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

An acceptance is sent by telex and arrives in the offeror's office during working hours. Under Entores v Miles Far East, acceptance takes effect:

  1. AWhen it is sent by the offeree
  2. BWhen the offeror reads it a week later
  3. CWhen it is received by the offeror
  4. DWhen it is confirmed by post
2.Contract lawHard

In Carlill v Carbolic Smoke Ball Co, the court held that the advertisement was:

  1. AAn invitation to treat
  2. BA contract only with the newspaper
  3. CA unilateral offer that could be accepted by performing the conditions
  4. DA mere advertising puff with no legal effect, since no one could take it seriously
3.Tort lawMedium

After a flood makes a factory floor slippery, the owner spreads sawdust but not everywhere, and a worker slips. Under Latimer v AEC, the owner was:

  1. ANot negligent, because closing the factory would have been out of proportion
  2. BNegligent, because any slip proves a breach
  3. CStrictly liable for flood damage
  4. DNegligent, because it should have closed the factory until the floor was dry
4.Tort lawHard

A newspaper publishes that a model is attending Narcotics Anonymous, with details and photographs of her leaving a meeting. In Campbell v MGN, the House of Lords held:

  1. AOnly the fact of her addiction was private
  2. BThere was no claim, because she had lied about drug use
  3. CThere was no claim, because the photographs were taken on a public street in London
  4. DPublishing the details and photographs was a misuse of private information
5.Constitutional lawMedium

Which rights in the ECHR are absolute and allow no derogation even in an emergency?

  1. AThe prohibition of torture (Article 3)
  2. BRight to respect for private life (Article 8)
  3. CFreedom of assembly (Article 11)
  4. DFreedom of expression (Article 10)
6.Constitutional lawHard

In R (Nicklinson) v Ministry of Justice (2014), concerning the ban on assisted suicide, the majority of the UK Supreme Court:

  1. AHeld that Article 8 was not engaged at all
  2. BMade a declaration of incompatibility with Article 8, while leaving the ban itself in force for now
  3. CDeclined to make a declaration of incompatibility at that time, leaving it to Parliament
  4. DRead the ban down under section 3 to allow assisted dying
7.Criminal lawMedium

"Dolus eventualis" (voorwaardelijk opzet) in Dutch criminal law means the defendant:

  1. ADid not foresee the consequence at all
  2. BKnowingly accepted the considerable chance that the consequence would occur
  3. CActed entirely by accident
  4. DWanted the consequence as their main goal and acted in order to bring it about
8.Criminal lawHard

Which of these is NOT a qualifying trigger for the loss of control defence under section 55 of the Coroners and Justice Act 2009?

  1. AA combination of fear of violence and grave provocation
  2. BSexual infidelity, considered on its own
  3. CThings said or done of an extremely grave character
  4. DA fear of serious violence from the victim
9.EU lawMedium

Environmental policy is an example of which type of EU competence?

  1. ANo EU competence at all
  2. BExclusive competence
  3. CShared competence
  4. DSupporting competence
10.EU lawHard

In Commission v Italy (trailers, 2009), an Italian ban on motorcycles towing trailers was held to be:

  1. AA customs duty contrary to Article 30
  2. BOutside Article 34 because it applied equally to domestic and imported motorcycles and trailers alike
  3. CA measure having equivalent effect, because it hindered access to the market for the product
  4. DA selling arrangement outside Article 34

2Solutions

1.Contract law

Answer: C · When it is received by the offeror

Why this is the answer

Jurisdiction: law of England and Wales. For instantaneous communications, acceptance is effective when received by the offeror. The Brimnes added that a message received in office hours is effective then, even if not read.

Answer

C · When it is received by the offeror
2.Contract law

Answer: C · A unilateral offer that could be accepted by performing the conditions

Why this is the answer

Jurisdiction: law of England and Wales. The advertisement was an offer to the world, accepted by anyone who used the smoke ball as directed and caught flu; notification of acceptance was not required.

Answer

C · A unilateral offer that could be accepted by performing the conditions
3.Tort law

Answer: A · Not negligent, because closing the factory would have been out of proportion

Why this is the answer

Jurisdiction: law of England and Wales. The owner took reasonable steps. Shutting down the whole factory would have been a burden out of proportion to the risk.

Answer

A · Not negligent, because closing the factory would have been out of proportion
4.Tort law

Answer: D · Publishing the details and photographs was a misuse of private information

Why this is the answer

Jurisdiction: law of England and Wales. The paper could reveal she had lied about drug use, but the details of her treatment and the photographs went further. Balancing Articles 8 and 10, her privacy prevailed.

Answer

D · Publishing the details and photographs was a misuse of private information
5.Constitutional law

Answer: A · The prohibition of torture (Article 3)

Why this is the answer

Jurisdiction: European Convention on Human Rights. Article 3 is absolute: no exceptions or derogations under Article 15. Articles 8–11 are qualified rights that can be restricted when necessary in a democratic society.

Answer

A · The prohibition of torture (Article 3)
6.Constitutional law

Answer: C · Declined to make a declaration of incompatibility at that time, leaving it to Parliament

Why this is the answer

Jurisdiction: law of England and Wales. The court held it had power to make a declaration, but most judges considered it inappropriate then, as Parliament should first consider the issue.

Answer

C · Declined to make a declaration of incompatibility at that time, leaving it to Parliament
7.Criminal law

Answer: B · Knowingly accepted the considerable chance that the consequence would occur

Why this is the answer

Jurisdiction: Dutch law. Conditional intent exists when a person knowingly accepts a considerable chance of the consequence occurring; it is sufficient for many intent-based offences.

Answer

B · Knowingly accepted the considerable chance that the consequence would occur
8.Criminal law

Answer: B · Sexual infidelity, considered on its own

Why this is the answer

Jurisdiction: law of England and Wales. Section 55(6)(c) says sexual infidelity is to be disregarded as a trigger, but R v Clinton held it may be considered as context for another qualifying trigger.

Answer

B · Sexual infidelity, considered on its own
9.EU law

Answer: C · Shared competence

Why this is the answer

Jurisdiction: EU law. In shared areas such as the environment, consumer protection and the internal market, member states may legislate to the extent the EU has not exercised its competence.

Answer

C · Shared competence
10.EU law

Answer: C · A measure having equivalent effect, because it hindered access to the market for the product

Why this is the answer

Jurisdiction: EU law. The Court held that restrictions on use that prevent or greatly limit demand hinder market access and fall under Article 34, though they may be justified, here by road safety.

Answer

C · A measure having equivalent effect, because it hindered access to the market for the product

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