Introduction to Law: cram pack

Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.

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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:

  1. AThe full price with no deduction
  2. BNothing, because performance was not exact
  3. CThe price less the cost of putting the defects right
  4. 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:

  1. AFor the whole profit lost on the follow-on charter, as it was foreseeable
  2. BFor punitive damages, because the delay was deliberate
  3. CFor no loss, because late return is not a breach
  4. 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:

  1. AOnly the risks other doctors would usually mention
  2. BNothing, unless the patient asks
  3. CMaterial risks of treatment and reasonable alternatives
  4. DEvery possible risk, however remote
4.Tort lawHard

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

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

  1. AThe refusal was lawful, since the Act imposed no duty to give reasons
  2. BThe minister had unlimited discretion
  3. COnly Parliament could question the minister
  4. 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:

  1. AThe policy was unlawful only for unconvicted prisoners held on remand awaiting trial
  2. BThe policy was lawful, as prisons need security
  3. CThe policy was lawful, as prisoners have no privacy
  4. 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:

  1. AIs judged on the facts as D honestly believed them to be
  2. BIs liable, because the mistaken belief was not based on reasonable grounds
  3. CIs liable, because the mistake was about the facts
  4. 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:

  1. AThe defendant acted in a considered desire for revenge
  2. BThe loss of control was not sudden
  3. CThe victim was a family member
  4. 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:

  1. AHas acted lawfully if the subsidy was small in its view
  2. BMust pay a fine to every competitor
  3. CMust obtain approval from the European Parliament afterwards to legalise the aid
  4. 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:

  1. AShould be relaxed, as the Advocate General proposed, to a "substantial adverse effect" test wherever no national remedy exists
  2. BCould not be relaxed by the Court, as effective remedies are the responsibility of national systems and treaty amendment
  3. CWas incompatible with the European Convention on Human Rights
  4. 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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

B · Could not be relaxed by the Court, as effective remedies are the responsibility of national systems and treaty amendment

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