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:
- AWhen it is sent by the offeree
- BWhen the offeror reads it a week later
- CWhen it is received by the offeror
- DWhen it is confirmed by post
2.Contract lawHard
In Carlill v Carbolic Smoke Ball Co, the court held that the advertisement was:
- AAn invitation to treat
- BA contract only with the newspaper
- CA unilateral offer that could be accepted by performing the conditions
- 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:
- ANot negligent, because closing the factory would have been out of proportion
- BNegligent, because any slip proves a breach
- CStrictly liable for flood damage
- 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:
- AOnly the fact of her addiction was private
- BThere was no claim, because she had lied about drug use
- CThere was no claim, because the photographs were taken on a public street in London
- 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?
- AThe prohibition of torture (Article 3)
- BRight to respect for private life (Article 8)
- CFreedom of assembly (Article 11)
- 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:
- AHeld that Article 8 was not engaged at all
- BMade a declaration of incompatibility with Article 8, while leaving the ban itself in force for now
- CDeclined to make a declaration of incompatibility at that time, leaving it to Parliament
- 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:
- ADid not foresee the consequence at all
- BKnowingly accepted the considerable chance that the consequence would occur
- CActed entirely by accident
- 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?
- AA combination of fear of violence and grave provocation
- BSexual infidelity, considered on its own
- CThings said or done of an extremely grave character
- DA fear of serious violence from the victim
9.EU lawMedium
Environmental policy is an example of which type of EU competence?
- ANo EU competence at all
- BExclusive competence
- CShared competence
- DSupporting competence
10.EU lawHard
In Commission v Italy (trailers, 2009), an Italian ban on motorcycles towing trailers was held to be:
- AA customs duty contrary to Article 30
- BOutside Article 34 because it applied equally to domestic and imported motorcycles and trailers alike
- CA measure having equivalent effect, because it hindered access to the market for the product
- 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
C · A measure having equivalent effect, because it hindered access to the market for the product