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 offer says acceptance must be made "by notice in writing to us". The offeree posts an acceptance, which is lost. Under Holwell Securities v Hughes:

  1. AThere is no contract, because actual notice was required
  2. BA contract was formed when the offeree decided to accept
  3. CA contract was formed when the letter was posted
  4. DThe contract is void for common mistake
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

Auditors negligently certify a company's accounts. An investor relies on them to buy more shares and suffers loss. In Caparo v Dickman, the auditors:

  1. AOwed a duty to anyone relying on the accounts
  2. BOwed no duty to the investor for this purpose
  3. COwed a duty because the investor was a shareholder
  4. DWere strictly liable for errors in the accounts
4.Tort lawHard

A man's leg is injured by a negligent driver. Later, robbers shoot the same leg and it is amputated. In Baker v Willoughby, the driver:

  1. ARemained liable for the original disability after the shooting
  2. BWas liable for the amputation too
  3. CWas liable only until the shooting
  4. DWas released completely from liability by the robbers' later shooting
5.Constitutional lawMedium

Which ground of judicial review applies when a decision-maker ignores a relevant consideration?

  1. AIllegality
  2. BLegitimate expectation only
  3. CNone, because courts never review considerations
  4. DProcedural impropriety only
6.Constitutional lawHard

In the Dutch system, the Council of State (Raad van State) mainly:

  1. AAdvises on legislation and acts as the highest administrative court in many areas
  2. BHears criminal appeals
  3. CAppoints the prime minister and supervises the formation of a new coalition government
  4. DElects the members of parliament
7.Criminal lawMedium

D puts poison in V's drink intending to kill her, but V dies of an unrelated heart attack before the poison works. D is guilty of:

  1. ANo offence at all
  2. BAttempted murder
  3. CManslaughter
  4. DMurder
8.Criminal lawHard

In Airedale NHS Trust v Bland (1993), the House of Lords held that withdrawing life-sustaining treatment from a patient in a persistent vegetative state:

  1. AWas an omission that was lawful because continued treatment was no longer in the patient's best interests
  2. BWas lawful only because the patient's family had given consent, which is required for any such withdrawal
  3. CWas lawful because the patient had made an advance decision
  4. DWas a positive act of killing, amounting to murder
9.EU lawMedium

In Ratti (1979), the Court held that an individual could NOT rely on a directive against the state:

  1. ABefore the transposition deadline had expired
  2. BIf the directive was clear and unconditional
  3. CIf the member state had failed to transpose it
  4. DAfter the transposition deadline had expired
10.EU lawHard

The CILFIT criteria describe when a court of last instance does NOT have to make a preliminary reference, for example when:

  1. AThe parties prefer not to refer
  2. BThe question is politically sensitive and the government has formally asked the court not to refer it
  3. CThe case is urgent for the government
  4. DThe correct interpretation is so obvious as to leave no scope for reasonable doubt (acte clair)

2Solutions

1.Contract law

Answer: A · There is no contract, because actual notice was required

Why this is the answer

Jurisdiction: law of England and Wales. The postal rule can be excluded by the offer's terms. Requiring "notice to" the offeror means the acceptance must actually reach them.

Answer

A · There is no contract, because actual notice was required
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: B · Owed no duty to the investor for this purpose

Why this is the answer

Jurisdiction: law of England and Wales. The accounts were prepared so shareholders could exercise control over the company as a body, not to guide individual investment decisions. There was not enough proximity.

Answer

B · Owed no duty to the investor for this purpose
4.Tort law

Answer: A · Remained liable for the original disability after the shooting

Why this is the answer

Jurisdiction: law of England and Wales. The second tort did not wipe out the first defendant's liability for the continuing effects of the first injury. In Jobling, a later natural disease was treated as one of life's vicissitudes and reduced damages.

Answer

A · Remained liable for the original disability after the shooting
5.Constitutional law

Answer: A · Illegality

Why this is the answer

Jurisdiction: law of England and Wales. Lord Diplock's grounds are illegality, irrationality and procedural impropriety. Taking irrelevant considerations into account, or ignoring relevant ones, is a form of illegality.

Answer

A · Illegality
6.Constitutional law

Answer: A · Advises on legislation and acts as the highest administrative court in many areas

Why this is the answer

Jurisdiction: Dutch law. The Raad van State gives advice on bills and its Administrative Jurisdiction Division is the highest general administrative court.

Answer

A · Advises on legislation and acts as the highest administrative court in many areas
7.Criminal law

Answer: B · Attempted murder

Why this is the answer

Jurisdiction: law of England and Wales. The poison was not a factual cause of death, so there is no murder, but D's intent and acts more than merely preparatory make D guilty of attempted murder.

Answer

B · Attempted murder
8.Criminal law

Answer: A · Was an omission that was lawful because continued treatment was no longer in the patient's best interests

Why this is the answer

Jurisdiction: law of England and Wales. Withdrawal was an omission, and doctors had no duty to continue treatment that was not in the patient's best interests, so no offence was committed.

Answer

A · Was an omission that was lawful because continued treatment was no longer in the patient's best interests
9.EU law

Answer: A · Before the transposition deadline had expired

Why this is the answer

Jurisdiction: EU law. A directive can only have direct effect once its implementation period has ended; Ratti could rely on the directive whose deadline had passed but not the other.

Answer

A · Before the transposition deadline had expired
10.EU law

Answer: D · The correct interpretation is so obvious as to leave no scope for reasonable doubt (acte clair)

Why this is the answer

Jurisdiction: EU law. Courts of last instance need not refer if the question is irrelevant, already answered (acte éclairé), or the answer is clear beyond reasonable doubt (acte clair), refined in Consorzio Italian Management.

Answer

D · The correct interpretation is so obvious as to leave no scope for reasonable doubt (acte clair)

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