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 acceptance is sent by telex and arrives in the offeror's office during working hours. Under Entores v Miles Far East, acceptance takes effect:

  1. AWhen it is confirmed by post
  2. BWhen the offeror reads it a week later
  3. CWhen it is sent by the offeree
  4. DWhen it is received by the offeror
2.Contract lawHard

An innocent party who terminates a contract for repudiatory breach must generally:

  1. APay a penalty to the party in breach
  2. BClearly communicate the decision to accept the repudiation
  3. CContinue performing until the contract ends naturally on its agreed date
  4. DWait for a court order before stopping performance
3.Tort lawMedium

Two 15-year-old girls fence with plastic rulers and one is injured in the eye. Under Mullin v Richards, the defendant's conduct is judged by the standard of:

  1. AA reasonable 15-year-old
  2. BThe defendant's own understanding
  3. CA reasonable teacher
  4. DA reasonable adult
4.Tort lawHard

In Hedley Byrne v Heller, liability for negligent misstatement arose because:

  1. AThe statement caused physical injury
  2. BThe defendant intended to deceive
  3. CThere was a contract between the parties under which the bank was paid a fee for the reference it gave
  4. DThere was a special relationship in which the claimant reasonably relied on advice given with skill
5.Constitutional lawMedium

A bicameral legislature has:

  1. AOne chamber
  2. BTwo chambers
  3. CThree chambers
  4. DNo elected members
6.Constitutional lawHard

Walter Bagehot described the "efficient secret" of the English constitution as:

  1. AThe close union of the executive and legislative powers
  2. BThe strict separation of all three powers
  3. CThe independence of the House of Lords
  4. DThe monarch's power to veto legislation
7.Criminal lawMedium

D, being pursued by armed police, uses V as a human shield and fires at the officers. The police return fire and kill V. Following R v Pagett, D is:

  1. ANot liable, because V's death was not foreseeable to D
  2. BNot liable, because the police officers' decision to fire was a free, deliberate and informed intervening act
  3. CLiable, because the police acted reasonably in self-defence and did not break the chain of causation
  4. DLiable only if the police officers are also convicted
8.Criminal lawHard

In R v Windle (1952), the court interpreted "wrong" in the M'Naghten Rules to mean:

  1. AMorally wrong by society's standards
  2. BLegally wrong
  3. CWrong in the eyes of a doctor
  4. DWrong according to the defendant's own beliefs
9.EU lawMedium

Costa v ENEL (1964) established:

  1. AState liability for breaches of EU law
  2. BThe supremacy (primacy) of EU law over national law
  3. CThe principle of subsidiarity
  4. DThe direct effect of regulations
10.EU lawHard

In Mangold (2005) and Kücükdeveci (2010), the Court allowed an individual to rely on EU law against a private employer because:

  1. AThe directive on equal treatment in employment had horizontal direct effect in itself after the transposition deadline
  2. BThe national law had been annulled by the Commission
  3. CThe employer was an emanation of the state
  4. DThe prohibition of age discrimination is a general principle of EU law, given expression in a directive

2Solutions

1.Contract law

Answer: D · When it is received by the offeror

Why this is the answer

Jurisdiction: law of England and Wales. For instantaneous communications, acceptance is effective when received by the offeror. The Brimnes added that a message received in office hours is effective then, even if not read.

Answer

D · When it is received by the offeror
2.Contract law

Answer: B · Clearly communicate the decision to accept the repudiation

Why this is the answer

Jurisdiction: law of England and Wales. The innocent party may either affirm the contract or accept the repudiation and terminate; termination must be communicated clearly and unequivocally.

Answer

B · Clearly communicate the decision to accept the repudiation
3.Tort law

Answer: A · A reasonable 15-year-old

Why this is the answer

Jurisdiction: law of England and Wales. For children, the standard is that of a reasonable child of the same age. The game was common and the injury not foreseeable to a girl of that age, so she was not negligent.

Answer

A · A reasonable 15-year-old
4.Tort law

Answer: D · There was a special relationship in which the claimant reasonably relied on advice given with skill

Why this is the answer

Jurisdiction: law of England and Wales. The House of Lords recognised a duty for statements where there is an assumption of responsibility and reasonable reliance, although the bank's disclaimer protected it there.

Answer

D · There was a special relationship in which the claimant reasonably relied on advice given with skill
5.Constitutional law

Answer: B · Two chambers

Why this is the answer

Jurisdiction: general principle, found in most legal systems. Examples include the Dutch Tweede and Eerste Kamer, the UK Commons and Lords and the US House and Senate.

Answer

B · Two chambers
6.Constitutional law

Answer: A · The close union of the executive and legislative powers

Why this is the answer

Jurisdiction: law of England and Wales. Bagehot argued that the Cabinet, drawn from and dependent on Parliament, fused executive and legislature. This contrasts with the US-style separation of powers.

Answer

A · The close union of the executive and legislative powers
7.Criminal law

Answer: C · Liable, because the police acted reasonably in self-defence and did not break the chain of causation

Why this is the answer

Jurisdiction: law of England and Wales. In Pagett the officers' reasonable act of self-defence was not a free, deliberate and informed act breaking the chain, so D caused V's death.

Answer

C · Liable, because the police acted reasonably in self-defence and did not break the chain of causation
8.Criminal law

Answer: B · Legally wrong

Why this is the answer

Jurisdiction: law of England and Wales. A defendant who knows the act is against the law cannot rely on insanity, even if they believe it to be morally right; R v Johnson (2007) confirmed this.

Answer

B · Legally wrong
9.EU law

Answer: B · The supremacy (primacy) of EU law over national law

Why this is the answer

Jurisdiction: EU law. The Court held that member states had limited their sovereign rights and that national law, even later law, cannot override EU law.

Answer

B · The supremacy (primacy) of EU law over national law
10.EU law

Answer: D · The prohibition of age discrimination is a general principle of EU law, given expression in a directive

Why this is the answer

Jurisdiction: EU law. The Court relied on the general principle of non-discrimination on grounds of age, given specific expression in Directive 2000/78, requiring national courts to disapply conflicting national law.

Answer

D · The prohibition of age discrimination is a general principle of EU law, given expression in a directive

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