Introduction to Law: cram pack

An actress agrees to act only for one studio and not for any other during the contract. She leaves to act for a rival. The court is most likely to:

1. AOrder her to perform her contract with the studio
2. BRefuse any remedy, as personal services are involved
3. CGrant an injunction stopping her acting for the rival
4. DOrder her to pay the rival's profits to the court

A buyer purchases oats thinking they are old oats. The seller knows they are new, but made no statement or promise that they were old. Under Smith v Hughes:

1. AThe contract is voidable, because the seller's silence amounted to a misrepresentation
2. BThe seller had a duty to correct the buyer
3. CThe contract is binding, because a mistake about quality alone is not enough
4. DThe contract is void for unilateral mistake

A young man dives into a shallow lake in a public park despite warning signs and is paralysed. In Tomlinson v Congleton BC, the council was:

1. ALiable, because the signs were ignored by many
2. BLiable, because it did not destroy the beach
3. CNot liable, because the risk was obvious and voluntarily taken
4. DLiable for half of the damage

A council's water pipe to a block of flats leaks and causes an embankment to collapse, exposing a gas main. In Transco v Stockport MBC, the House of Lords held:

1. AThe council was liable in negligence for the leak
2. BRylands v Fletcher was abolished in English law
3. CThere was no Rylands liability, because supplying water by pipe was not a non-natural use
4. DThe council was strictly liable for all escaping water

In Lingens v Austria, the European Court of Human Rights held that politicians:

1. AHave no rights under Article 10
2. BAre fully protected from any criticism
3. CMust tolerate wider criticism than private individuals
4. DCannot sue for defamation at all

The government tried to stop publication of a former Cabinet minister's diaries. In AG v Jonathan Cape (the Crossman diaries case), the court held that:

1. AMinisters' diaries are always Crown property
2. BCourts can never restrain publication of political material
3. CThe convention of Cabinet secrecy is directly enforceable law, so publication of the diaries had to be restrained
4. DCabinet discussions could be protected as confidential, but the material was now too old to restrain

D parks his car on a police officer's foot by accident, then refuses to move it once told. Under Fagan v MPC, this is:

1. AA battery, because the act was continuing when the mens rea arose
2. BOnly criminal damage to the officer's shoe
3. CNo offence, because the original act was accidental and mens rea arose only afterwards
4. DA mere omission without any duty to act

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

The Cassis de Dijon judgment introduced:

1. AThe rule that indistinctly applicable measures can be justified only on the grounds listed exhaustively in Article 36 TFEU
2. BMutual recognition and mandatory requirements as justifications for indistinctly applicable measures
3. CEU citizenship
4. DState liability

In Plaumann (1963), a clementine importer challenged a Commission decision addressed to Germany. The Court held that a non-addressee is individually concerned only if:

1. AThey belong to the economic sector affected and carry on the commercial activity that the act regulates, like any other importer
2. BThey suffer a financial loss from the act
3. CThe act affects them because of attributes or circumstances that distinguish them from all other persons
4. DThey have written to the Commission before the act