1Practice problems
1.Contract lawMedium
A former wife sues for maintenance her ex-husband promised, relying only on promissory estoppel because she gave no consideration. In Combe v Combe:
- AShe failed, because promissory estoppel is a shield, not a sword
- BShe succeeded, because the promise was made in writing
- CShe succeeded, because she relied on the promise
- DShe failed, because family agreements are never legally binding on either party
2.Contract lawHard
A client repudiates an advertising contract the same day it is made. The agency ignores this, displays the adverts for the full period and sues for the price. In White and Carter v McGregor:
- AThe agency could recover the full price
- BThe agency had to obtain a court order first
- CThe agency could only claim damages after mitigating
- DThe agency could recover nothing
3.Tort lawMedium
Under Montgomery v Lanarkshire Health Board, a doctor must inform a patient about:
- ANothing, unless the patient asks
- BEvery possible risk, however remote
- COnly the risks other doctors would usually mention
- DMaterial risks of treatment and reasonable alternatives
4.Tort lawHard
After a workplace injury weakens his leg, a man walks down steep stairs with no handrail while carrying a child, his leg gives way, and he jumps and breaks his ankle. In McKew v Holland and Hannen and Cubitts:
- AThe employer was liable for the ankle injury as a foreseeable result
- BHis unreasonable conduct broke the chain of causation
- CThe stairs' owner was solely liable
- DThe employer was liable for half of the ankle injury
5.Constitutional lawMedium
In Dudgeon v UK, the European Court of Human Rights held that criminalising consensual homosexual acts between adult men in Northern Ireland:
- AWas outside the scope of the Convention
- BWas justified under Article 8(2) as necessary to protect public morals
- CViolated only the right to marry
- DViolated the right to respect for private life under Article 8
6.Constitutional lawHard
In Miller II (2019), the UK Supreme Court found the prorogation of Parliament unlawful because:
- AIt frustrated Parliament's constitutional functions without reasonable justification
- BThe Queen refused to approve it
- CIt was decided by a referendum
- DIt violated Article 3 of Protocol 1 ECHR by interfering with the right to free elections
7.Criminal lawMedium
During a burglary, D has handed a knife to an accomplice. When someone arrives, D says "come on, let's go" and climbs out; the accomplice stabs the person. Following R v Becerra, D's withdrawal is:
- ANot effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
- BEffective, because any words of withdrawal are always enough
- CEffective, because D left before the crime was completed
- DIrrelevant, because once an accessory has supplied a weapon, no later act of withdrawal can ever relieve them of liability
8.Criminal lawHard
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:
- AWas a positive act of killing, amounting to murder
- BWas lawful because the patient had made an advance decision
- CWas an omission that was lawful because continued treatment was no longer in the patient's best interests
- DWas lawful only because the patient's family had given consent, which is required for any such withdrawal
9.EU lawMedium
According to Gebhard (1995), what mainly distinguishes establishment from the provision of services?
- AServices are provided only through a permanent office or branch in the host member state
- BEstablishment always requires forming a company
- CServices can only be provided by employees
- DEstablishment involves activity on a stable and continuous basis in the host state
10.EU lawHard
In Köbler (2003), the Court of Justice held that state liability can arise from:
- ADecisions of the Court of Justice itself
- BA manifest infringement of EU law by a national court of last instance
- CAny error of interpretation made by a national court of first instance, however minor
- DOnly failures of the national legislature
2Solutions
1.Contract law
Answer: A · She failed, because promissory estoppel is a shield, not a sword
Why this is the answer
Jurisdiction: law of England and Wales. Promissory estoppel can stop a promisor enforcing strict rights, but it cannot be used to found a claim where there is no consideration.
A · She failed, because promissory estoppel is a shield, not a sword
2.Contract law
Answer: A · The agency could recover the full price
Why this is the answer
Jurisdiction: law of England and Wales. An innocent party may affirm and perform the contract and claim the price, if it can do so without the other's cooperation. Later cases limit this where it has no legitimate interest in performing.
A · The agency could recover the full price
3.Tort law
Answer: D · 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.
D · Material risks of treatment and reasonable alternatives
4.Tort law
Answer: B · His unreasonable conduct broke the chain of causation
Why this is the answer
Jurisdiction: law of England and Wales. The claimant's own unreasonable conduct can be a new intervening act. Knowing his leg was weak, he acted unreasonably, so the employer was not liable for the second injury.
B · His unreasonable conduct broke the chain of causation
5.Constitutional law
Answer: D · Violated the right to respect for private life under Article 8
Why this is the answer
Jurisdiction: European Convention on Human Rights. The Court held that criminalising private consensual sexual acts was not necessary in a democratic society and breached Article 8.
D · Violated the right to respect for private life under Article 8
6.Constitutional law
Answer: A · It frustrated Parliament's constitutional functions without reasonable justification
Why this is the answer
Jurisdiction: law of England and Wales. The Court held the prorogation was justiciable and unlawful as it prevented Parliament from carrying out its functions without reasonable justification, so it was void.
A · It frustrated Parliament's constitutional functions without reasonable justification
7.Criminal law
Answer: A · Not effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
Why this is the answer
Jurisdiction: law of England and Wales. Becerra held that once the crime was under way and violence imminent, a hurried statement and departure did not amount to effective withdrawal.
A · Not effective, because withdrawal must be timely and unequivocal and may need more than words once violence is imminent
8.Criminal law
Answer: C · Was an omission that was lawful because continued treatment was no longer in the patient's best interests
Why this is the answer
Jurisdiction: law of England and Wales. Withdrawal was an omission, and doctors had no duty to continue treatment that was not in the patient's best interests, so no offence was committed.
C · Was an omission that was lawful because continued treatment was no longer in the patient's best interests
9.EU law
Answer: D · Establishment involves activity on a stable and continuous basis in the host state
Why this is the answer
Jurisdiction: EU law. Establishment means pursuing an economic activity through a fixed presence for an indefinite period; services are temporary, though the provider may have some infrastructure.
D · Establishment involves activity on a stable and continuous basis in the host state
10.EU law
Answer: B · A manifest infringement of EU law by a national court of last instance
Why this is the answer
Jurisdiction: EU law. Köbler extended Francovich liability to judicial decisions of final courts, but only where the court manifestly infringed applicable EU law.
B · A manifest infringement of EU law by a national court of last instance