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

Police provide extra officers at a mine during a strike, beyond what their public duty requires, at the owner's request. The owner's promise to pay is:

  1. AUnenforceable, because police protection can never be consideration for a promise
  2. BVoid, because it is contrary to public policy
  3. CEnforceable, because doing more than a public duty is consideration
  4. DEnforceable only if approved by Parliament
2.Contract lawHard

An employment contract forbids the employee from working for any competitor anywhere in the world for 20 years after leaving. In English law this clause is most likely:

  1. AEnforceable for the first five years only
  2. BEnforceable if the employer is a large company
  3. CUnenforceable, as an unreasonable restraint of trade
  4. DEnforceable, because the employee agreed to it
3.Tort lawMedium

A council leaves an abandoned boat on its land. Two boys jack it up to repair it, and it falls and injures one. In Jolley v Sutton LBC, the council was:

  1. ANot liable, because the boys' exact actions were unforeseeable
  2. BLiable, because the broad type of accident was foreseeable
  3. CLiable only to the boy who used the jack
  4. DNot liable, because repairs are not play
4.Tort lawHard

A surveyor values a modest house for a mortgage lender, knowing the buyer will rely on it. The report is negligent and contains a disclaimer. In Smith v Eric S Bush, the House of Lords held:

  1. AThe lender alone could sue the surveyor
  2. BThe disclaimer excluded all liability to the buyer
  3. CThe surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
  4. DThe surveyor owed no duty, because the buyer was not the client who commissioned the report
5.Constitutional lawMedium

After Burmah Oil v Lord Advocate held that compensation was due for property destroyed during the war, Parliament passed the War Damage Act 1965, which:

  1. ARemoved the right to compensation retrospectively
  2. BIncreased the compensation payable
  3. CRequired the courts to hear the case again
  4. DWas struck down by the courts
6.Constitutional lawHard

A woman with a terminal illness asks for a guarantee that her husband will not be prosecuted for helping her die. In Pretty v UK, the European Court of Human Rights held that Article 2:

  1. ARequires states to allow assisted suicide
  2. BWas not engaged by her case at all
  3. CRequires an immunity for her husband
  4. DDoes not include a right to die
7.Criminal lawMedium

D, who honestly but wrongly believes V is attacking a stranger, punches V. Following R v Williams (Gladstone), D:

  1. AIs liable, because the mistake was about the facts
  2. BIs liable, because the mistaken belief was not based on reasonable grounds
  3. CMust prove the belief on the balance of probabilities
  4. DIs judged on the facts as D honestly believed them to be
8.Criminal lawHard

In Airedale NHS Trust v Bland (1993), the House of Lords held that withdrawing life-sustaining treatment from a patient in a persistent vegetative state:

  1. AWas a positive act of killing, amounting to murder
  2. BWas lawful only because the patient's family had given consent, which is required for any such withdrawal
  3. CWas an omission that was lawful because continued treatment was no longer in the patient's best interests
  4. DWas lawful because the patient had made an advance decision
9.EU lawMedium

In Foster v British Gas (1990), the Court held that a directive can be relied on against a body that is:

  1. AMade responsible by the state for a public service under its control, with special powers
  2. BOwned by private shareholders but regulated by law
  3. CAny large company with more than 500 employees
  4. DAny private body that receives a public contract from the state, whatever its powers or functions
10.EU lawHard

Altmark Trans (2003) set conditions under which compensation for public service obligations:

  1. AMust be approved by the European Parliament
  2. BIs always prohibited state aid
  3. CIs not state aid because it confers no advantage
  4. DCan only be paid to state-owned companies

2Solutions

1.Contract law

Answer: C · Enforceable, because doing more than a public duty is consideration

Why this is the answer

Jurisdiction: law of England and Wales. Performing an existing public duty is not consideration, but going beyond it is. Here the police provided more protection than they judged necessary, so payment was due.

Answer

C · Enforceable, because doing more than a public duty is consideration
2.Contract law

Answer: C · Unenforceable, as an unreasonable restraint of trade

Why this is the answer

Jurisdiction: law of England and Wales. Restraints of trade are void unless reasonable to protect a legitimate interest, such as trade secrets or customer connections. A worldwide 20-year ban on an ordinary employee goes far beyond that.

Answer

C · Unenforceable, as an unreasonable restraint of trade
3.Tort law

Answer: B · Liable, because the broad type of accident was foreseeable

Why this is the answer

Jurisdiction: law of England and Wales. The House of Lords held that it was foreseeable that children would meddle with the boat and be injured, and the precise way they did so did not need to be foreseen.

Answer

B · Liable, because the broad type of accident was foreseeable
4.Tort law

Answer: C · The surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test

Why this is the answer

Jurisdiction: law of England and Wales. The surveyor knew the buyer would rely on the valuation, which created a duty. Under UCTA, the disclaimer was not fair and reasonable for an ordinary house purchase.

Answer

C · The surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
5.Constitutional law

Answer: A · Removed the right to compensation retrospectively

Why this is the answer

Jurisdiction: law of England and Wales. Parliament reversed the court decision with retrospective effect. This shows that Parliament can change the law, even with backward effect, and the courts will apply it.

Answer

A · Removed the right to compensation retrospectively
6.Constitutional law

Answer: D · Does not include a right to die

Why this is the answer

Jurisdiction: European Convention on Human Rights. Article 2 cannot be interpreted as giving the opposite right to choose death. The Court also accepted that Article 8 was engaged but that the ban on assisted suicide was justified.

Answer

D · Does not include a right to die
7.Criminal law

Answer: D · 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

D · Is judged on the facts as D honestly believed them to be
8.Criminal law

Answer: C · Was an omission that was lawful because continued treatment was no longer in the patient's best interests

Why this is the answer

Jurisdiction: law of England and Wales. Withdrawal was an omission, and doctors had no duty to continue treatment that was not in the patient's best interests, so no offence was committed.

Answer

C · Was an omission that was lawful because continued treatment was no longer in the patient's best interests
9.EU law

Answer: A · Made responsible by the state for a public service under its control, with special powers

Why this is the answer

Jurisdiction: EU law. A body providing a public service under state control and with special powers beyond normal rules between individuals counts as the state for vertical direct effect.

Answer

A · Made responsible by the state for a public service under its control, with special powers
10.EU law

Answer: C · Is not state aid because it confers no advantage

Why this is the answer

Jurisdiction: EU law. If the obligations are clearly defined, parameters are set in advance, compensation does not exceed costs plus reasonable profit, and costs reflect an efficient undertaking or tender, there is no advantage and no aid.

Answer

C · Is not state aid because it confers no advantage

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