1Practice problems
1.Contract lawMedium
A supplier receives a draft agreement, never signs or returns it, but both sides trade on its terms for years. A court is likely to find:
- AA contract accepted by conduct
- BA contract only for the first delivery
- CA void agreement for lack of certainty
- DNo contract, because nothing was signed
2.Contract lawHard
A flat is hired for two days to watch a coronation procession, which is cancelled because the King is ill. The contract does not mention the procession. In Krell v Henry:
- AThe contract was not frustrated, because the flat was still available
- BThe contract was void for common mistake
- CThe contract was frustrated, because the procession was its foundation
- DThe hirer had to pay as the risk was his
3.Tort lawMedium
Under Montgomery v Lanarkshire Health Board, a doctor must inform a patient about:
- ANothing, unless the patient asks
- BMaterial risks of treatment and reasonable alternatives
- COnly the risks other doctors would usually mention
- DEvery possible risk, however remote
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:
- ASucceeded, because volenti never applies to passengers
- BFailed, because of illegality
- CSucceeded, with damages reduced for contributory negligence
- DFailed, because he voluntarily accepted the risk
5.Constitutional lawMedium
In R v Home Secretary, ex p Fire Brigades Union, the House of Lords held the minister acted unlawfully by:
- ABringing a statute into force too quickly
- BBringing the statutory scheme into force without first consulting the bodies that would be affected by it
- CUsing the prerogative to set up a scheme inconsistent with a statutory scheme not yet in force
- DRefusing to consult the fire brigades
6.Constitutional lawHard
A prison policy requires prisoners to be absent while officers search their cells, including their legal correspondence. In R (Daly) v Home Secretary (2001), the House of Lords held:
- AThe policy was unlawful only for unconvicted prisoners held on remand awaiting trial
- BThe policy was lawful, as prisoners have no privacy
- CThe blanket policy unlawfully interfered with legal professional privilege
- DThe policy was lawful, as prisons need security
7.Criminal lawMedium
Strict liability offences are offences where:
- ALiability arises only if the defendant was negligent as to every element
- BNo mens rea is required for at least one element of the actus reus
- CThe defendant must confess
- DOnly intentional acts count
8.Criminal lawHard
In R v Walkington (1979), D went behind a shop counter and opened a till. This was burglary because:
- AShops are treated as dwellings in law
- BEntering a part of a building as a trespasser is enough
- CD was carrying a weapon at the time
- DThe till contained money at the time
9.EU lawMedium
In Dillenkofer (1996), the Court held that a complete failure to transpose a directive on time is:
- AExcused if the state was busy with elections
- BIn itself a sufficiently serious breach for state liability
- CSerious only if the Commission has first warned the state in a reasoned opinion
- DNever a ground for state liability
10.EU lawHard
In Opinion 2/13 (2014), the Court of Justice held that the draft agreement on EU accession to the ECHR:
- AWas incompatible with the Treaties, in part because it threatened the autonomy of EU law
- BCould only be ratified by a referendum in each state
- CWas compatible with the Treaties, provided the Council approved it unanimously after consulting Parliament
- DWas unnecessary because the EU had already acceded
2Solutions
1.Contract law
Answer: A · A contract accepted by conduct
Why this is the answer
Jurisdiction: law of England and Wales. Acceptance need not be in words; it can be inferred from conduct. In Brogden, ordering and supplying coal on the draft terms showed acceptance.
A · A contract accepted by conduct
2.Contract law
Answer: C · The contract was frustrated, because the procession was its foundation
Why this is the answer
Jurisdiction: law of England and Wales. Both parties understood that viewing the procession was the basis of the contract, so its cancellation frustrated it. In Herne Bay the fleet could still be toured, so the contract was not frustrated.
C · The contract was frustrated, because the procession was its foundation
3.Tort law
Answer: B · Material risks of treatment and reasonable alternatives
Why this is the answer
Jurisdiction: law of England and Wales. A risk is material if a reasonable person in the patient's position would attach significance to it, or the doctor knows this patient would. The Bolam test no longer governs advice about risks.
B · Material risks of treatment and reasonable alternatives
4.Tort law
Answer: D · 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.
D · Failed, because he voluntarily accepted the risk
5.Constitutional law
Answer: C · Using the prerogative to set up a scheme inconsistent with a statutory scheme not yet in force
Why this is the answer
Jurisdiction: law of England and Wales. A minister with a statutory power to bring an Act into force cannot use the prerogative to introduce a different scheme that frustrates Parliament's intention.
C · Using the prerogative to set up a scheme inconsistent with a statutory scheme not yet in force
6.Constitutional law
Answer: C · The blanket policy unlawfully interfered with legal professional privilege
Why this is the answer
Jurisdiction: law of England and Wales. The policy went further than necessary. Lord Steyn explained that proportionality review is more intense than the traditional Wednesbury test.
C · The blanket policy unlawfully interfered with legal professional privilege
7.Criminal law
Answer: B · No mens rea is required for at least one element of the actus reus
Why this is the answer
Jurisdiction: law of England and Wales. Strict liability offences, often regulatory (food safety, traffic), do not require proof of fault for some element; courts presume mens rea is needed unless Parliament clearly excludes it.
B · No mens rea is required for at least one element of the actus reus
8.Criminal law
Answer: B · Entering a part of a building as a trespasser is enough
Why this is the answer
Jurisdiction: law of England and Wales. The counter area was a part of the building from which the public was impliedly excluded, so entering it with intent to steal was burglary even though D could lawfully be in the shop.
B · Entering a part of a building as a trespasser is enough
9.EU law
Answer: B · In itself a sufficiently serious breach for state liability
Why this is the answer
Jurisdiction: EU law. Failure to take any measure to transpose a directive by the deadline is per se a sufficiently serious breach, so the other Francovich conditions decide liability.
B · In itself a sufficiently serious breach for state liability
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.
A · Was incompatible with the Treaties, in part because it threatened the autonomy of EU law