1Practice problems
1.Contract lawMedium
A builder makes a swimming pool shallower than agreed. It is still safe and no less valuable, and rebuilding would cost far more than any benefit. In Ruxley Electronics v Forsyth the owner received:
- AA modest sum for loss of amenity
- BA full refund of the contract price
- CNothing, as there was no loss in value
- DThe full cost of rebuilding the pool
2.Contract lawHard
In Carlill v Carbolic Smoke Ball Co, the court held that the advertisement was:
- AA contract only with the newspaper
- BA unilateral offer that could be accepted by performing the conditions
- CAn invitation to treat
- DA mere advertising puff with no legal effect, since no one could take it seriously
3.Tort lawMedium
Under Froom v Butcher, if wearing a seatbelt would have prevented a car passenger's injuries entirely, damages are usually reduced by:
- A10%
- B25%
- C75%
- D50%
4.Tort lawHard
After drinking together for hours, a man agrees to fly with an obviously very drunk pilot, and the plane crashes. In Morris v Murray, the passenger's claim:
- ASucceeded, with damages reduced for contributory negligence
- BSucceeded, because volenti never applies to passengers
- CFailed, because he voluntarily accepted the risk
- DFailed, because of illegality
5.Constitutional lawMedium
Ellen Street Estates v Minister of Health is cited for the principle that:
- ACourts may refuse to apply a later Act
- BParliament can entrench an Act against later repeal by stating expressly that it may not be amended in future
- CParliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
- DEarlier Acts always prevail over later Acts
6.Constitutional lawHard
In Miller II (2019), the UK Supreme Court found the prorogation of Parliament unlawful because:
- AIt was decided by a referendum
- BThe Queen refused to approve it
- CIt frustrated Parliament's constitutional functions without reasonable justification
- DIt violated Article 3 of Protocol 1 ECHR by interfering with the right to free elections
7.Criminal lawMedium
D takes V's bag and is seen; a few seconds later D ties V up to escape. Following R v Hale, D is guilty of robbery because:
- AThe bag was later recovered by the police
- BTying up a victim is robbery even without theft
- CAny force used on the victim within an hour of the theft automatically turns it into robbery
- DAppropriation is a continuing act, so the force was used at the time of the theft
8.Criminal lawHard
In R v Malcherek and Steel (1981), doctors switched off life-support machines after diagnosing brain death. The court held:
- AThe doctors became the legal cause of death by deliberately switching off the machines
- BThe victims died of natural causes in law
- CSwitching off did not break the chain; the original assailants caused the deaths
- DThe defendants were guilty only of attempted murder
9.EU lawMedium
Internationale Handelsgesellschaft (1970) held that the validity of a Community measure:
- ARequires approval by a national referendum
- BCannot be affected by claims that it breaches national constitutional rights
- CDepends on its compatibility with the fundamental rights in each national constitution
- DCan be reviewed by any national court that doubts it
10.EU lawHard
In Centros (1999), a Danish couple registered a company in the UK to avoid Danish minimum capital rules and sought to open a branch in Denmark. The Court held:
- ARefusing to register the branch breached the freedom of establishment
- BThe UK was required to dissolve the company
- CCompanies have no right of establishment under EU law
- DDenmark could refuse because the company was set up to avoid Danish law
2Solutions
1.Contract law
Answer: A · A modest sum for loss of amenity
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords refused the cost of reinstatement as out of all proportion to the benefit, but upheld a modest award for loss of amenity, because the owner did not get what he contracted for.
A · A modest sum for loss of amenity
2.Contract law
Answer: B · 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.
B · A unilateral offer that could be accepted by performing the conditions
3.Tort law
Answer: B · 25%
Why this is the answer
Jurisdiction: law of England and Wales. The guideline is 25% where a seatbelt would have prevented the injury and 15% where it would have reduced its severity, under the Law Reform (Contributory Negligence) Act 1945.
4.Tort law
Answer: C · Failed, because he voluntarily accepted the risk
Why this is the answer
Jurisdiction: law of England and Wales. The Court of Appeal held that, by knowingly flying with a pilot who was clearly very drunk, the passenger had accepted the risk of injury, so the defence of volenti applied.
C · Failed, because he voluntarily accepted the risk
5.Constitutional law
Answer: C · Parliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
Why this is the answer
Jurisdiction: law of England and Wales. Under orthodox sovereignty, each Parliament is supreme and cannot limit future Parliaments by ordinary statute. If two Acts conflict, the later one prevails.
C · Parliament cannot bind its successors, and a later Act impliedly repeals an inconsistent earlier one
6.Constitutional law
Answer: C · It frustrated Parliament's constitutional functions without reasonable justification
Why this is the answer
Jurisdiction: law of England and Wales. The Court held the prorogation was justiciable and unlawful as it prevented Parliament from carrying out its functions without reasonable justification, so it was void.
C · It frustrated Parliament's constitutional functions without reasonable justification
7.Criminal law
Answer: D · Appropriation is a continuing act, so the force was used at the time of the theft
Why this is the answer
Jurisdiction: law of England and Wales. Hale held that appropriation can continue while the thief is still in the act of making off, so force used then is "at the time of" stealing.
D · Appropriation is a continuing act, so the force was used at the time of the theft
8.Criminal law
Answer: C · Switching off did not break the chain; the original assailants caused the deaths
Why this is the answer
Jurisdiction: law of England and Wales. Where treatment is given in good faith and the original wound remains an operating cause, the defendant remains the legal cause of death.
C · Switching off did not break the chain; the original assailants caused the deaths
9.EU law
Answer: B · Cannot be affected by claims that it breaches national constitutional rights
Why this is the answer
Jurisdiction: EU law. The Court held that EU law prevails even over national constitutional rights, but that respect for fundamental rights forms part of the general principles of EU law that it protects.
B · Cannot be affected by claims that it breaches national constitutional rights
10.EU law
Answer: A · Refusing to register the branch breached the freedom of establishment
Why this is the answer
Jurisdiction: EU law. Exercising the freedom to incorporate where rules are least restrictive is not abuse; Denmark's refusal was a restriction that could not be justified on the facts.
A · Refusing to register the branch breached the freedom of establishment