Introduction to Law: cram pack

Which of these will usually bar rescission for misrepresentation?

1. AThe contract was made in writing
2. BThe misrepresentation was made by a company
3. CThe innocent party affirms the contract after learning the truth
4. DThe misrepresentation was innocent rather than fraudulent or negligent

A builder agrees to finish work for an agreed price, then demands more money. The client pays to avoid delay and gets a practical benefit. In English law (Williams v Roffey), the promise to pay more may be:

1. AEnforceable only if made in writing
2. BA criminal offence
3. CUnenforceable, because performing an existing contractual duty can never be good consideration
4. DEnforceable, because the practical benefit can be consideration if there is no duress

A boarding-house warden employed by a school abuses the boys in his care. In Lister v Hesley Hall, the employer was:

1. ANot liable, because abuse is never within the course of the warden's employment
2. BVicariously liable, because the abuse was closely connected with his duties
3. CLiable only for its own negligent hiring
4. DNot liable, because the warden acted for himself

Intruders start a fire in an empty, locked cinema, which spreads to neighbouring buildings. The owner did not know of earlier break-ins. In Smith v Littlewoods, the owner was:

1. ALiable, because fire spreading is always foreseeable
2. BNot liable, because it had no knowledge of the risk
3. CStrictly liable under Rylands v Fletcher
4. DLiable, because occupiers must guard against all intruders

In Bellinger v Bellinger, the House of Lords could not read the marriage law to recognise a trans woman's marriage to a man, so it:

1. AMade a declaration of incompatibility
2. BStruck down the relevant provision
3. CReferred the case to Strasbourg
4. DRead the statute compatibly under section 3

Which statement about "horizontal effect" of human rights is correct?

1. AHorizontal effect means rights apply only to horizontal property boundaries
2. BRights can influence legal relations between private parties, often indirectly through courts
3. CPrivate parties can be brought directly before the Strasbourg court by individuals whose rights they breach
4. DRights apply only between states

D grabs V's handbag so forcefully that V's hand is pulled down. Following R v Clouden, this can be:

1. ABurglary, because the bag was V's property
2. BRobbery, because force was used on the person to steal
3. COnly theft, because there was no direct contact with V's body
4. DOnly battery, because the bag was not taken

In Tesco Supermarkets v Nattrass (1972), Tesco avoided liability because:

1. ACompanies can never commit offences that require proof of any mental element
2. BThe customer had not paid for the goods
3. CThe offence was a strict liability offence
4. DThe store manager was not part of the company's "directing mind and will"

In Dillenkofer (1996), the Court held that a complete failure to transpose a directive on time is:

1. AIn itself a sufficiently serious breach for state liability
2. BExcused if the state was busy with elections
3. CNever a ground for state liability
4. DSerious only if the Commission has first warned the state in a reasoned opinion

In Inuit Tapiriit Kanatami (2013), the Court interpreted "regulatory act" in Article 263(4) TFEU to mean:

1. AAn act of general application other than a legislative act
2. BAny act adopted by the Commission or the Council
3. CAny regulation, whether legislative or not
4. DAn act addressed to a specific individual