1Practice problems
1.Contract lawMedium
A former wife sues for maintenance her ex-husband promised, relying only on promissory estoppel because she gave no consideration. In Combe v Combe:
- AShe succeeded, because she relied on the promise
- BShe failed, because promissory estoppel is a shield, not a sword
- CShe succeeded, because the promise was made in writing
- DShe failed, because family agreements are never legally binding on either party
2.Contract lawHard
An employer pays large severance sums to two directors, later discovering it could have dismissed them for nothing because of their earlier misconduct. In Bell v Lever Bros, the agreements were:
- AUnenforceable because severance needs a deed
- BVoidable for the directors' misrepresentation by failing to disclose their misconduct
- CValid, because the mistake about quality was not fundamental enough
- DVoid for common mistake about the contracts
3.Tort lawMedium
Under Froom v Butcher, if wearing a seatbelt would have prevented a car passenger's injuries entirely, damages are usually reduced by:
- A25%
- B50%
- C75%
- D10%
4.Tort lawHard
The defence of "illegality" (ex turpi causa) in tort means that:
- AOnly the state can bring the claim
- BEvery claimant with a criminal record loses
- CThe defendant cannot be sued if the defendant's own conduct towards the claimant was itself a criminal offence
- DA claimant may be barred from recovering where the claim arises from their own serious illegal conduct
5.Constitutional lawMedium
In CCSU v Minister for the Civil Service (the GCHQ case), Lord Diplock classified the grounds of judicial review as:
- AIllegality, irrationality and procedural impropriety
- BJurisdiction, motive and fairness
- CLegality, legitimacy and proportionality
- DFraud, mistake and duress
6.Constitutional lawHard
In the Case of Proclamations (1610), the court held that the King:
- ACould dismiss judges who disagreed
- BCould suspend Acts of Parliament
- CCould not create new offences by proclamation
- DCould change any law by proclamation
7.Criminal lawMedium
A, a lifeguard paid to watch a pool, reads a magazine while a child drowns. A could be liable for an omission because of:
- AA contractual duty to act
- BA special relationship with the child's parents
- CHaving created the dangerous situation
- DBeing the only person who saw the child
8.Criminal lawHard
In R v Cheshire, the court held that negligent medical treatment of a gunshot victim:
- AAlways breaks the chain of causation
- BBroke the chain of causation whenever it was negligent enough to be the immediate medical cause of death, even if the wound still operated
- CMakes the doctors liable for murder
- DDid not break the chain of causation unless it was so independent and potent that the original wound became insignificant
9.EU lawMedium
An agreement caught by Article 101(1) TFEU may be exempted under Article 101(3) if, among other conditions, it:
- AInvolves companies with combined market shares over 50%
- BHas been in operation for more than five years
- CImproves production or distribution and allows consumers a fair share of the benefit
- DIs notified to and approved by the Commission or the national competition authority in advance
10.EU lawHard
In CIA Security (1996), Belgian technical rules not notified to the Commission as required by a directive were held to be:
- AValid, because directives do not have horizontal direct effect
- BValid until the Commission brings infringement proceedings
- CInapplicable, even in a dispute between private competitors
- DVoid only in disputes against the Belgian state
2Solutions
1.Contract law
Answer: B · She failed, because promissory estoppel is a shield, not a sword
Why this is the answer
Jurisdiction: law of England and Wales. Promissory estoppel can stop a promisor enforcing strict rights, but it cannot be used to found a claim where there is no consideration.
B · She failed, because promissory estoppel is a shield, not a sword
2.Contract law
Answer: C · Valid, because the mistake about quality was not fundamental enough
Why this is the answer
Jurisdiction: law of England and Wales. A common mistake as to quality makes a contract void only if it makes the subject matter essentially different from what it was believed to be. The House of Lords held this test was not met.
C · Valid, because the mistake about quality was not fundamental enough
3.Tort law
Answer: A · 25%
Why this is the answer
Jurisdiction: law of England and Wales. The guideline is 25% where a seatbelt would have prevented the injury and 15% where it would have reduced its severity, under the Law Reform (Contributory Negligence) Act 1945.
4.Tort law
Answer: D · A claimant may be barred from recovering where the claim arises from their own serious illegal conduct
Why this is the answer
Jurisdiction: law of England and Wales. Courts may deny a claim when allowing it would harm the integrity of the legal system because it arises from the claimant's own illegality.
D · A claimant may be barred from recovering where the claim arises from their own serious illegal conduct
5.Constitutional law
Answer: A · Illegality, irrationality and procedural impropriety
Why this is the answer
Jurisdiction: law of England and Wales. Illegality covers acting outside or misunderstanding powers; irrationality covers Wednesbury unreasonableness; procedural impropriety covers unfair procedures and breaches of required procedures.
A · Illegality, irrationality and procedural impropriety
6.Constitutional law
Answer: C · Could not create new offences by proclamation
Why this is the answer
Jurisdiction: law of England and Wales. The King has no prerogative except what the law of the land allows, and cannot change the common law or create new crimes by his own decree.
C · Could not create new offences by proclamation
7.Criminal law
Answer: A · A contractual duty to act
Why this is the answer
Jurisdiction: law of England and Wales. A contract of employment can create a duty to others who rely on its performance, as in Pittwood, where a gatekeeper left a level crossing gate open.
A · A contractual duty to act
8.Criminal law
Answer: D · Did not break the chain of causation unless it was so independent and potent that the original wound became insignificant
Why this is the answer
Jurisdiction: law of England and Wales. Medical negligence rarely breaks the chain; the defendant remains liable if their act still contributed significantly to the death.
D · Did not break the chain of causation unless it was so independent and potent that the original wound became insignificant
9.EU law
Answer: C · Improves production or distribution and allows consumers a fair share of the benefit
Why this is the answer
Jurisdiction: EU law. Article 101(3) requires efficiency gains, a fair share for consumers, restrictions that are indispensable, and no elimination of competition for a substantial part of the products.
C · Improves production or distribution and allows consumers a fair share of the benefit
10.EU law
Answer: C · Inapplicable, even in a dispute between private competitors
Why this is the answer
Jurisdiction: EU law. Breach of the notification duty makes the technical regulation unenforceable against individuals, so it could not be relied on by a competitor in private litigation.
C · Inapplicable, even in a dispute between private competitors