1Practice problems
1.Contract lawMedium
Under section 2(1) of the Misrepresentation Act 1967, a person who made a false statement inducing a contract is liable in damages unless:
- AThe statement was made orally and not in writing
- BThe contract was made between two businesses
- CThey prove they had reasonable grounds to believe, and did believe, it was true
- DThe claimant proves that the statement was made fraudulently and not merely carelessly
2.Contract lawHard
A former spy publishes his memoirs in breach of his undertaking not to disclose official information. In AG v Blake, the House of Lords:
- AHeld that no remedy was available
- BOrdered him to account for his profits, in an exceptional case
- CAwarded punitive damages to the Crown
- DAwarded only nominal damages
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:
- AFailed, because the claimant could not prove the negligence caused the blindness
- BSucceeded, because the negligence materially increased the risk of the blindness
- CSucceeded, with damages reduced by four fifths
- DFailed, because no duty was owed to a baby
4.Tort lawHard
As a practical joke, a man falsely tells a woman that her husband has been badly injured. She suffers a serious illness from the shock. In Wilkinson v Downton, the man was:
- ALiable only in defamation
- BLiable for intentionally causing physical harm by a false statement
- CNot liable, because there was no direct physical contact with the woman
- DNot liable, because it was only a joke
5.Constitutional lawMedium
Under section 2 of the UK Human Rights Act 1998, UK courts must, when deciding Convention rights questions:
- AFollow every relevant Strasbourg judgment strictly, as binding precedent
- BIgnore Strasbourg case law
- CRefer all questions to Strasbourg
- DTake into account judgments of the European Court of Human Rights
6.Constitutional lawHard
The legitimate expectation doctrine protects individuals when:
- AA minister speaks in Parliament
- BA contract with the government exists and the public body later fails to perform its contractual obligations
- CAny person hopes for a favourable decision
- DA public body made a clear promise or established practice that it then seeks to depart from unfairly
7.Criminal lawMedium
Joint enterprise (accessorial liability) after R v Jogee requires that the accessory:
- AWas related to the principal
- BWas present at the scene by chance
- CMerely foresaw as a real possibility that the principal might commit the crime
- DIntended to assist or encourage the principal to commit the crime
8.Criminal lawHard
In R v Brown (1993), the House of Lords held that consent was no defence to s47 and s20 charges arising from:
- ASurgery carried out without the patient's signature
- BInjuries suffered in properly conducted boxing matches between consenting adults
- CTattoos applied by a licensed tattoo artist
- DConsensual sado-masochistic acts between adults in private
9.EU lawMedium
Under the subsidiarity protocol, a "yellow card" is triggered when reasoned opinions represent at least:
- AAll national parliaments
- BA simple majority of the votes of the Members of the European Parliament
- CTwo member state governments
- DOne third of the votes allocated to national parliaments
10.EU lawHard
In Köbler (2003), the Court of Justice held that state liability can arise from:
- AOnly failures of the national legislature
- BDecisions of the Court of Justice itself
- CAny error of interpretation made by a national court of first instance, however minor
- DA manifest infringement of EU law by a national court of last instance
2Solutions
1.Contract law
Answer: C · They prove they had reasonable grounds to believe, and did believe, it was true
Why this is the answer
Jurisdiction: law of England and Wales. Section 2(1) reverses the burden of proof, so the claimant does not need to prove negligence. Damages are assessed as if for fraud (Royscot Trust v Rogerson).
C · They prove they had reasonable grounds to believe, and did believe, it was true
2.Contract law
Answer: B · Ordered him to account for his profits, in an exceptional case
Why this is the answer
Jurisdiction: law of England and Wales. Account of profits for breach of contract is exceptional, available only where other remedies are inadequate and the claimant has a legitimate interest in preventing the defendant's profit.
B · Ordered him to account for his profits, in an exceptional case
3.Tort law
Answer: A · 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.
A · Failed, because the claimant could not prove the negligence caused the blindness
4.Tort law
Answer: B · Liable for intentionally causing physical harm by a false statement
Why this is the answer
Jurisdiction: law of England and Wales. The court recognised liability for conduct calculated to cause physical harm. In Rhodes v OPO the Supreme Court held the tort requires an intention to cause physical or psychiatric harm or severe distress.
B · Liable for intentionally causing physical harm by a false statement
5.Constitutional law
Answer: D · Take into account judgments of the European Court of Human Rights
Why this is the answer
Jurisdiction: law of England and Wales. Strasbourg case law is not binding as precedent. UK courts normally follow clear and consistent Strasbourg authority, but can depart from it in some cases.
D · Take into account judgments of the European Court of Human Rights
6.Constitutional law
Answer: D · A public body made a clear promise or established practice that it then seeks to depart from unfairly
Why this is the answer
Jurisdiction: law of England and Wales. A clear, unambiguous representation can create a procedural or substantive legitimate expectation; departing from it may be an abuse of power unless justified by an overriding public interest.
D · A public body made a clear promise or established practice that it then seeks to depart from unfairly
7.Criminal law
Answer: D · Intended to assist or encourage the principal to commit the crime
Why this is the answer
Jurisdiction: law of England and Wales. Jogee held that foresight is only evidence of intent; the accessory must intend to assist or encourage the commission of the offence.
D · Intended to assist or encourage the principal to commit the crime
8.Criminal law
Answer: D · Consensual sado-masochistic acts between adults in private
Why this is the answer
Jurisdiction: law of England and Wales. The majority held that consent cannot be a defence to ABH or more serious harm deliberately inflicted for sexual gratification; the case is often contrasted with R v Wilson (branding of a wife's buttocks).
D · Consensual sado-masochistic acts between adults in private
9.EU law
Answer: D · 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.
D · One third of the votes allocated to national parliaments
10.EU law
Answer: D · A manifest infringement of EU law by a national court of last instance
Why this is the answer
Jurisdiction: EU law. Köbler extended Francovich liability to judicial decisions of final courts, but only where the court manifestly infringed applicable EU law.
D · A manifest infringement of EU law by a national court of last instance