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. BPayable twice, as a penalty
3. CLost, because the loss must lie where it falls once the contract is frustrated
4. DPaid into court for distribution

A chartered ship is returned late, and the owner loses a very profitable follow-on charter. In The Achilleas, the House of Lords held the charterer was liable:

1. AFor punitive damages, because the delay was deliberate
2. BOnly for the market rate difference during the overrun period
3. CFor no loss, because late return is not a breach
4. DFor the whole profit lost on the follow-on charter, as it was foreseeable

A premature baby goes blind. Excess oxygen negligently given was only one of five possible causes. In Wilsher v Essex AHA, the claim:

1. AFailed, because no duty was owed to a baby
2. BFailed, because the claimant could not prove the negligence caused the blindness
3. CSucceeded, with damages reduced by four fifths
4. DSucceeded, because the negligence materially increased the risk of the blindness

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

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

In Hirst v UK (No 2), the European Court of Human Rights held that the UK's blanket ban on voting by convicted prisoners:

1. AWas within the UK's margin of appreciation
2. BViolated the right to free elections in Protocol 1, Article 3
3. CViolated the right to freedom of expression in Article 10 of the Convention
4. DWas justified because prisoners have no rights

The "dualist" approach to international law means that:

1. ATreaties cannot be signed without a referendum
2. BInternational law applies automatically in national courts as soon as a treaty is ratified
3. CCourts must apply only international law
4. DTreaties must be incorporated into national law before courts apply them domestically

D, carrying an imitation gun and a threatening note, walks towards a post office to rob it but is arrested outside before entering. Under the Criminal Attempts Act 1981, D is most likely guilty of:

1. ARobbery, because the intention was proved
2. BNothing as attempted robbery yet, because D has not gone beyond preparation
3. CAttempted robbery, because D was carrying an imitation gun and a threatening note
4. DBurglary, because D intended to enter the building

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

1. ALegally wrong
2. BWrong according to the defendant's own beliefs
3. CMorally wrong by society's standards
4. DWrong in the eyes of a doctor

Article 352 TFEU (the flexibility clause) allows the EU to act where the Treaties have not provided the necessary powers, but requires:

1. AA referendum in every member state
2. BA simple majority in the Parliament only
3. CUnanimity in the Council and the consent of the European Parliament
4. DQualified majority in the Council and the consent of the European Parliament

In Höfner and Elser (1991), a German public employment agency was held to be an "undertaking" for competition law because:

1. AIt was owned by foreign investors
2. BIt was registered as a private company and financed by the fees it charged employers
3. CIt was engaged in an economic activity, regardless of its legal status and financing
4. DIt made a large profit every year