1Practice problems
1.Contract lawMedium
Police provide extra officers at a mine during a strike, beyond what their public duty requires, at the owner's request. The owner's promise to pay is:
- AEnforceable, because doing more than a public duty is consideration
- BUnenforceable, because police protection can never be consideration for a promise
- CVoid, because it is contrary to public policy
- DEnforceable only if approved by Parliament
2.Contract lawHard
A council writes that it "may be prepared to sell" a house to a tenant and invites a formal application. The tenant applies, then the council changes its policy. In Gibson v Manchester City Council, the House of Lords held:
- AThere was no contract, because the letter was not an offer
- BA contract was formed when the tenant applied
- CThe council was bound by estoppel to sell
- DA contract was formed when the council's letter was sent to the tenant
3.Tort lawMedium
Under Dutch law, the general provision for liability for unlawful acts (onrechtmatige daad) is:
- AArticle 7:17 BW
- BArticle 3:40 BW
- CArticle 1 of the Constitution
- DArticle 6:162 BW
4.Tort lawHard
After drinking together for hours, a man agrees to fly with an obviously very drunk pilot, and the plane crashes. In Morris v Murray, the passenger's claim:
- AFailed, because he voluntarily accepted the risk
- BSucceeded, because volenti never applies to passengers
- CSucceeded, with damages reduced for contributory negligence
- DFailed, because of illegality
5.Constitutional lawMedium
Which ground of judicial review applies when a decision-maker ignores a relevant consideration?
- AIllegality
- BProcedural impropriety only
- CNone, because courts never review considerations
- DLegitimate expectation only
6.Constitutional lawHard
In the Case of Proclamations (1610), the court held that the King:
- ACould dismiss judges who disagreed
- BCould not create new offences by proclamation
- CCould suspend Acts of Parliament
- DCould change any law by proclamation
7.Criminal lawMedium
D parks his car on a police officer's foot by accident, then refuses to move it once told. Under Fagan v MPC, this is:
- AOnly criminal damage to the officer's shoe
- BA mere omission without any duty to act
- CNo offence, because the original act was accidental and mens rea arose only afterwards
- DA battery, because the act was continuing when the mens rea arose
8.Criminal lawHard
In R v Jordan (1956), the court held the chain of causation was broken because:
- AThe victim refused a blood transfusion for religious reasons, which was unforeseeable
- BA second attacker stabbed the victim again in hospital
- CThe medical treatment was "palpably wrong" and the wound had mainly healed
- DThe victim had an unusually thin skull
9.EU lawMedium
Van Gend en Loos (1963) established that:
- ADirectives have horizontal direct effect
- BMember states can leave the EU at will
- CTreaty provisions bind only the member states and never create rights for individuals before national courts
- DTreaty provisions can have direct effect and create rights for individuals in national courts
10.EU lawHard
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:
- AThe parent has lived lawfully in the child's member state for at least five years before applying for residence
- BThe parent pays a residence fee
- CRefusal would deprive the child of the genuine enjoyment of the substance of EU citizenship rights
- DThe child is older than 18
2Solutions
1.Contract law
Answer: A · Enforceable, because doing more than a public duty is consideration
Why this is the answer
Jurisdiction: law of England and Wales. Performing an existing public duty is not consideration, but going beyond it is. Here the police provided more protection than they judged necessary, so payment was due.
A · Enforceable, because doing more than a public duty is consideration
2.Contract law
Answer: A · There was no contract, because the letter was not an offer
Why this is the answer
Jurisdiction: law of England and Wales. The council's letter was only an invitation to treat. The tenant's application was an offer, which the council never accepted.
A · There was no contract, because the letter was not an offer
3.Tort law
Answer: D · Article 6:162 BW
Why this is the answer
Jurisdiction: Dutch law. Article 6:162 BW requires an unlawful act attributable to the wrongdoer that causes damage. Book 3:40 concerns invalidity of juridical acts.
4.Tort law
Answer: A · Failed, because he voluntarily accepted the risk
Why this is the answer
Jurisdiction: law of England and Wales. The Court of Appeal held that, by knowingly flying with a pilot who was clearly very drunk, the passenger had accepted the risk of injury, so the defence of volenti applied.
A · Failed, because he voluntarily accepted the risk
5.Constitutional law
Answer: A · Illegality
Why this is the answer
Jurisdiction: law of England and Wales. Lord Diplock's grounds are illegality, irrationality and procedural impropriety. Taking irrelevant considerations into account, or ignoring relevant ones, is a form of illegality.
6.Constitutional law
Answer: B · 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.
B · Could not create new offences by proclamation
7.Criminal law
Answer: D · A battery, because the act was continuing when the mens rea arose
Why this is the answer
Jurisdiction: law of England and Wales. The court treated driving onto and staying on the foot as a continuing act, so the later intent coincided with it and a battery was committed.
D · A battery, because the act was continuing when the mens rea arose
8.Criminal law
Answer: C · The medical treatment was "palpably wrong" and the wound had mainly healed
Why this is the answer
Jurisdiction: law of England and Wales. Jordan is exceptional: the stab wound had largely healed and the death was caused by grossly wrong treatment, so the defendant was not the cause. Later cases treat it as confined to its facts.
C · The medical treatment was "palpably wrong" and the wound had mainly healed
9.EU law
Answer: D · Treaty provisions can have direct effect and create rights for individuals in national courts
Why this is the answer
Jurisdiction: EU law. The Court held that clear, precise and unconditional treaty provisions (here on customs duties) give individuals rights enforceable before national courts.
D · Treaty provisions can have direct effect and create rights for individuals in national courts
10.EU law
Answer: C · Refusal would deprive the child of the genuine enjoyment of the substance of EU citizenship rights
Why this is the answer
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.
C · Refusal would deprive the child of the genuine enjoyment of the substance of EU citizenship rights