1Practice problems
1.Contract lawMedium
A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:
- AThe full price with no deduction
- BNothing, because performance was not exact
- CThe price less the cost of putting the defects right
- DOnly payment for the materials used
2.Contract lawHard
A chartered ship is returned late, and the owner loses a very profitable follow-on charter. In The Achilleas, the House of Lords held the charterer was liable:
- AFor the whole profit lost on the follow-on charter, as it was foreseeable
- BFor punitive damages, because the delay was deliberate
- CFor no loss, because late return is not a breach
- DOnly for the market rate difference during the overrun period
3.Tort lawMedium
Under Montgomery v Lanarkshire Health Board, a doctor must inform a patient about:
- AOnly the risks other doctors would usually mention
- BNothing, unless the patient asks
- CMaterial risks of treatment and reasonable alternatives
- DEvery possible risk, however remote
4.Tort lawHard
The defence of "illegality" (ex turpi causa) in tort means that:
- AThe defendant cannot be sued if the defendant's own conduct towards the claimant was itself a criminal offence
- BOnly the state can bring the claim
- CA claimant may be barred from recovering where the claim arises from their own serious illegal conduct
- DEvery claimant with a criminal record loses
5.Constitutional lawMedium
A minister refuses to refer a complaint to a committee because the result might embarrass the government. In Padfield v Minister of Agriculture, the House of Lords held:
- AThe refusal was lawful, since the Act imposed no duty to give reasons
- BThe minister had unlimited discretion
- COnly Parliament could question the minister
- DThe refusal was unlawful, as it frustrated the purpose of the Act
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 prisons need security
- CThe policy was lawful, as prisoners have no privacy
- DThe blanket policy unlawfully interfered with legal professional privilege
7.Criminal lawMedium
D, who honestly but wrongly believes V is attacking a stranger, punches V. Following R v Williams (Gladstone), D:
- AIs judged on the facts as D honestly believed them to be
- BIs liable, because the mistaken belief was not based on reasonable grounds
- CIs liable, because the mistake was about the facts
- DMust prove the belief on the balance of probabilities
8.Criminal lawHard
Under the loss of control defence (Coroners and Justice Act 2009), the defence is NOT available if:
- AThe defendant acted in a considered desire for revenge
- BThe loss of control was not sudden
- CThe victim was a family member
- DThe defendant had been drinking that day
9.EU lawMedium
A member state grants a subsidy to a company without notifying the Commission. Under the state aid rules, the state:
- AHas acted lawfully if the subsidy was small in its view
- BMust pay a fine to every competitor
- CMust obtain approval from the European Parliament afterwards to legalise the aid
- DBreached the standstill obligation and may be required to recover the aid
10.EU lawHard
In Unión de Pequeños Agricultores (UPA, 2002), the Court of Justice held that the Plaumann test:
- AShould be relaxed, as the Advocate General proposed, to a "substantial adverse effect" test wherever no national remedy exists
- BCould not be relaxed by the Court, as effective remedies are the responsibility of national systems and treaty amendment
- CWas incompatible with the European Convention on Human Rights
- DApplies only to regulations, not to decisions
2Solutions
1.Contract law
Answer: C · The price less the cost of putting the defects right
Why this is the answer
Jurisdiction: law of England and Wales. Where an entire contract is substantially performed, the contractor can claim the price minus the cost of remedying defects. Contrast Bolton v Mahadeva, where defects were too serious.
C · The price less the cost of putting the defects right
2.Contract law
Answer: D · Only for the market rate difference during the overrun period
Why this is the answer
Jurisdiction: law of England and Wales. The majority held that the charterer had not assumed responsibility for the loss of an unusually profitable follow-on charter, given the general understanding in the shipping market.
D · Only for the market rate difference during the overrun period
3.Tort law
Answer: C · 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.
C · Material risks of treatment and reasonable alternatives
4.Tort law
Answer: C · 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.
C · A claimant may be barred from recovering where the claim arises from their own serious illegal conduct
5.Constitutional law
Answer: D · The refusal was unlawful, as it frustrated the purpose of the Act
Why this is the answer
Jurisdiction: law of England and Wales. A statutory discretion must be used for the purposes Parliament intended. Using it to avoid political embarrassment was an improper purpose.
D · The refusal was unlawful, as it frustrated the purpose of the Act
6.Constitutional law
Answer: D · 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.
D · The blanket policy unlawfully interfered with legal professional privilege
7.Criminal law
Answer: A · Is judged on the facts as D honestly believed them to be
Why this is the answer
Jurisdiction: law of England and Wales. D may rely on self-defence if the force was reasonable in the circumstances as D genuinely believed them to be; reasonableness of the belief is only evidence of whether it was held.
A · Is judged on the facts as D honestly believed them to be
8.Criminal law
Answer: A · The defendant acted in a considered desire for revenge
Why this is the answer
Jurisdiction: law of England and Wales. Section 54(2) states the loss of control need not be sudden, but section 54(4) excludes cases where the defendant acted in a considered desire for revenge.
A · The defendant acted in a considered desire for revenge
9.EU law
Answer: D · Breached the standstill obligation and may be required to recover the aid
Why this is the answer
Jurisdiction: EU law. New aid must be notified and not implemented until approved; unlawful aid found incompatible must be recovered from the beneficiary with interest.
D · Breached the standstill obligation and may be required to recover the aid
10.EU law
Answer: B · Could not be relaxed by the Court, as effective remedies are the responsibility of national systems and treaty amendment
Why this is the answer
Jurisdiction: EU law. The Court refused to widen standing, stating that member states must provide remedies (now Article 19(1) TEU) and that any change required treaty amendment.
B · Could not be relaxed by the Court, as effective remedies are the responsibility of national systems and treaty amendment