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
- BOnly payment for the materials used
- CNothing, because performance was not exact
- DThe price less the cost of putting the defects right
2.Contract lawHard
A van is bought "on hire-purchase terms" with no further detail, and such terms varied widely in practice. In Scammell v Ouston, the House of Lords held:
- AThere was a contract on the standard hire-purchase terms of the market
- BThere was no contract, because the terms were too vague
- CThe seller's usual terms applied
- DThere was a contract at a reasonable price
3.Tort lawMedium
Contractors negligently cut a power cable, damaging the melt in a factory's furnace and stopping further production. In Spartan Steel v Martin, the factory recovered:
- AAll profits lost while the power was off
- BNothing, because all the losses were economic and none was physical damage
- COnly the cost of repairing the cable
- DThe damaged melt and its lost profit, but not profit on further melts
4.Tort lawHard
Under section 3 of the Defamation Act 2013, the honest opinion defence requires that the statement:
- AWas published by a professional journalist
- BWas made with no intention to harm
- CWas an opinion, indicated its basis, and an honest person could have held it on the facts
- DWas a statement of fact, indicated its source, and was shown to be substantially true by the defendant
5.Constitutional lawMedium
Proportionality review usually asks whether a measure:
- APursues a legitimate aim, is suitable, necessary and balanced
- BIs popular with voters
- CWas adopted quickly
- DIs the cheapest option available and has been approved by parliament
6.Constitutional lawHard
The legitimate expectation doctrine protects individuals when:
- AA contract with the government exists and the public body later fails to perform its contractual obligations
- BAny person hopes for a favourable decision
- CA public body made a clear promise or established practice that it then seeks to depart from unfairly
- DA minister speaks in Parliament
7.Criminal lawMedium
D puts poison in V's drink intending to kill her, but V dies of an unrelated heart attack before the poison works. D is guilty of:
- AManslaughter
- BAttempted murder
- CNo offence at all
- DMurder
8.Criminal lawHard
In "Thabo Meli v R", the defendants beat the victim, believed him dead and threw him off a cliff, where he died of exposure. The court held:
- AThere was no murder because the mens rea existed only before the act that actually caused death
- BThe victim's death was not caused by the defendants
- CThe defendants were guilty only of attempted murder
- DThe series of acts formed one transaction, so actus reus and mens rea coincided
9.EU lawMedium
The preliminary reference procedure under Article 267 TFEU allows:
- AThe Parliament to dismiss judges
- BNational courts to ask the CJEU questions on the interpretation or validity of EU law
- CThe Commission to fine member states
- DIndividuals to bring actions against member states directly before the Court of Justice in Luxembourg
10.EU lawHard
In R v Henn and Darby (1979), a UK ban on importing pornographic material was held to be:
- AA customs duty contrary to Article 30
- BJustified on grounds of public morality under Article 36
- COutside Article 34 because it concerned only books
- DUnjustified because the UK allowed some domestic pornography
2Solutions
1.Contract law
Answer: D · 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.
D · The price less the cost of putting the defects right
2.Contract law
Answer: B · There was no contract, because the terms were too vague
Why this is the answer
Jurisdiction: law of England and Wales. An agreement is not a contract if its essential terms are too uncertain for the court to give them meaning. In Hillas v Arcos, a previous contract and trade practice allowed the court to fill the gap.
B · There was no contract, because the terms were too vague
3.Tort law
Answer: D · The damaged melt and its lost profit, but not profit on further melts
Why this is the answer
Jurisdiction: law of England and Wales. Physical damage and the economic loss consequent on it were recoverable. The loss of profit on melts that could not be started was pure economic loss and not recoverable.
D · The damaged melt and its lost profit, but not profit on further melts
4.Tort law
Answer: C · Was an opinion, indicated its basis, and an honest person could have held it on the facts
Why this is the answer
Jurisdiction: law of England and Wales. The defence protects comment, not statements of fact. It is defeated if the claimant shows the defendant did not actually hold the opinion.
C · Was an opinion, indicated its basis, and an honest person could have held it on the facts
5.Constitutional law
Answer: A · Pursues a legitimate aim, is suitable, necessary and balanced
Why this is the answer
Jurisdiction: general principle, found in most legal systems. A proportionate measure serves a legitimate aim, is suitable to achieve it, goes no further than necessary and strikes a fair balance between interests.
A · Pursues a legitimate aim, is suitable, necessary and balanced
6.Constitutional law
Answer: C · A public body made a clear promise or established practice that it then seeks to depart from unfairly
Why this is the answer
Jurisdiction: law of England and Wales. A clear, unambiguous representation can create a procedural or substantive legitimate expectation; departing from it may be an abuse of power unless justified by an overriding public interest.
C · A public body made a clear promise or established practice that it then seeks to depart from unfairly
7.Criminal law
Answer: B · Attempted murder
Why this is the answer
Jurisdiction: law of England and Wales. The poison was not a factual cause of death, so there is no murder, but D's intent and acts more than merely preparatory make D guilty of attempted murder.
8.Criminal law
Answer: D · The series of acts formed one transaction, so actus reus and mens rea coincided
Why this is the answer
Jurisdiction: law of England and Wales. The Privy Council treated the beating and disposal as one continuous plan, so the intent to kill coincided with the acts causing death.
D · The series of acts formed one transaction, so actus reus and mens rea coincided
9.EU law
Answer: B · National courts to ask the CJEU questions on the interpretation or validity of EU law
Why this is the answer
Jurisdiction: EU law. National courts may (and courts of last instance must, subject to CILFIT exceptions) refer questions to the CJEU, whose answer binds the referring court.
B · National courts to ask the CJEU questions on the interpretation or validity of EU law
10.EU law
Answer: B · Justified on grounds of public morality under Article 36
Why this is the answer
Jurisdiction: EU law. The ban was an MEQR but justified, as there was no lawful trade in such goods within the UK, so the restriction was not arbitrary discrimination.
B · Justified on grounds of public morality under Article 36