
  3. CSucceeds, because the paper was valuable
  4. DFails, because nuisance does not protect abnormally sensitive uses
4.Tort lawHard

In Lachaux v Independent Print (2019), the Supreme Court held that "serious harm" under section 1 of the Defamation Act 2013 must be shown:

  1. ABy reference to the actual impact of the statement, as a matter of fact
  2. BOnly by the inherent meaning of the words
  3. CBy the number of people who read it, which must exceed a fixed threshold
  4. DOnly by showing the claimant lost money
5.Constitutional lawMedium

In Hirst v UK (No 2), the European Court of Human Rights held that the UK's blanket ban on voting by convicted prisoners:

  1. AViolated the right to freedom of expression in Article 10 of the Convention
  2. BViolated the right to free elections in Protocol 1, Article 3
  3. CWas within the UK's margin of appreciation
  4. DWas justified because prisoners have no rights
6.Constitutional lawHard

In the Dutch system, the Council of State (Raad van State) mainly:

  1. AElects the members of parliament
  2. BHears criminal appeals
  3. CAdvises on legislation and acts as the highest administrative court in many areas
  4. DAppoints the prime minister and supervises the formation of a new coalition government
7.Criminal lawMedium

The "thin skull" rule in criminal law means:

  1. AOnly healthy victims are protected
  2. BA frail victim breaks the chain of causation
  3. CThe victim's injuries must be foreseeable in extent
  4. DThe defendant must take the victim as they find them
8.Criminal lawHard

In the Dutch "Opticien" judgment (Hoge Raad, 1923), an optician sold glasses after closing time to a man who had broken his. The court recognised:

  1. AMental disorder as an excuse under Article 39 Sr
  2. BNecessity (noodtoestand) as a form of overmacht under Article 40 Sr
  3. CSelf-defence of property under Article 41 Sr
  4. DAn official order (ambtelijk bevel) as a justification under Article 43 Sr
9.EU lawMedium

A member state grants a subsidy to a company without notifying the Commission. Under the state aid rules, the state:

  1. ABreached the standstill obligation and may be required to recover the aid
  2. BHas acted lawfully if the subsidy was small in its view
  3. CMust pay a fine to every competitor
  4. DMust obtain approval from the European Parliament afterwards to legalise the aid
10.EU lawHard

In Inter-Environnement Wallonie (1997), the Court held that during the transposition period of a directive, member states:

  1. AAre free to adopt any measure until the deadline expires, even one directly contrary to the directive's aims
  2. BMust already apply the directive in full
  3. CMay ask the Commission to extend the deadline indefinitely
  4. DMust refrain from adopting measures liable to seriously compromise the result the directive prescribes

2Solutions

1.Contract law

Answer: D · Avoided (set aside) by the pressured party

Why this is the answer

Jurisdiction: general principle, found in most legal systems. Duress (illegitimate pressure that induces the contract) makes the contract voidable at the option of the victim.

Answer

D · Avoided (set aside) by the pressured party
2.Contract law

Answer: C · The buyer's terms, because the seller accepted its counter-offer

Why this is the answer

Jurisdiction: law of England and Wales. The buyer's order was a counter-offer, and by signing and returning the slip the seller accepted it. The traditional offer and acceptance analysis decided the battle of the forms.

Answer

C · The buyer's terms, because the seller accepted its counter-offer
3.Tort law

Answer: D · Fails, because nuisance does not protect abnormally sensitive uses

Why this is the answer

Jurisdiction: law of England and Wales. A claimant cannot make an ordinary activity a nuisance by using land in an unusually sensitive way.

Answer

D · Fails, because nuisance does not protect abnormally sensitive uses
4.Tort law

Answer: A · By reference to the actual impact of the statement, as a matter of fact

Why this is the answer

Jurisdiction: law of England and Wales. The court held that section 1 requires the claimant to prove, on the facts, that the statement caused or was likely to cause serious harm. This can be inferred from evidence such as the scale of publication and the gravity of the words.

Answer

A · By reference to the actual impact of the statement, as a matter of fact
5.Constitutional law

Answer: B · Violated the right to free elections in Protocol 1, Article 3

Why this is the answer

Jurisdiction: European Convention on Human Rights. The Court accepted some restrictions on prisoner voting could be legitimate, but an automatic ban for all convicted prisoners was disproportionate.

Answer

B · Violated the right to free elections in Protocol 1, Article 3
6.Constitutional law

Answer: C · Advises on legislation and acts as the highest administrative court in many areas

Why this is the answer

Jurisdiction: Dutch law. The Raad van State gives advice on bills and its Administrative Jurisdiction Division is the highest general administrative court.

Answer

C · Advises on legislation and acts as the highest administrative court in many areas
7.Criminal law

Answer: D · The defendant must take the victim as they find them

Why this is the answer

Jurisdiction: law of England and Wales. A defendant is liable for the full consequences even if the victim's characteristics (physical or beliefs) made them worse than expected.

Answer

D · The defendant must take the victim as they find them
8.Criminal law

Answer: B · Necessity (noodtoestand) as a form of overmacht under Article 40 Sr

Why this is the answer

Jurisdiction: Dutch law. The Hoge Raad accepted that choosing the weightier interest in a conflict of duties can be justified as noodtoestand, a form of overmacht.

Answer

B · Necessity (noodtoestand) as a form of overmacht under Article 40 Sr
9.EU law

Answer: A · Breached the standstill obligation and may be required to recover the aid

Why this is the answer

Jurisdiction: EU law. New aid must be notified and not implemented until approved; unlawful aid found incompatible must be recovered from the beneficiary with interest.

Answer

A · Breached the standstill obligation and may be required to recover the aid
10.EU law

Answer: D · Must refrain from adopting measures liable to seriously compromise the result the directive prescribes

Why this is the answer

Jurisdiction: EU law. Although transposition is not yet due, states must not adopt provisions that would seriously compromise achieving the directive's result by the deadline.

Answer

D · Must refrain from adopting measures liable to seriously compromise the result the directive prescribes

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