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 builder's job takes much longer and costs much more than planned because of labour shortages. Under Davis Contractors v Fareham UDC, the contract is:

  1. ANot frustrated, because it has only become more onerous
  2. BAutomatically varied to a reasonable price
  3. CFrustrated, because the costs rose unexpectedly and substantially
  4. DVoid, because the price was wrongly estimated
2.Contract lawHard

A client repudiates an advertising contract the same day it is made. The agency ignores this, displays the adverts for the full period and sues for the price. In White and Carter v McGregor:

  1. AThe agency could only claim damages after mitigating
  2. BThe agency had to obtain a court order first
  3. CThe agency could recover nothing
  4. DThe agency could recover the full price
3.Tort lawMedium

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

  1. ASucceeded, with damages reduced by four fifths
  2. BSucceeded, because the negligence materially increased the risk of the blindness
  3. CFailed, because no duty was owed to a baby
  4. DFailed, because the claimant could not prove the negligence caused the blindness
4.Tort lawHard

A tannery spills small amounts of solvent over many years. It seeps underground and contaminates a water company's borehole, which nobody could have foreseen. In Cambridge Water v Eastern Counties Leather:

  1. AThe tannery was not liable, because the type of damage was not foreseeable
  2. BThe tannery was liable in negligence instead
  3. CThe water company was barred by contributory negligence
  4. DThe tannery was liable, because Rylands liability is strict and needs no foreseeability
5.Constitutional lawMedium

In R (Jackson) v Attorney General, the House of Lords held that:

  1. AThe Parliament Act 1949 and the Hunting Act 2004 passed under it were valid
  2. BThe House of Lords could veto any bill permanently
  3. CActs passed under the Parliament Acts were merely invalid delegated legislation
  4. DThe Hunting Act was incompatible with Convention rights
6.Constitutional lawHard

The government introduces high fees for bringing claims to employment tribunals, and the number of claims falls sharply. In R (UNISON) v Lord Chancellor (2017), the Supreme Court held:

  1. AThe fees were lawful because users of the courts must pay for them
  2. BThe fees breached only EU competition law
  3. CThe fees were lawful because Parliament authorised fees
  4. DThe fees were unlawful because they prevented access to justice
7.Criminal lawMedium

D grabs V's handbag so forcefully that V's hand is pulled down. Following R v Clouden, this can be:

  1. ABurglary, because the bag was V's property
  2. BOnly battery, because the bag was not taken
  3. COnly theft, because there was no direct contact with V's body
  4. DRobbery, because force was used on the person to steal
8.Criminal lawHard

In Airedale NHS Trust v Bland (1993), the House of Lords held that withdrawing life-sustaining treatment from a patient in a persistent vegetative state:

  1. AWas a positive act of killing, amounting to murder
  2. BWas lawful because the patient had made an advance decision
  3. CWas lawful only because the patient's family had given consent, which is required for any such withdrawal
  4. DWas an omission that was lawful because continued treatment was no longer in the patient's best interests
9.EU lawMedium

Under Article 51 of the Charter of Fundamental Rights, the Charter binds member states:

  1. AOnly when they are implementing EU law
  2. BNever, as it binds only the EU institutions
  3. COnly when their constitution allows it
  4. DIn all their activities, including purely national matters
10.EU lawHard

In Opinion 2/13 (2014), the Court of Justice held that the draft agreement on EU accession to the ECHR:

  1. AWas incompatible with the Treaties, in part because it threatened the autonomy of EU law
  2. BCould only be ratified by a referendum in each state
  3. CWas unnecessary because the EU had already acceded
  4. DWas compatible with the Treaties, provided the Council approved it unanimously after consulting Parliament

2Solutions

1.Contract law

Answer: A · Not frustrated, because it has only become more onerous

Why this is the answer

Jurisdiction: law of England and Wales. Frustration requires performance to be radically different from what was agreed. Delay and extra cost that are within the ordinary risks of the contract are not enough.

Answer

A · Not frustrated, because it has only become more onerous
2.Contract law

Answer: D · The agency could recover the full price

Why this is the answer

Jurisdiction: law of England and Wales. An innocent party may affirm and perform the contract and claim the price, if it can do so without the other's cooperation. Later cases limit this where it has no legitimate interest in performing.

Answer

D · The agency could recover the full price
3.Tort law

Answer: D · Failed, because the claimant could not prove the negligence caused the blindness

Why this is the answer

Jurisdiction: law of England and Wales. The claimant must prove causation on the balance of probabilities. With several distinct possible causes, showing a material increase in risk from one of them was not enough.

Answer

D · Failed, because the claimant could not prove the negligence caused the blindness
4.Tort law

Answer: A · The tannery was not liable, because the type of damage was not foreseeable

Why this is the answer

Jurisdiction: law of England and Wales. The House of Lords held that foreseeability of damage of the relevant type is required under Rylands v Fletcher, as in nuisance.

Answer

A · The tannery was not liable, because the type of damage was not foreseeable
5.Constitutional law

Answer: A · 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.

Answer

A · The Parliament Act 1949 and the Hunting Act 2004 passed under it were valid
6.Constitutional law

Answer: D · The fees were unlawful because they prevented access to justice

Why this is the answer

Jurisdiction: law of England and Wales. The Fees Order was made under a statutory power, but it was ultra vires because it effectively prevented access to justice, which is protected by common law and the rule of law.

Answer

D · The fees were unlawful because they prevented access to justice
7.Criminal law

Answer: D · Robbery, because force was used on the person to steal

Why this is the answer

Jurisdiction: law of England and Wales. Clouden held that wrenching a bag from someone's grasp can be force on the person; whether the force is enough is a question for the jury.

Answer

D · Robbery, because force was used on the person to steal
8.Criminal law

Answer: D · Was an omission that was lawful because continued treatment was no longer in the patient's best interests

Why this is the answer

Jurisdiction: law of England and Wales. Withdrawal was an omission, and doctors had no duty to continue treatment that was not in the patient's best interests, so no offence was committed.

Answer

D · Was an omission that was lawful because continued treatment was no longer in the patient's best interests
9.EU law

Answer: A · Only when they are implementing EU law

Why this is the answer

Jurisdiction: EU law. The Charter applies to member states only when they act within the scope of EU law, as interpreted broadly in Åkerberg Fransson.

Answer

A · Only when they are implementing EU law
10.EU law

Answer: A · Was incompatible with the Treaties, in part because it threatened the autonomy of EU law

Why this is the answer

Jurisdiction: EU law. The Court identified problems with autonomy, mutual trust, its exclusive jurisdiction (Article 344 TFEU) and the CFSP, so the agreement could not enter into force in that form.

Answer

A · Was incompatible with the Treaties, in part because it threatened the autonomy of EU law

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