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 actor withdraws from a TV film and the company cannot prove what profit the film would have made. It may claim:

  1. AIts wasted expenditure, including costs incurred before the contract
  2. BOnly nominal damages of a small sum
  3. CPunitive damages to deter the actor
  4. DIts estimated profits from the film, even if they are purely speculative
2.Contract lawHard

A husband who has left his wife signs a note promising to transfer the house to her if she pays off the mortgage. She does. In Merritt v Merritt, the promise was:

  1. AEnforceable, because separated spouses are presumed to intend legal relations
  2. BUnenforceable, because she gave no consideration
  3. CUnenforceable, because it was a domestic arrangement between husband and wife
  4. DEnforceable only because it was made by deed
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. BWere strictly liable for errors in the accounts
  3. COwed no duty to the investor for this purpose
  4. DOwed a duty because the investor was a shareholder
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:

  1. AFailed, because of illegality
  2. BSucceeded, with damages reduced for contributory negligence
  3. CFailed, because he voluntarily accepted the risk
  4. DSucceeded, because volenti never applies to passengers
5.Constitutional lawMedium

In Bellinger v Bellinger, the House of Lords could not read the marriage law to recognise a trans woman's marriage to a man, so it:

  1. ARead the statute compatibly under section 3
  2. BReferred the case to Strasbourg
  3. CStruck down the relevant provision
  4. DMade a declaration of incompatibility
6.Constitutional lawHard

Dicey argued that in England individual liberties were mainly protected by:

  1. AThe ordinary courts applying the common law
  2. BA written bill of rights with higher status
  3. CA specialised constitutional court
  4. DThe personal decisions of the monarch
7.Criminal lawMedium

Duress as a defence is generally NOT available in English law to a charge of:

  1. ACriminal damage
  2. BDrug possession
  3. CMurder
  4. DTheft
8.Criminal lawHard

In R v Roberts (1971), a woman jumped from a moving car to escape a sexual assault and was injured. The court held the defendant liable unless her reaction was:

  1. ACaused by her own panic and fear
  2. BSo "daft" or unexpected that no reasonable person could have foreseen it
  3. CTaken without first asking the defendant to stop the car and let her out
  4. DMore dangerous than staying in the car
9.EU lawMedium

The "public service" exception in Article 45(4) TFEU covers:

  1. AAny job paid for by public funds
  2. BAll jobs in the public sector, including those of nurses, teachers and railway workers employed by the state
  3. CJobs in companies that have government contracts
  4. DPosts involving the exercise of public power and safeguarding the general interests of the state
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 question is politically sensitive and the government has formally asked the court not to refer it
  2. BThe parties prefer not to refer
  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 · Its wasted expenditure, including costs incurred before the contract

Why this is the answer

Jurisdiction: law of England and Wales. Where expectation loss is too uncertain, the claimant may claim reliance loss instead. In Anglia TV, pre-contract expenses were recoverable as they were in the parties' contemplation as likely to be wasted.

Answer

A · Its wasted expenditure, including costs incurred before the contract
2.Contract law

Answer: A · Enforceable, because separated spouses are presumed to intend legal relations

Why this is the answer

Jurisdiction: law of England and Wales. When spouses have separated, or are about to, the presumption against legal intention does not apply. Paying off the mortgage was also good consideration.

Answer

A · Enforceable, because separated spouses are presumed to intend legal relations
3.Tort law

Answer: C · 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

C · Owed no duty to the investor for this purpose
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.

Answer

C · Failed, because he voluntarily accepted the risk
5.Constitutional law

Answer: D · Made a declaration of incompatibility

Why this is the answer

Jurisdiction: law of England and Wales. The issue raised wide social questions best left to Parliament, so a compatible reading was not appropriate. Parliament responded with the 2004 Act.

Answer

D · Made a declaration of incompatibility
6.Constitutional law

Answer: A · The ordinary courts applying the common law

Why this is the answer

Jurisdiction: law of England and Wales. Dicey saw the constitution as the result of ordinary law, with rights arising from judicial decisions in individual cases, rather than from a written constitutional guarantee.

Answer

A · The ordinary courts applying the common law
7.Criminal law

Answer: C · Murder

Why this is the answer

Jurisdiction: law of England and Wales. Duress is not a defence to murder or attempted murder in English law, because the law will not excuse taking an innocent life to save one's own.

Answer

C · Murder
8.Criminal law

Answer: B · So "daft" or unexpected that no reasonable person could have foreseen it

Why this is the answer

Jurisdiction: law of England and Wales. A victim's reaction does not break the chain if it was within the range of responses reasonably foreseeable; only a daft reaction would.

Answer

B · So "daft" or unexpected that no reasonable person could have foreseen it
9.EU law

Answer: D · Posts involving the exercise of public power and safeguarding the general interests of the state

Why this is the answer

Jurisdiction: EU law. The exception covers only posts that involve exercising powers conferred by public law, such as in the police or judiciary, not public sector employment in general.

Answer

D · Posts involving the exercise of public power and safeguarding the general interests of the state
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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