Introduction to Law: cram pack

Frustration of contract occurs when:

1. AThe contract was badly drafted
2. BPerformance becomes more expensive or more difficult than either party expected
3. CAn unforeseen event makes performance impossible or radically different
4. DOne party regrets the bargain

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 no loss, because late return is not a breach
2. BOnly for the market rate difference during the overrun period
3. CFor punitive damages, because the delay was deliberate
4. DFor the whole profit lost on the follow-on charter, as it was foreseeable

A man bangs trays and shouts every time his neighbour, a music teacher, gives lessons, purely to annoy her. In Christie v Davey, the court held:

1. AHis malice made the noise an unreasonable use of land and a nuisance
2. BOnly the police could deal with the noise
3. CMusic lessons are themselves a nuisance
4. DIntention is irrelevant in nuisance, so his motive could not affect the claim

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

In the Factortame litigation, while the UK was an EU member, the House of Lords:

1. ADisapplied parts of an Act of Parliament that conflicted with EU law
2. BHeld that EU law could never limit Acts of Parliament
3. CReferred the matter to the European Court of Human Rights
4. DDeclared the European Communities Act 1972 invalid

In the Case of Proclamations (1610), the court held that the King:

1. ACould change any law by proclamation
2. BCould not create new offences by proclamation
3. CCould dismiss judges who disagreed
4. DCould suspend Acts of Parliament

Strict liability offences are offences where:

1. ANo mens rea is required for at least one element of the actus reus
2. BOnly intentional acts count
3. CThe defendant must confess
4. DLiability arises only if the defendant was negligent as to every element

In R v Cunningham (1957), D tore a gas meter off a wall to steal money; gas leaked and poisoned a neighbour. The court held "maliciously" means:

1. AIntending the harm or foreseeing the risk of it and taking it anyway
2. BActing with wickedness or ill will towards the victim, as in ordinary usage
3. CActing in a way that is against the law
4. DFailing to notice a risk an ordinary person would see

Under Directive 2004/38, an EU citizen may reside in another member state for up to three months:

1. AOnly if they prove sufficient resources and comprehensive sickness insurance
2. BOnly if they register with the police on arrival
3. COnly if they have a job offer in that state
4. DWith only a valid identity card or passport and no other conditions

The Kadi judgment (2008) is significant because the CJEU held that:

1. AUN Security Council resolutions always prevail over EU fundamental rights under the UN Charter
2. BEU measures implementing UN Security Council resolutions must respect EU fundamental rights
3. CThe EU has no competence in foreign policy
4. DIndividuals can never challenge sanctions