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. COnly payment for the materials used
  4. DThe price less the cost of putting the defects right
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. AOnly for the market rate difference during the overrun period
  2. BFor punitive damages, because the delay was deliberate
  3. CFor no loss, because late return is not a breach
  4. DFor the whole profit lost on the follow-on charter, as it was foreseeable
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

A worker gets dermatitis from brick dust. The employer did not provide washing facilities, but science could not show that washing would have prevented it. In McGhee v National Coal Board:

  1. AThe employer was liable for half the damages only
  2. BThe employer was not liable, because the "but for" test could not be satisfied
  3. CThe worker was barred by consenting to the risk
  4. DThe employer was liable, because its breach materially increased the risk
5.Constitutional lawMedium

Parliamentary sovereignty (as described by Dicey) means that:

  1. ACourts can strike down any Act of Parliament that conflicts with common law rights
  2. BParliament can make or unmake any law, and no body can override its Acts
  3. CThe executive can override Parliament
  4. DParliament must obey previous Parliaments
6.Constitutional lawHard

Soldiers shoot dead three suspected terrorists in Gibraltar. In McCann v UK, the European Court of Human Rights found a breach of Article 2 because:

  1. AThe operation was not planned and controlled to minimise the use of lethal force
  2. BThe soldiers acted out of personal hatred
  3. CThe UK had not ratified the Convention for Gibraltar
  4. DAny killing by state agents breaches Article 2
7.Criminal lawMedium

D supplies heroin to V, an adult, who freely and knowingly injects herself and dies. According to R v Kennedy (No 2), D is:

  1. AGuilty of manslaughter, because V's choice is irrelevant
  2. BGuilty of manslaughter, because supply always causes the death
  3. CGuilty of unlawful act manslaughter, because supplying a class A drug is itself unlawful and dangerous
  4. DNot guilty of manslaughter, because V's free and informed choice broke the chain of causation
8.Criminal lawHard

In R v Malcherek and Steel (1981), doctors switched off life-support machines after diagnosing brain death. The court held:

  1. AThe victims died of natural causes in law
  2. BThe defendants were guilty only of attempted murder
  3. CSwitching off did not break the chain; the original assailants caused the deaths
  4. DThe doctors became the legal cause of death by deliberately switching off the machines
9.EU lawMedium

Francovich (1991) established that:

  1. AIndividuals can enforce unimplemented directives directly against private employers
  2. BThe Commission can annul national laws
  3. CMember states can be liable to pay damages for failing to implement a directive
  4. DDirectives have horizontal direct effect
10.EU lawHard

EU citizenship case law (Zambrano) established that a third-country national parent of a child who is an EU citizen may have a right of residence when:

  1. AThe parent has lived lawfully in the child's member state for at least five years before applying for residence
  2. BRefusal would deprive the child of the genuine enjoyment of the substance of EU citizenship rights
  3. CThe child is older than 18
  4. DThe parent pays a residence fee

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.

Answer

D · The price less the cost of putting the defects right
2.Contract law

Answer: A · 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

A · 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: D · The employer was liable, because its breach materially increased the risk

Why this is the answer

Jurisdiction: law of England and Wales. The House of Lords treated a material increase in risk as equivalent to a material contribution to the harm. Fairchild later explained McGhee as a special exception to normal causation.

Answer

D · The employer was liable, because its breach materially increased the risk
5.Constitutional law

Answer: B · Parliament can make or unmake any law, and no body can override its Acts

Why this is the answer

Jurisdiction: law of England and Wales. In Dicey's classic account, Parliament has unlimited legislative power and its Acts cannot be set aside by courts, although EU membership and the Human Rights Act raised complications.

Answer

B · Parliament can make or unmake any law, and no body can override its Acts
6.Constitutional law

Answer: A · The operation was not planned and controlled to minimise the use of lethal force

Why this is the answer

Jurisdiction: European Convention on Human Rights. Force must be absolutely necessary. The Court found that the planning and control of the operation, including assumptions passed to the soldiers, did not respect the right to life.

Answer

A · The operation was not planned and controlled to minimise the use of lethal force
7.Criminal law

Answer: D · Not guilty of manslaughter, because V's free and informed choice broke the chain of causation

Why this is the answer

Jurisdiction: law of England and Wales. Kennedy (No 2) held that the free, deliberate and informed self-injection by an adult broke the chain, so the supplier did not cause the death.

Answer

D · Not guilty of manslaughter, because V's free and informed choice broke the chain of causation
8.Criminal law

Answer: C · Switching off did not break the chain; the original assailants caused the deaths

Why this is the answer

Jurisdiction: law of England and Wales. Where treatment is given in good faith and the original wound remains an operating cause, the defendant remains the legal cause of death.

Answer

C · Switching off did not break the chain; the original assailants caused the deaths
9.EU law

Answer: C · Member states can be liable to pay damages for failing to implement a directive

Why this is the answer

Jurisdiction: EU law. State liability arises where the rule confers rights on individuals, the breach is sufficiently serious and there is a direct causal link to the damage (refined in Brasserie du Pêcheur).

Answer

C · Member states can be liable to pay damages for failing to implement a directive
10.EU law

Answer: B · Refusal would deprive the child of the genuine enjoyment of the substance of EU citizenship rights

Why this is the answer

Jurisdiction: EU law. Article 20 TFEU precludes measures forcing a child citizen to leave EU territory as a whole, which can give a dependent parent a derived right of residence.

Answer

B · Refusal would deprive the child of the genuine enjoyment of the substance of EU citizenship rights

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