1Practice problems
1.Contract lawMedium
In Hadley v Baxendale, damages are recoverable for losses that:
- AWere caused by a third party
- BWere caused in any factual sense by the breach, however unusual and unforeseeable they were
- CArise naturally from the breach or were in the reasonable contemplation of both parties
- DThe claimant suffered only after the trial
2.Contract lawHard
An employer pays large severance sums to two directors, later discovering it could have dismissed them for nothing because of their earlier misconduct. In Bell v Lever Bros, the agreements were:
- AUnenforceable because severance needs a deed
- BValid, because the mistake about quality was not fundamental enough
- CVoidable for the directors' misrepresentation by failing to disclose their misconduct
- DVoid for common mistake about the contracts
3.Tort lawMedium
Strict liability means a defendant can be liable:
- AOnly if they broke a contract
- BWithout proof of fault
- COnly if they acted intentionally
- DOnly for criminal acts
4.Tort lawHard
Fumes from a copper smelting works damage trees and shrubs on a nearby estate in an industrial area. In St Helen's Smelting v Tipping, the House of Lords held:
- AThere was no nuisance, because the character of the industrial area excused the fumes and the damage
- BThere was a nuisance only if the fumes were noisy
- CThe character of the locality was irrelevant, because there was physical damage to property
- DThe claimant came to the nuisance, so lost
5.Constitutional lawMedium
In Thoburn v Sunderland City Council (the "metric martyrs" case), Laws LJ said that "constitutional statutes":
- APrevail automatically over all later Acts of Parliament
- BCannot be repealed at all
- CCannot be impliedly repealed, only expressly
- DMust be approved by referendum
6.Constitutional lawHard
In Germany, an individual who claims a public authority has violated their basic rights may, after exhausting other remedies, bring:
- AA case to the European Court of Justice
- BA petition directly to the Bundestag's President
- CA constitutional complaint to the Federal Constitutional Court
- DA request to the Federal President to veto
7.Criminal lawMedium
For malicious wounding or inflicting GBH under section 20 OAPA, the defendant must at least have foreseen:
- ANothing, because it is strict liability
- BThat serious harm would certainly result
- CThat the victim would die
- DThat some physical harm might result
8.Criminal lawHard
In R v Evans (2009), D supplied heroin to her half-sister, who overdosed. D failed to seek help. The Court of Appeal held:
- AD was liable because family members always owe each other a duty to seek medical help
- BD was guilty of murder, because she supplied the drug
- CA duty arose because D had contributed to a life-threatening situation she knew of
- DNo duty arose, because sisters owe each other no duties
9.EU lawMedium
Under the Lisbon voting rules, a blocking minority in the Council must include at least:
- AFour member states
- BTwo member states
- CTen member states
- DHalf of the member states
10.EU lawHard
In Åkerberg Fransson (2013), a Swedish fisherman faced tax penalties and criminal proceedings for VAT fraud. The Court held that the Charter applied because:
- AThe Charter applies to every action of a member state, whether or not it involves EU law in any way
- BThe fisherman was an EU institution employee
- CSweden had incorporated the Charter into its constitution
- DThe national measures fell within the scope of EU law on VAT and the EU's financial interests
2Solutions
1.Contract law
Answer: C · Arise naturally from the breach or were in the reasonable contemplation of both parties
Why this is the answer
Jurisdiction: law of England and Wales. The two limbs: losses arising naturally, and losses both parties could have contemplated when contracting because of special knowledge.
C · Arise naturally from the breach or were in the reasonable contemplation of both parties
2.Contract law
Answer: B · Valid, because the mistake about quality was not fundamental enough
Why this is the answer
Jurisdiction: law of England and Wales. A common mistake as to quality makes a contract void only if it makes the subject matter essentially different from what it was believed to be. The House of Lords held this test was not met.
B · Valid, because the mistake about quality was not fundamental enough
3.Tort law
Answer: B · Without proof of fault
Why this is the answer
Jurisdiction: general principle, found in most legal systems. In strict liability (for example under the EU Product Liability Directive) the claimant need not prove negligence, only the defect, damage and causation.
B · Without proof of fault
4.Tort law
Answer: C · The character of the locality was irrelevant, because there was physical damage to property
Why this is the answer
Jurisdiction: law of England and Wales. The nature of the locality matters when the complaint is about discomfort or inconvenience, but not where the nuisance causes material physical damage to property.
C · The character of the locality was irrelevant, because there was physical damage to property
5.Constitutional law
Answer: C · Cannot be impliedly repealed, only expressly
Why this is the answer
Jurisdiction: law of England and Wales. Laws LJ suggested a hierarchy between ordinary and constitutional statutes. A constitutional statute can be repealed only by clear express words, not by implication.
C · Cannot be impliedly repealed, only expressly
6.Constitutional law
Answer: C · A constitutional complaint to the Federal Constitutional Court
Why this is the answer
Jurisdiction: German law. The constitutional complaint lets individuals challenge acts of public authority, including statutes, before the Federal Constitutional Court for breach of their basic rights.
C · A constitutional complaint to the Federal Constitutional Court
7.Criminal law
Answer: D · That some physical harm might result
Why this is the answer
Jurisdiction: law of England and Wales. "Maliciously" in s20 means intending or foreseeing the risk of some harm, though not necessarily serious harm.
D · That some physical harm might result
8.Criminal law
Answer: C · A duty arose because D had contributed to a life-threatening situation she knew of
Why this is the answer
Jurisdiction: law of England and Wales. A person who creates or contributes to a dangerous state of affairs, and knows or ought to know of it, has a duty to take reasonable steps; Evans was guilty of gross negligence manslaughter.
C · A duty arose because D had contributed to a life-threatening situation she knew of
9.EU law
Answer: A · Four member states
Why this is the answer
Jurisdiction: EU law. Article 16(4) TEU requires a blocking minority of at least four Council members; otherwise the qualified majority is deemed attained.
10.EU law
Answer: D · The national measures fell within the scope of EU law on VAT and the EU's financial interests
Why this is the answer
Jurisdiction: EU law. The Court read "implementing EU law" as acting within the scope of EU law, so ne bis in idem under Article 50 of the Charter could apply.
D · The national measures fell within the scope of EU law on VAT and the EU's financial interests