1Practice problems
1.Contract lawMedium
An unusual and onerous term in standard conditions will only be incorporated if:
- AIt appears on the back of a receipt
- BIt is printed anywhere in the contract documents, however small the type
- CThe other party could have found it online
- DIt was fairly and reasonably brought to the other party's attention
2.Contract lawHard
Mutual mistake as to the existence of the subject matter (for example the goods no longer exist when contracting) usually makes the contract:
- AValid, with compensation set by the court
- BVoid
- CFully valid, with the buyer bearing the risk
- DVoidable at either party's option
3.Tort lawMedium
A house is built on defective foundations, approved by the local authority. Cracks appear and the owner sells at a loss. In Murphy v Brentwood DC, the loss was:
- ARecoverable only against the buyer
- BPure economic loss, not recoverable in negligence
- CPhysical damage, fully recoverable
- DRecoverable because the council approved the plans
4.Tort lawHard
A petrol station kiosk attendant racially abuses a customer, follows him outside and assaults him. In Mohamud v WM Morrison Supermarkets, the employer was:
- ANot liable, because the assault took place outside the kiosk and after the conversation ended
- BNot liable, because violence was not part of his job
- CVicariously liable, as the assault was closely connected to his job of serving customers
- DLiable only if it had trained him poorly
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
- BOnly Parliament could question the minister
- CThe minister had unlimited discretion
- DThe refusal was unlawful, as it frustrated the purpose of the Act
6.Constitutional lawHard
Walter Bagehot described the "efficient secret" of the English constitution as:
- AThe strict separation of all three powers
- BThe monarch's power to veto legislation
- CThe independence of the House of Lords
- DThe close union of the executive and legislative powers
7.Criminal lawMedium
D takes a college exam paper, reads it and returns it, planning to cheat. Following Oxford v Moss, D did not steal because:
- AConfidential information is not property under the Theft Act
- BExam papers have no economic value
- CThe paper itself was returned, so there was no intention to deprive
- DD was a student at the college
8.Criminal lawHard
In R v Collins (1973), a naked man was invited into a bedroom by a woman who mistook him for her boyfriend. His burglary conviction was quashed because:
- AA bedroom is not part of a building
- BBurglary requires breaking into the building, and the window was already open
- CHe had no intent to commit any offence
- DIt was unclear whether he had entered as a trespasser before her invitation
9.EU lawMedium
Internationale Handelsgesellschaft (1970) held that the validity of a Community measure:
- ACan be reviewed by any national court that doubts it
- BCannot be affected by claims that it breaches national constitutional rights
- CDepends on its compatibility with the fundamental rights in each national constitution
- DRequires approval by a national referendum
10.EU lawHard
Keck and Mithouard (1993) held that national rules on "selling arrangements" fall outside Article 34 TFEU if they:
- AAre adopted by local authorities
- BDiscriminate against imported products
- CApply to all traders in the national territory and affect domestic and imported products equally in law and fact
- DConcern the composition, labelling or packaging of products, even if they apply equally to all traders in the national territory
2Solutions
1.Contract law
Answer: D · It was fairly and reasonably brought to the other party's attention
Why this is the answer
Jurisdiction: law of England and Wales. The more unusual or onerous a term, the more must be done to draw attention to it. Lord Denning said some clauses would need a red hand pointing to them.
D · It was fairly and reasonably brought to the other party's attention
2.Contract law
Answer: B · Void
Why this is the answer
Jurisdiction: law of England and Wales. Where both parties assume the goods exist but they have already perished, the contract is void for common mistake (res extincta).
3.Tort law
Answer: B · Pure economic loss, not recoverable in negligence
Why this is the answer
Jurisdiction: law of England and Wales. The cost of repairing a defect in a building, or its reduced value, is pure economic loss. The House of Lords overruled Anns v Merton on this point.
B · Pure economic loss, not recoverable in negligence
4.Tort law
Answer: C · Vicariously liable, as the assault was closely connected to his job of serving customers
Why this is the answer
Jurisdiction: law of England and Wales. The Supreme Court held that the attendant's job was to deal with customers, and his conduct was an unbroken sequence connected to that role, so it was fair to hold the employer liable.
C · Vicariously liable, as the assault was closely connected to his job of serving customers
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 close union of the executive and legislative powers
Why this is the answer
Jurisdiction: law of England and Wales. Bagehot argued that the Cabinet, drawn from and dependent on Parliament, fused executive and legislature. This contrasts with the US-style separation of powers.
D · The close union of the executive and legislative powers
7.Criminal law
Answer: A · Confidential information is not property under the Theft Act
Why this is the answer
Jurisdiction: law of England and Wales. D kept only the information, which is not property capable of being stolen; the paper itself was not intended to be permanently taken.
A · Confidential information is not property under the Theft Act
8.Criminal law
Answer: D · It was unclear whether he had entered as a trespasser before her invitation
Why this is the answer
Jurisdiction: law of England and Wales. The prosecution had to prove he knew or was reckless that he was a trespasser at the moment of entry; if he was invited in before entering, he was not a trespasser.
D · It was unclear whether he had entered as a trespasser before her invitation
9.EU law
Answer: B · Cannot be affected by claims that it breaches national constitutional rights
Why this is the answer
Jurisdiction: EU law. The Court held that EU law prevails even over national constitutional rights, but that respect for fundamental rights forms part of the general principles of EU law that it protects.
B · Cannot be affected by claims that it breaches national constitutional rights
10.EU law
Answer: C · Apply to all traders in the national territory and affect domestic and imported products equally in law and fact
Why this is the answer
Jurisdiction: EU law. Keck distinguished product requirements (within Article 34) from non-discriminatory selling arrangements (outside it), limiting the broad Dassonville formula.
C · Apply to all traders in the national territory and affect domestic and imported products equally in law and fact