Introduction to Law: cram pack

Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.

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1Practice problems

1.Contract lawMedium

A holiday company provides a holiday far below the promised standard. Can the customer recover damages for disappointment?

  1. AYes, because the contract's purpose was to provide enjoyment
  2. BOnly if the company acted dishonestly
  3. COnly if the customer suffered a physical injury
  4. DNo, because mental distress is never recoverable in contract
2.Contract lawHard

A builder agrees to finish work for an agreed price, then demands more money. The client pays to avoid delay and gets a practical benefit. In English law (Williams v Roffey), the promise to pay more may be:

  1. AUnenforceable, because performing an existing contractual duty can never be good consideration
  2. BA criminal offence
  3. CEnforceable only if made in writing
  4. DEnforceable, because the practical benefit can be consideration if there is no duress
3.Tort lawMedium

A five-year-old falls into a trench on open land while playing without an adult. In Phipps v Rochester Corporation, the occupier was:

  1. ALiable, because young children must be protected from every danger on the land
  2. BNot liable, because it could expect parents to supervise very young children
  3. CLiable, because the trench was not fenced
  4. DNot liable, because the child was a trespasser
4.Tort lawHard

A surveyor values a modest house for a mortgage lender, knowing the buyer will rely on it. The report is negligent and contains a disclaimer. In Smith v Eric S Bush, the House of Lords held:

  1. AThe surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
  2. BThe lender alone could sue the surveyor
  3. CThe surveyor owed no duty, because the buyer was not the client who commissioned the report
  4. DThe disclaimer excluded all liability to the buyer
5.Constitutional lawMedium

Article 2 of the ECHR (right to life) imposes on states a positive obligation to:

  1. AGuarantee free housing and healthcare to everyone within their territory
  2. BTake appropriate steps to safeguard lives within their jurisdiction
  3. CGuarantee that no citizen ever dies
  4. DAbolish all police forces
6.Constitutional lawHard

In Madzimbamuto v Lardner-Burke, the Privy Council held that the UK Parliament could still legislate for Southern Rhodesia because:

  1. ARhodesia had become fully independent
  2. BThe convention was legally binding but had been waived by Rhodesia
  3. CRhodesia had consented to the legislation
  4. DA convention that it would not do so did not limit its legal power
7.Criminal lawMedium

Involuntary intoxication can be a defence when:

  1. AThe offence is a strict liability offence
  2. BIt meant the defendant lacked the required mens rea
  3. CThe defendant was less inhibited but still formed intent
  4. DThe defendant chose to drink heavily
8.Criminal lawHard

In R v Walkington (1979), D went behind a shop counter and opened a till. This was burglary because:

  1. AEntering a part of a building as a trespasser is enough
  2. BD was carrying a weapon at the time
  3. CShops are treated as dwellings in law
  4. DThe till contained money at the time
9.EU lawMedium

Under the subsidiarity protocol, a "yellow card" is triggered when reasoned opinions represent at least:

  1. AA simple majority of the votes of the Members of the European Parliament
  2. BOne third of the votes allocated to national parliaments
  3. CTwo member state governments
  4. DAll national parliaments
10.EU lawHard

EU citizenship case law (Zambrano) established that a third-country national parent of a child who is an EU citizen may have a right of residence when:

  1. AThe parent has lived lawfully in the child's member state for at least five years before applying for residence
  2. BThe parent pays a residence fee
  3. CThe child is older than 18
  4. DRefusal would deprive the child of the genuine enjoyment of the substance of EU citizenship rights

2Solutions

1.Contract law

Answer: A · Yes, because the contract's purpose was to provide enjoyment

Why this is the answer

Jurisdiction: law of England and Wales. Damages for distress are generally not available for breach of contract (Addis v Gramophone), but there is an exception where a major object of the contract is pleasure, relaxation or peace of mind.

Answer

A · Yes, because the contract's purpose was to provide enjoyment
2.Contract law

Answer: D · Enforceable, because the practical benefit can be consideration if there is no duress

Why this is the answer

Jurisdiction: law of England and Wales. Williams v Roffey held that a practical benefit to the promisor can be good consideration for paying more for the same work, provided there is no economic duress.

Answer

D · Enforceable, because the practical benefit can be consideration if there is no duress
3.Tort law

Answer: B · Not liable, because it could expect parents to supervise very young children

Why this is the answer

Jurisdiction: law of England and Wales. An occupier is entitled to assume that parents will not let very young children go unaccompanied to places that are obviously dangerous for them.

Answer

B · Not liable, because it could expect parents to supervise very young children
4.Tort law

Answer: A · The surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test

Why this is the answer

Jurisdiction: law of England and Wales. The surveyor knew the buyer would rely on the valuation, which created a duty. Under UCTA, the disclaimer was not fair and reasonable for an ordinary house purchase.

Answer

A · The surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
5.Constitutional law

Answer: B · Take appropriate steps to safeguard lives within their jurisdiction

Why this is the answer

Jurisdiction: European Convention on Human Rights. Besides refraining from unlawful killing, states must protect life, for example through effective criminal law and operational measures when authorities know of a real and immediate risk.

Answer

B · Take appropriate steps to safeguard lives within their jurisdiction
6.Constitutional law

Answer: D · A convention that it would not do so did not limit its legal power

Why this is the answer

Jurisdiction: law of England and Wales. Conventions may make it politically unthinkable for Parliament to act, but they do not limit its legal competence. Courts will apply an Act passed in breach of a convention.

Answer

D · A convention that it would not do so did not limit its legal power
7.Criminal law

Answer: B · It meant the defendant lacked the required mens rea

Why this is the answer

Jurisdiction: law of England and Wales. Involuntary intoxication helps only where it prevents the defendant forming the mens rea; reduced inhibitions are not enough.

Answer

B · It meant the defendant lacked the required mens rea
8.Criminal law

Answer: A · Entering a part of a building as a trespasser is enough

Why this is the answer

Jurisdiction: law of England and Wales. The counter area was a part of the building from which the public was impliedly excluded, so entering it with intent to steal was burglary even though D could lawfully be in the shop.

Answer

A · Entering a part of a building as a trespasser is enough
9.EU law

Answer: B · One third of the votes allocated to national parliaments

Why this is the answer

Jurisdiction: EU law. When one third of the votes (one quarter in the area of freedom, security and justice) object, the Commission must review the proposal, though it may maintain it.

Answer

B · One third of the votes allocated to national parliaments
10.EU law

Answer: D · Refusal would deprive the child of the genuine enjoyment of the substance of EU citizenship rights

Why this is the answer

Jurisdiction: EU law. Article 20 TFEU precludes measures forcing a child citizen to leave EU territory as a whole, which can give a dependent parent a derived right of residence.

Answer

D · Refusal would deprive the child of the genuine enjoyment of the substance of EU citizenship rights

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