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

A seller says the farms are "fully let" but does not mention that the tenants have given notice to leave. This is:

  1. AA mere puff with no legal effect
  2. BA misrepresentation by half-truth
  3. CMere silence, which is never actionable
  4. DA statement of opinion only
2.Contract lawHard

In English law, a presumption of undue influence typically arises when:

  1. AAny contract is made between members of a family
  2. BAny customer signs a contract with a bank
  3. CThere is a relationship of trust and confidence and a transaction that calls for explanation
  4. DThe price agreed is substantially lower than the market price, whatever the relationship of the parties
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:

  1. A10%
  2. B50%
  3. C25%
  4. D75%
4.Tort lawHard

An internal auditor with a grudge against his employer leaks staff payroll data online. In WM Morrison Supermarkets v Various Claimants (2020), the Supreme Court held the employer:

  1. AVicariously liable, as data breaches are strict liability
  2. BVicariously liable, as he had access to the data through his job
  3. CNot vicariously liable, as he was pursuing a personal vendetta
  4. DLiable only to staff whose data was used for fraud
5.Constitutional lawMedium

To bring a claim for judicial review in England and Wales, the claimant must have:

  1. AA sufficient interest in the matter
  2. BSuffered financial loss
  3. CA contract with the public body
  4. DPermission from the minister
6.Constitutional lawHard

In the Harmonisatiewet judgment (1989), the Dutch Supreme Court held that Article 120 of the Constitution:

  1. AApplies only to delegated legislation
  2. BWas overridden by the principle of legal certainty
  3. CPrevents courts from reviewing Acts of Parliament against fundamental principles of law
  4. DAllows courts to strike down Acts that breach fundamental principles such as legal certainty
7.Criminal lawMedium

D drives a car she believes is her own, but which is actually V's identical car. She is not guilty of theft because:

  1. ACars cannot be stolen under the Theft Act
  2. BShe is not dishonest and lacks intent to deprive another
  3. CThe car was insured by V
  4. DShe returned it the next morning
8.Criminal lawHard

Gross negligence manslaughter in English law (R v Adomako) requires:

  1. AIntention to kill
  2. BA duty of care, breach causing death, and negligence so bad that it should be criminal
  3. CAn unlawful and dangerous act causing death, judged objectively by sober and reasonable people
  4. DSubjective recklessness about death
9.EU lawMedium

The principle of subsidiarity means the EU should act in areas outside its exclusive competence only if:

  1. AThe European Parliament and the Council agree that EU action would be quicker and cheaper than national action
  2. BThe objectives cannot be sufficiently achieved by member states and can be better achieved at EU level
  3. CEvery member state requests it
  4. DThe Commission considers it popular
10.EU lawHard

In Aranyosi and Căldăraru (2016), the Court held that a judicial authority executing a European Arrest Warrant:

  1. AMust ask the European Court of Human Rights for permission
  2. BCan refuse any warrant from a state it distrusts in general
  3. CMay postpone surrender if there is a real risk of inhuman or degrading detention conditions for that person
  4. DMust always surrender the person, whatever the prison conditions

2Solutions

1.Contract law

Answer: B · A misrepresentation by half-truth

Why this is the answer

Jurisdiction: law of England and Wales. A statement that is literally true but misleading because of what it leaves out can be a misrepresentation.

Answer

B · A misrepresentation by half-truth
2.Contract law

Answer: C · There is a relationship of trust and confidence and a transaction that calls for explanation

Why this is the answer

Jurisdiction: law of England and Wales. The claimant proves trust and confidence (automatic for some relationships, such as solicitor and client) and a transaction not readily explained by the relationship. The burden then shifts to the other party.

Answer

C · There is a relationship of trust and confidence and a transaction that calls for explanation
3.Tort law

Answer: C · 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.

Answer

C · 25%
4.Tort law

Answer: C · Not vicariously liable, as he was pursuing a personal vendetta

Why this is the answer

Jurisdiction: law of England and Wales. Giving the employee the opportunity to commit the wrong was not enough. He was not engaged in furthering the employer's business but pursuing a personal aim, so the close connection test was not met.

Answer

C · Not vicariously liable, as he was pursuing a personal vendetta
5.Constitutional law

Answer: A · A sufficient interest in the matter

Why this is the answer

Jurisdiction: law of England and Wales. The standing test is a sufficient interest. Courts have interpreted it generously, often allowing pressure groups to bring public interest claims.

Answer

A · A sufficient interest in the matter
6.Constitutional law

Answer: C · Prevents courts from reviewing Acts of Parliament against fundamental principles of law

Why this is the answer

Jurisdiction: Dutch law. The court found the Act conflicted with legal certainty but held that Article 120 barred it from testing statutes against unwritten principles as well as against the Constitution.

Answer

C · Prevents courts from reviewing Acts of Parliament against fundamental principles of law
7.Criminal law

Answer: B · She is not dishonest and lacks intent to deprive another

Why this is the answer

Jurisdiction: law of England and Wales. A mistaken belief that the property is one's own negates dishonesty (s2(1)(a)) and intent to deprive "another", so there is no theft.

Answer

B · She is not dishonest and lacks intent to deprive another
8.Criminal law

Answer: B · A duty of care, breach causing death, and negligence so bad that it should be criminal

Why this is the answer

Jurisdiction: law of England and Wales. The jury must find a duty, a breach causing death and that the breach was so gross as to deserve criminal sanction; a serious and obvious risk of death must have been foreseeable.

Answer

B · A duty of care, breach causing death, and negligence so bad that it should be criminal
9.EU law

Answer: B · The objectives cannot be sufficiently achieved by member states and can be better achieved at EU level

Why this is the answer

Jurisdiction: EU law. Subsidiarity keeps decisions as close as possible to citizens; national parliaments can object through the "yellow card" procedure.

Answer

B · The objectives cannot be sufficiently achieved by member states and can be better achieved at EU level
10.EU law

Answer: C · May postpone surrender if there is a real risk of inhuman or degrading detention conditions for that person

Why this is the answer

Jurisdiction: EU law. The executing court must assess, on specific and updated information, whether the individual faces a real risk of ill-treatment and may postpone surrender while that risk remains.

Answer

C · May postpone surrender if there is a real risk of inhuman or degrading detention conditions for that person

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