Introduction to Law: cram pack

Under the Law Reform (Frustrated Contracts) Act 1943, money paid before a frustrating event is generally:

1. ARecoverable, though the court may let the payee keep some for expenses
2. BLost, because the loss must lie where it falls once the contract is frustrated
3. CPaid into court for distribution
4. DPayable twice, as a penalty

A carrier, knowing a small company depends on its deliveries to supply a major customer, refuses to continue unless paid a higher minimum price. The company agrees as it has no alternative. In Atlas Express v Kafco:

1. AThe new agreement was binding as a free variation
2. BThe carrier committed a crime of extortion
3. CThe new agreement was binding, as the carrier's continued performance was a practical benefit
4. DThe new agreement was not binding, due to economic duress

The "but for" test is used to establish:

1. AThe standard of care
2. BRemoteness of damage
3. CFactual causation
4. DDuty of care

Under the EU Product Liability Directive, the "development risks" defence allows a producer to escape liability if:

1. AThe product was sold at a low price
2. BThe consumer did not read the instructions
3. CThe producer was not negligent in manufacturing
4. DThe state of scientific and technical knowledge when the product was circulated did not allow the defect to be discovered

A chief constable is dismissed without being told the charges or given a chance to respond. In Ridge v Baldwin, the House of Lords held:

1. AThe dismissal was valid, as it was an administrative decision
2. BThe dismissal was valid, because the police had no contract
3. CThe dismissal was void for breach of natural justice
4. DOnly Parliament could review the decision

After a court makes a declaration of incompatibility, section 10 of the UK Human Rights Act 1998 allows a minister to:

1. ARefer the case directly to Strasbourg
2. BSuspend the Convention right in question
3. CAmend the incompatible legislation by a remedial order
4. DOverrule the court's declaration

D is present when a crime is committed but does nothing to help or encourage it. Following R v Clarkson, D is:

1. AThe principal, because D witnessed the whole crime
2. BNot an accessory, because mere presence without intent to encourage is not enough
3. CAn accessory, because D could have called the police
4. DAn accessory, because voluntary presence at the scene always amounts to encouragement

In Tesco Supermarkets v Nattrass (1972), Tesco avoided liability because:

1. AThe store manager was not part of the company's "directing mind and will"
2. BThe customer had not paid for the goods
3. CCompanies can never commit offences that require proof of any mental element
4. DThe offence was a strict liability offence

The European Parliament can force the whole Commission to resign through:

1. AA motion of censure passed by a two-thirds majority of votes cast, representing a majority of MEPs
2. BA simple majority vote of the Council
3. CA judgment of the Court of Justice
4. DA unanimous decision of the European Council

In R v Bouchereau (1977), the Court held that a member state may expel an EU national on public policy grounds only if their conduct represents:

1. AA breach of the host state's immigration rules
2. BA burden on the host state's social assistance system or a risk that the person will become unemployed in future
3. CAny criminal conviction in the host state
4. DA genuine and sufficiently serious threat affecting one of the fundamental interests of society