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

Under section 2(1) of the Misrepresentation Act 1967, a person who made a false statement inducing a contract is liable in damages unless:

  1. AThe statement was made orally and not in writing
  2. BThe contract was made between two businesses
  3. CThey prove they had reasonable grounds to believe, and did believe, it was true
  4. 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:

  1. AHeld that no remedy was available
  2. BOrdered him to account for his profits, in an exceptional case
  3. CAwarded punitive damages to the Crown
  4. 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:

  1. AFailed, because the claimant could not prove the negligence caused the blindness
  2. BSucceeded, because the negligence materially increased the risk of the blindness
  3. CSucceeded, with damages reduced by four fifths
  4. 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:

  1. ALiable only in defamation
  2. BLiable for intentionally causing physical harm by a false statement
  3. CNot liable, because there was no direct physical contact with the woman
  4. 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:

  1. AFollow every relevant Strasbourg judgment strictly, as binding precedent
  2. BIgnore Strasbourg case law
  3. CRefer all questions to Strasbourg
  4. DTake into account judgments of the European Court of Human Rights
6.Constitutional lawHard

The legitimate expectation doctrine protects individuals when:

  1. AA minister speaks in Parliament
  2. BA contract with the government exists and the public body later fails to perform its contractual obligations
  3. CAny person hopes for a favourable decision
  4. 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:

  1. AWas related to the principal
  2. BWas present at the scene by chance
  3. CMerely foresaw as a real possibility that the principal might commit the crime
  4. 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:

  1. ASurgery carried out without the patient's signature
  2. BInjuries suffered in properly conducted boxing matches between consenting adults
  3. CTattoos applied by a licensed tattoo artist
  4. 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:

  1. AAll national parliaments
  2. BA simple majority of the votes of the Members of the European Parliament
  3. CTwo member state governments
  4. 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:

  1. AOnly failures of the national legislature
  2. BDecisions of the Court of Justice itself
  3. CAny error of interpretation made by a national court of first instance, however minor
  4. 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).

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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).

Answer

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.

Answer

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.

Answer

D · A manifest infringement of EU law by a national court of last instance

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