1Practice problems
1.Contract lawMedium
A sailor is to be paid only on completing a voyage, but dies part of the way. Under the strict rule applied in Cutter v Powell:
- AThe full wages were payable
- BA proportion of the wages was payable
- CThe ship owner had to pay compensation
- DNothing was recoverable for the part performed
2.Contract lawHard
A buyer purchases oats thinking they are old oats. The seller knows they are new, but made no statement or promise that they were old. Under Smith v Hughes:
- AThe contract is void for unilateral mistake
- BThe contract is binding, because a mistake about quality alone is not enough
- CThe contract is voidable, because the seller's silence amounted to a misrepresentation
- DThe seller had a duty to correct the buyer
3.Tort lawMedium
The Caparo test for a new duty of care requires:
- AForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
- BProof of criminal conduct
- CA contract between the parties, a breach of its terms and loss flowing directly from the breach
- DIntention, motive and damage
4.Tort lawHard
Police officers arresting a suspect in a busy street knock over an elderly pedestrian. In Robinson v Chief Constable of West Yorkshire, the Supreme Court held:
- AA duty arose only because she was a victim of crime
- BA duty was owed, since the police caused harm by a positive act
- CNo duty was owed, because the police are immune
- DNo duty was owed, as the Caparo test was not met for police operations
5.Constitutional lawMedium
In R v Bow Street Magistrate, ex p Pinochet (No 2), the House of Lords set aside its own earlier decision because:
- AThe judges had made a legal mistake
- BThe case had been heard in private
- CPinochet had not been given a lawyer of his own choice at the hearing
- DOne judge had links to a charity that was a party to the case
6.Constitutional lawHard
After 2001, the UK detained foreign terrorism suspects indefinitely without trial. In A v Home Secretary (the Belmarsh case), the House of Lords:
- AOrdered the immediate release of all detainees
- BMade a declaration of incompatibility, finding the measure disproportionate and discriminatory
- CHeld that national security questions were for the executive alone and could not be reviewed by courts
- DUpheld the detention as a valid response to an emergency
7.Criminal lawMedium
D, who honestly but wrongly believes V is attacking a stranger, punches V. Following R v Williams (Gladstone), D:
- AIs judged on the facts as D honestly believed them to be
- BIs liable, because the mistake was about the facts
- CMust prove the belief on the balance of probabilities
- DIs liable, because the mistaken belief was not based on reasonable grounds
8.Criminal lawHard
In the Dutch "Melk-en-water" judgment (Hoge Raad, 1916), the court recognised:
- AForce majeure as a written justification
- BThe legality principle as part of the Constitution
- CConditional intent as a form of intention
- DAbsence of all blame (AVAS) as an unwritten excuse
9.EU lawMedium
In Lawrie-Blum (1986), the Court defined a "worker" under Article 45 TFEU as a person who:
- AIs registered with a national trade union
- BEarns at least the national minimum wage for a year
- CPerforms services for and under the direction of another in return for remuneration
- DHolds a permanent full-time contract of employment registered with the authorities of the host member state
10.EU lawHard
In Inuit Tapiriit Kanatami (2013), the Court interpreted "regulatory act" in Article 263(4) TFEU to mean:
- AAny act adopted by the Commission or the Council
- BAn act addressed to a specific individual
- CAny regulation, whether legislative or not
- DAn act of general application other than a legislative act
2Solutions
1.Contract law
Answer: D · Nothing was recoverable for the part performed
Why this is the answer
Jurisdiction: law of England and Wales. Where payment depends on complete performance, partial performance traditionally earns nothing. The harshness is softened by substantial performance and, for frustration, by statute.
D · Nothing was recoverable for the part performed
2.Contract law
Answer: B · The contract is binding, because a mistake about quality alone is not enough
Why this is the answer
Jurisdiction: law of England and Wales. A party's mistaken belief about quality, not induced by the other, does not affect the contract. The result would differ if the buyer believed the seller was promising old oats and the seller knew it.
B · The contract is binding, because a mistake about quality alone is not enough
3.Tort law
Answer: A · Foreseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
Why this is the answer
Jurisdiction: law of England and Wales. Caparo v Dickman set out foreseeability, proximity and fairness; courts now develop duties incrementally by analogy with existing cases.
A · Foreseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
4.Tort law
Answer: B · A duty was owed, since the police caused harm by a positive act
Why this is the answer
Jurisdiction: law of England and Wales. The police, like anyone, owe a duty to take care when their positive acts create a foreseeable risk of physical injury. The court also said Caparo is not a three-stage test for every case; established principles apply.
B · A duty was owed, since the police caused harm by a positive act
5.Constitutional law
Answer: D · One judge had links to a charity that was a party to the case
Why this is the answer
Jurisdiction: law of England and Wales. Lord Hoffmann was a director of a charity connected with Amnesty International, which had intervened. A judge with such an interest in a party's cause is automatically disqualified.
D · One judge had links to a charity that was a party to the case
6.Constitutional law
Answer: B · Made a declaration of incompatibility, finding the measure disproportionate and discriminatory
Why this is the answer
Jurisdiction: law of England and Wales. The Lords quashed the derogation order and declared the detention power incompatible with Articles 5 and 14, because it applied only to foreign nationals and was not strictly required by the emergency.
B · Made a declaration of incompatibility, finding the measure disproportionate and discriminatory
7.Criminal law
Answer: A · Is judged on the facts as D honestly believed them to be
Why this is the answer
Jurisdiction: law of England and Wales. D may rely on self-defence if the force was reasonable in the circumstances as D genuinely believed them to be; reasonableness of the belief is only evidence of whether it was held.
A · Is judged on the facts as D honestly believed them to be
8.Criminal law
Answer: D · Absence of all blame (AVAS) as an unwritten excuse
Why this is the answer
Jurisdiction: Dutch law. The Hoge Raad held that a person who is entirely without fault cannot be punished, creating the unwritten defence of afwezigheid van alle schuld.
D · Absence of all blame (AVAS) as an unwritten excuse
9.EU law
Answer: C · Performs services for and under the direction of another in return for remuneration
Why this is the answer
Jurisdiction: EU law. The essential feature of an employment relationship is that a person performs services for a period under the direction of another in return for remuneration; trainee teachers qualified.
C · Performs services for and under the direction of another in return for remuneration
10.EU law
Answer: D · An act of general application other than a legislative act
Why this is the answer
Jurisdiction: EU law. Legislative acts adopted under a legislative procedure are not regulatory acts, so the applicants needed individual concern and failed.
D · An act of general application other than a legislative act