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 actress agrees to act only for one studio and not for any other during the contract. She leaves to act for a rival. The court is most likely to:

  1. ARefuse any remedy, as personal services are involved
  2. BOrder her to pay the rival's profits to the court
  3. CGrant an injunction stopping her acting for the rival
  4. DOrder her to perform her contract with the studio
2.Contract lawHard

A chartered ship is returned late, and the owner loses a very profitable follow-on charter. In The Achilleas, the House of Lords held the charterer was liable:

  1. AFor punitive damages, because the delay was deliberate
  2. BOnly for the market rate difference during the overrun period
  3. CFor the whole profit lost on the follow-on charter, as it was foreseeable
  4. DFor no loss, because late return is not a breach
3.Tort lawMedium

Patients are paralysed by anaesthetic contaminated through invisible cracks in glass ampoules, a risk unknown to doctors at the time. Under Roe v Minister of Health, the hospital was:

  1. AStrictly liable for any harm from drugs
  2. BNegligent, judged by the medical knowledge available at trial
  3. CNot negligent, judged by the knowledge available at the time
  4. DNegligent, because harm occurred in hospital
4.Tort lawHard

A petrol station kiosk attendant racially abuses a customer, follows him outside and assaults him. In Mohamud v WM Morrison Supermarkets, the employer was:

  1. AVicariously liable, as the assault was closely connected to his job of serving customers
  2. BLiable only if it had trained him poorly
  3. CNot liable, because the assault took place outside the kiosk and after the conversation ended
  4. DNot liable, because violence was not part of his job
5.Constitutional lawMedium

In Pickin v British Railways Board, the House of Lords held that courts:

  1. AMust investigate any allegation of fraud in Parliament
  2. BCan strike down a private Act if it is shown that Parliament was misled during its passage
  3. CCan review Acts for compliance with private bill rules
  4. DWill not examine whether Parliament followed its internal procedures in passing an Act
6.Constitutional lawHard

In YL v Birmingham City Council (2007), the House of Lords held that a private care home housing residents funded by a council:

  1. AWas a core public authority
  2. BWas not exercising a function of a public nature under the Human Rights Act
  3. CWas a hybrid public authority bound by the Act for all the care it provided
  4. DCould not house publicly funded residents
7.Criminal lawMedium

D, being pursued by armed police, uses V as a human shield and fires at the officers. The police return fire and kill V. Following R v Pagett, D is:

  1. ANot liable, because the police officers' decision to fire was a free, deliberate and informed intervening act
  2. BNot liable, because V's death was not foreseeable to D
  3. CLiable, because the police acted reasonably in self-defence and did not break the chain of causation
  4. DLiable only if the police officers are also convicted
8.Criminal lawHard

In R v Walkington (1979), D went behind a shop counter and opened a till. This was burglary because:

  1. AThe till contained money at the time
  2. BD was carrying a weapon at the time
  3. CShops are treated as dwellings in law
  4. DEntering a part of a building as a trespasser is enough
9.EU lawMedium

In Commission v Ireland ("Buy Irish", 1982), a campaign promoting Irish products breached Article 34 because:

  1. AIt was run by private companies without state involvement
  2. BIt was a state-supported measure capable of influencing traders to prefer domestic goods
  3. CIt imposed a charge having equivalent effect to a customs duty on goods imported from other member states
  4. DIt set quotas on goods from other member states
10.EU lawHard

In Defrenne v Sabena (No 2), the Court held that the principle of equal pay for men and women (now Article 157 TFEU):

  1. AHas no direct effect
  2. BRequires a directive before it can be applied
  3. CApplies only to public employers
  4. DHas both vertical and horizontal direct effect

2Solutions

1.Contract law

Answer: C · Grant an injunction stopping her acting for the rival

Why this is the answer

Jurisdiction: law of England and Wales. Courts will not order specific performance of personal service contracts, but may enforce an express negative promise by injunction if this does not in practice force the person to perform.

Answer

C · Grant an injunction stopping her acting for the rival
2.Contract law

Answer: B · Only for the market rate difference during the overrun period

Why this is the answer

Jurisdiction: law of England and Wales. The majority held that the charterer had not assumed responsibility for the loss of an unusually profitable follow-on charter, given the general understanding in the shipping market.

Answer

B · Only for the market rate difference during the overrun period
3.Tort law

Answer: C · Not negligent, judged by the knowledge available at the time

Why this is the answer

Jurisdiction: law of England and Wales. Breach is judged by the state of knowledge at the time of the act, not with hindsight.

Answer

C · Not negligent, judged by the knowledge available at the time
4.Tort law

Answer: A · Vicariously liable, as the assault was closely connected to his job of serving customers

Why this is the answer

Jurisdiction: law of England and Wales. The Supreme Court held that the attendant's job was to deal with customers, and his conduct was an unbroken sequence connected to that role, so it was fair to hold the employer liable.

Answer

A · Vicariously liable, as the assault was closely connected to his job of serving customers
5.Constitutional law

Answer: D · Will not examine whether Parliament followed its internal procedures in passing an Act

Why this is the answer

Jurisdiction: law of England and Wales. Courts will not look behind an Act to check how it was passed, even if Parliament was allegedly misled. This respects parliamentary privilege and sovereignty.

Answer

D · Will not examine whether Parliament followed its internal procedures in passing an Act
6.Constitutional law

Answer: B · Was not exercising a function of a public nature under the Human Rights Act

Why this is the answer

Jurisdiction: law of England and Wales. The majority held that providing care under a commercial contract was not a public function. Parliament later provided that such providers act as public authorities in this context.

Answer

B · Was not exercising a function of a public nature under the Human Rights Act
7.Criminal law

Answer: C · Liable, because the police acted reasonably in self-defence and did not break the chain of causation

Why this is the answer

Jurisdiction: law of England and Wales. In Pagett the officers' reasonable act of self-defence was not a free, deliberate and informed act breaking the chain, so D caused V's death.

Answer

C · Liable, because the police acted reasonably in self-defence and did not break the chain of causation
8.Criminal law

Answer: D · Entering a part of a building as a trespasser is enough

Why this is the answer

Jurisdiction: law of England and Wales. The counter area was a part of the building from which the public was impliedly excluded, so entering it with intent to steal was burglary even though D could lawfully be in the shop.

Answer

D · Entering a part of a building as a trespasser is enough
9.EU law

Answer: B · It was a state-supported measure capable of influencing traders to prefer domestic goods

Why this is the answer

Jurisdiction: EU law. A government-sponsored campaign encouraging purchase of domestic products is a measure of the state capable of hindering imports, even if it is not legally binding.

Answer

B · It was a state-supported measure capable of influencing traders to prefer domestic goods
10.EU law

Answer: D · Has both vertical and horizontal direct effect

Why this is the answer

Jurisdiction: EU law. The equal pay provision was held directly effective, enforceable against private employers as well as the state, with limited temporal effect.

Answer

D · Has both vertical and horizontal direct effect

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