Introduction to Law: cram pack

A sailor is to be paid only on completing a voyage, but dies part of the way. Under the strict rule applied in Cutter v Powell:

1. AThe full wages were payable
2. BThe ship owner had to pay compensation
3. CNothing was recoverable for the part performed
4. DA proportion of the wages was payable

A pays B money to bet on shares using insider information, which is illegal. The bet never happens and A wants the money back. In Patel v Mirza, the Supreme Court held:

1. AA could recover only half the money
2. BA could not recover, because no claim can be founded on an illegal agreement
3. CThe money passed to the state as illegal proceeds
4. DA could recover the money, applying a policy-based approach to illegality

A driver is in a minor collision, suffers no physical injury, but his chronic fatigue illness becomes permanent. In Page v Smith, he could recover because:

1. AHe was a primary victim and personal injury of some kind was foreseeable
2. BPsychiatric injury is always recoverable after any road accident, however minor
3. CHe had a close tie of love with the other driver
4. DThe defendant intended to injure him

The defence of "illegality" (ex turpi causa) in tort means that:

1. AEvery claimant with a criminal record loses
2. BThe defendant cannot be sued if the defendant's own conduct towards the claimant was itself a criminal offence
3. CA claimant may be barred from recovering where the claim arises from their own serious illegal conduct
4. DOnly the state can bring the claim

Which rights in the ECHR are absolute and allow no derogation even in an emergency?

1. AThe prohibition of torture (Article 3)
2. BRight to respect for private life (Article 8)
3. CFreedom of expression (Article 10)
4. DFreedom of assembly (Article 11)

Under Osman v UK, a state breaches its positive obligation under Article 2 to protect a person from a third party if the authorities:

1. AKnew or ought to have known of a real and immediate risk to life, and failed to take reasonable measures
2. BFailed to prevent any crime in their area
3. CDid not provide round-the-clock police protection for every person who had reported any threat against them
4. DFailed to convict the person who later killed the victim

Joint enterprise (accessorial liability) after R v Jogee requires that the accessory:

1. AWas present at the scene by chance
2. BMerely foresaw as a real possibility that the principal might commit the crime
3. CIntended to assist or encourage the principal to commit the crime
4. DWas related to the principal

R v Gomez (1993) held that an appropriation in theft:

1. ACan occur even when the owner consents, if the consent was obtained by deception
2. BRequires that the act was not authorised by the owner, even if consent was obtained by fraud
3. COnly occurs when the defendant leaves the shop
4. DRequires a physical taking of the property

In Lawrie-Blum (1986), the Court defined a "worker" under Article 45 TFEU as a person who:

1. APerforms services for and under the direction of another in return for remuneration
2. BEarns at least the national minimum wage for a year
3. CIs registered with a national trade union
4. DHolds a permanent full-time contract of employment registered with the authorities of the host member state

In Wightman (2018), the Court of Justice held that a member state that has notified its intention to withdraw under Article 50 TEU:

1. AMay revoke the notification unilaterally, in an unequivocal and unconditional way, before withdrawal takes effect
2. BCan revoke it only after the withdrawal agreement enters into force
3. CCan revoke it only with the unanimous consent of the other member states
4. DCannot revoke the notification under any circumstances