1Practice problems
1.Contract lawMedium
An actor withdraws from a TV film and the company cannot prove what profit the film would have made. It may claim:
- APunitive damages to deter the actor
- BOnly nominal damages of a small sum
- CIts wasted expenditure, including costs incurred before the contract
- DIts estimated profits from the film, even if they are purely speculative
2.Contract lawHard
In Carlill v Carbolic Smoke Ball Co, the court held that the advertisement was:
- AA contract only with the newspaper
- BA mere advertising puff with no legal effect, since no one could take it seriously
- CAn invitation to treat
- DA unilateral offer that could be accepted by performing the conditions
3.Tort lawMedium
The Wagon Mound case concerns which issue?
- ARemoteness: only reasonably foreseeable types of damage are recoverable
- BStrict liability for animals
- CDuty of care to unborn children
- DDirectness: a defendant is liable for all direct consequences of the breach
4.Tort lawHard
Members of a religious teaching order abused pupils at schools. The brothers were not employees of the order. In Various Claimants v Catholic Child Welfare Society, the Supreme Court held the order:
- ALiable only in contract to the schools
- BVicariously liable, as the relationship was akin to employment
- CNot liable, because the order did not own the schools
- DNot liable, because the brothers were not employees
5.Constitutional lawMedium
In R (Jackson) v Attorney General, the House of Lords held that:
- AThe House of Lords could veto any bill permanently
- BThe Parliament Act 1949 and the Hunting Act 2004 passed under it were valid
- CThe Hunting Act was incompatible with Convention rights
- DActs passed under the Parliament Acts were merely invalid delegated legislation
6.Constitutional lawHard
A statute says a commission's "determination ... shall not be called in question in any court of law". In Anisminic v Foreign Compensation Commission, the House of Lords held:
- AThe clause was invalid as unconstitutional
- BThe clause excluded all judicial review
- CThe clause did not protect a decision based on an error of law, because that was a nullity
- DThe decision was immune from review because the ouster clause applied to all its determinations
7.Criminal lawMedium
The "thin skull" rule in criminal law means:
- AA frail victim breaks the chain of causation
- BOnly healthy victims are protected
- CThe victim's injuries must be foreseeable in extent
- DThe defendant must take the victim as they find them
8.Criminal lawHard
Under the "transferred malice" doctrine, if A aims a blow at B but hits C:
- AB becomes liable for the harm to C
- BA's intention towards B is transferred, so A can be liable for the harm to C
- CA is only liable for attempted harm to C
- DA cannot be liable for harm to C because A had no mens rea at all in relation to C
9.EU lawMedium
Which of these can NOT be used to justify a restriction on imports under Article 36 TFEU?
- AProtection of industrial and commercial property
- BProtecting the national economy from competition
- CPublic morality
- DProtection of human health
10.EU lawHard
In CIA Security (1996), Belgian technical rules not notified to the Commission as required by a directive were held to be:
- AValid, because directives do not have horizontal direct effect
- BVoid only in disputes against the Belgian state
- CValid until the Commission brings infringement proceedings
- DInapplicable, even in a dispute between private competitors
2Solutions
1.Contract law
Answer: C · Its wasted expenditure, including costs incurred before the contract
Why this is the answer
Jurisdiction: law of England and Wales. Where expectation loss is too uncertain, the claimant may claim reliance loss instead. In Anglia TV, pre-contract expenses were recoverable as they were in the parties' contemplation as likely to be wasted.
C · Its wasted expenditure, including costs incurred before the contract
2.Contract law
Answer: D · A unilateral offer that could be accepted by performing the conditions
Why this is the answer
Jurisdiction: law of England and Wales. The advertisement was an offer to the world, accepted by anyone who used the smoke ball as directed and caught flu; notification of acceptance was not required.
D · A unilateral offer that could be accepted by performing the conditions
3.Tort law
Answer: A · Remoteness: only reasonably foreseeable types of damage are recoverable
Why this is the answer
Jurisdiction: law of England and Wales. The Privy Council held that damage must be of a reasonably foreseeable type; the fire damage was not foreseeable, so it was too remote.
A · Remoteness: only reasonably foreseeable types of damage are recoverable
4.Tort law
Answer: B · Vicariously liable, as the relationship was akin to employment
Why this is the answer
Jurisdiction: law of England and Wales. The brothers worked under the order's direction, as part of its mission and hierarchy, so the relationship was sufficiently akin to employment. The abuse was also closely connected to that relationship.
B · Vicariously liable, as the relationship was akin to employment
5.Constitutional law
Answer: B · The Parliament Act 1949 and the Hunting Act 2004 passed under it were valid
Why this is the answer
Jurisdiction: law of England and Wales. The Lords held that Acts passed using the Parliament Acts are primary legislation. Some judges suggested obiter that there could be limits on parliamentary sovereignty in extreme cases.
B · The Parliament Act 1949 and the Hunting Act 2004 passed under it were valid
6.Constitutional law
Answer: C · The clause did not protect a decision based on an error of law, because that was a nullity
Why this is the answer
Jurisdiction: law of England and Wales. A decision outside jurisdiction, including through an error of law, is not a real "determination" at all, so the ouster clause did not protect it. The case shows courts read ouster clauses very narrowly.
C · The clause did not protect a decision based on an error of law, because that was a nullity
7.Criminal law
Answer: D · The defendant must take the victim as they find them
Why this is the answer
Jurisdiction: law of England and Wales. A defendant is liable for the full consequences even if the victim's characteristics (physical or beliefs) made them worse than expected.
D · The defendant must take the victim as they find them
8.Criminal law
Answer: B · A's intention towards B is transferred, so A can be liable for the harm to C
Why this is the answer
Jurisdiction: law of England and Wales. Malice transfers where the actus reus and mens rea are of the same type of offence. It does not transfer between different kinds of offences (R v Pembliton).
B · A's intention towards B is transferred, so A can be liable for the harm to C
9.EU law
Answer: B · Protecting the national economy from competition
Why this is the answer
Jurisdiction: EU law. Purely economic aims, such as protecting domestic producers, can never justify restrictions on free movement; the listed grounds must also be applied proportionately.
B · Protecting the national economy from competition
10.EU law
Answer: D · Inapplicable, even in a dispute between private competitors
Why this is the answer
Jurisdiction: EU law. Breach of the notification duty makes the technical regulation unenforceable against individuals, so it could not be relied on by a competitor in private litigation.
D · Inapplicable, even in a dispute between private competitors