At an auction in England, the contract of sale is completed when:
- AThe bidder makes the highest bid
- BThe auctioneer puts the item up for sale
- CThe buyer collects the goods
- DThe auctioneer brings down the hammer
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At an auction in England, the contract of sale is completed when:
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:
A doctor builds a consulting room next to a confectioner whose noisy machines had operated for years without complaint. Can the confectioner defend a nuisance claim by saying the doctor "came to the nuisance"?
Under section 4 of the Defamation Act 2013, the public interest defence requires that:
In R (Jackson) v Attorney General, the House of Lords held that:
In Ireland v UK (1978), the European Court of Human Rights held that the "five techniques" used in interrogating detainees in Northern Ireland were:
D drinks heavily to gain courage before killing V, as planned. Following A-G for Northern Ireland v Gallagher, D:
Conspiracy in English law requires:
If a member state does not comply with a Court judgment finding an infringement, under Article 260(2) TFEU the Court can:
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:
Answer: D · The auctioneer brings down the hammer
Jurisdiction: law of England and Wales. Putting goods up for auction is an invitation to treat, each bid is an offer, and the fall of the hammer is acceptance. A bidder can withdraw a bid until then.
Answer: B · Enforceable, because the practical benefit can be consideration if there is no duress
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: B · No, coming to the nuisance is not a defence
Jurisdiction: law of England and Wales. It is no defence that the claimant moved to or built near an existing nuisance. The Supreme Court confirmed this in Coventry v Lawrence.
Answer: A · The statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
Jurisdiction: law of England and Wales. Section 4 protects responsible publication on matters of public interest, even if the statement turns out to be untrue. The court considers all the circumstances, with allowance for editorial judgment.
Answer: B · The Parliament Act 1949 and the Hunting Act 2004 passed under it were valid
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.
Answer: B · Inhuman and degrading treatment, but not torture
Jurisdiction: European Convention on Human Rights. The Court found a breach of Article 3, but held that the treatment did not reach the special stigma of torture. Article 3 cannot be derogated from in any emergency.
Answer: C · Cannot rely on intoxication, because the intent to kill was formed before drinking
Jurisdiction: law of England and Wales. Where a defendant forms the intent and then gets drunk to carry it out, the intoxication does not negate mens rea and is no defence.
Answer: D · An agreement between two or more people to commit a crime, with intent that it be carried out
Jurisdiction: law of England and Wales. Under the Criminal Law Act 1977, conspiracy is complete once the agreement is made with the necessary intent, even if no further step is taken.
Answer: C · Impose a lump sum or penalty payment on the state
Jurisdiction: EU law. On a second referral by the Commission, the Court can impose a lump sum and/or periodic penalty payments; Article 7 TEU, not Article 260, can lead to suspension of voting rights.
Answer: B · Refusal would deprive the child of the genuine enjoyment of the substance of EU citizenship rights
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.
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