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:
- AWhen it is confirmed by post
- BWhen the offeror reads it a week later
- CWhen it is sent by the offeree
- DWhen it is received by the offeror
2.Contract lawHard
An innocent party who terminates a contract for repudiatory breach must generally:
- APay a penalty to the party in breach
- BClearly communicate the decision to accept the repudiation
- CContinue performing until the contract ends naturally on its agreed date
- 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:
- AA reasonable 15-year-old
- BThe defendant's own understanding
- CA reasonable teacher
- DA reasonable adult
4.Tort lawHard
In Hedley Byrne v Heller, liability for negligent misstatement arose because:
- AThe statement caused physical injury
- BThe defendant intended to deceive
- CThere was a contract between the parties under which the bank was paid a fee for the reference it gave
- DThere was a special relationship in which the claimant reasonably relied on advice given with skill
5.Constitutional lawMedium
A bicameral legislature has:
- AOne chamber
- BTwo chambers
- CThree chambers
- DNo elected members
6.Constitutional lawHard
Walter Bagehot described the "efficient secret" of the English constitution as:
- AThe close union of the executive and legislative powers
- BThe strict separation of all three powers
- CThe independence of the House of Lords
- 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:
- ANot liable, because V's death was not foreseeable to D
- BNot liable, because the police officers' decision to fire was a free, deliberate and informed intervening act
- CLiable, because the police acted reasonably in self-defence and did not break the chain of causation
- 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:
- AMorally wrong by society's standards
- BLegally wrong
- CWrong in the eyes of a doctor
- DWrong according to the defendant's own beliefs
9.EU lawMedium
Costa v ENEL (1964) established:
- AState liability for breaches of EU law
- BThe supremacy (primacy) of EU law over national law
- CThe principle of subsidiarity
- 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:
- AThe directive on equal treatment in employment had horizontal direct effect in itself after the transposition deadline
- BThe national law had been annulled by the Commission
- CThe employer was an emanation of the state
- 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
D · The prohibition of age discrimination is a general principle of EU law, given expression in a directive