Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.
Sailors are promised extra wages for sailing a ship home after two crew members desert, but they do no more than their contract already required. In Stilk v Myrick the promise was:
A seller mistakenly offers hare skins at a price per pound instead of per piece. The buyer knew that prices were always quoted per piece. In Hartog v Colin and Shields:
A solicitor negligently delays preparing a new will, and the client dies before signing. The intended beneficiaries lose their gifts. In White v Jones, the solicitor:
After a workplace injury weakens his leg, a man walks down steep stairs with no handrail while carrying a child, his leg gives way, and he jumps and breaks his ankle. In McKew v Holland and Hannen and Cubitts:
Under Article 94 of the Dutch Constitution, Dutch courts:
The Venice Commission is:
D swaps price labels on two items in a supermarket, intending to pay the lower price. Following R v Morris, the appropriation took place when D:
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:
In Lawrie-Blum (1986), the Court defined a "worker" under Article 45 TFEU as a person who:
In Inuit Tapiriit Kanatami (2013), the Court interpreted "regulatory act" in Article 263(4) TFEU to mean:
Answer: A · Unenforceable for lack of consideration
Jurisdiction: law of England and Wales. Performing an existing contractual duty owed to the promisor was not consideration. In Hartley v Ponsonby the crew went beyond their duty because the voyage became dangerous, so extra pay was enforceable.
Answer: D · There was no contract, as the buyer knew of the mistake
Jurisdiction: law of England and Wales. Where one party knows that the other is mistaken about the terms of the offer, they cannot "snap up" the offer, and no contract is formed.
Answer: B · Was liable to the disappointed beneficiaries
Jurisdiction: law of England and Wales. The House of Lords extended the Hedley Byrne principle of assumption of responsibility to protect intended beneficiaries who had no other remedy.
Answer: D · His unreasonable conduct broke the chain of causation
Jurisdiction: law of England and Wales. The claimant's own unreasonable conduct can be a new intervening act. Knowing his leg was weak, he acted unreasonably, so the employer was not liable for the second injury.
Answer: B · Do not apply statutes that conflict with treaty provisions binding on everyone
Jurisdiction: Dutch law. Although courts may not review statutes against the Constitution, they can disapply them where they conflict with self-executing treaty provisions, such as many ECHR rights.
Answer: A · The Council of Europe's advisory body on constitutional law
Jurisdiction: international law. The Venice Commission advises states on constitutional matters, the rule of law and elections; its opinions are influential but not binding.
Answer: C · Switched the labels, assuming one of the owner's rights
Jurisdiction: law of England and Wales. Morris held that assuming any one of the owner's rights, such as labelling goods, is an appropriation, even before leaving the shop.
Answer: C · Necessity (noodtoestand) as a form of overmacht under Article 40 Sr
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: D · Performs services for and under the direction of another in return for remuneration
Jurisdiction: EU law. The essential feature of an employment relationship is that a person performs services for a period under the direction of another in return for remuneration; trainee teachers qualified.
Answer: D · An act of general application other than a legislative act
Jurisdiction: EU law. Legislative acts adopted under a legislative procedure are not regulatory acts, so the applicants needed individual concern and failed.
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