1Practice problems
1.Contract lawMedium
An offer says acceptance must be made "by notice in writing to us". The offeree posts an acceptance, which is lost. Under Holwell Securities v Hughes:
- AThe contract is void for common mistake
- BA contract was formed when the offeree decided to accept
- CThere is no contract, because actual notice was required
- DA contract was formed when the letter was posted
2.Contract lawHard
A former spy publishes his memoirs in breach of his undertaking not to disclose official information. In AG v Blake, the House of Lords:
- AHeld that no remedy was available
- BAwarded only nominal damages
- CAwarded punitive damages to the Crown
- DOrdered him to account for his profits, in an exceptional case
3.Tort lawMedium
Police officers who helped at the Hillsborough disaster suffered psychiatric injury. In White v Chief Constable of South Yorkshire, their claims:
- ASucceeded, because rescuers are always treated as primary victims in English law
- BFailed, because the police can never sue their employer
- CFailed, because they were not in physical danger and were not primary victims
- DSucceeded, because they were employees of the defendant
4.Tort lawHard
In Hedley Byrne v Heller, liability for negligent misstatement arose because:
- AThe defendant intended to deceive
- BThere was a special relationship in which the claimant reasonably relied on advice given with skill
- CThere was a contract between the parties under which the bank was paid a fee for the reference it gave
- DThe statement caused physical injury
5.Constitutional lawMedium
To amend the Dutch Constitution under Article 137:
- AA proposal is passed, elections follow, and then both chambers must approve it by two-thirds
- BA simple majority in both chambers is enough, after which the King must sign the amendment into law
- CThe King and the Council of State decide it
- DA national referendum must approve it
6.Constitutional lawHard
Walter Bagehot described the "efficient secret" of the English constitution as:
- AThe independence of the House of Lords
- BThe strict separation of all three powers
- CThe close union of the executive and legislative powers
- DThe monarch's power to veto legislation
7.Criminal lawMedium
D attacks someone while sleepwalking. Following R v Burgess, the correct defence is:
- ANon-insane automatism, because sleep is natural
- BSelf-defence, because D was dreaming of an attack
- CInsanity, because sleepwalking was caused by an internal factor
- DInvoluntary intoxication, because D was not aware
8.Criminal lawHard
R v Gomez (1993) held that an appropriation in theft:
- ARequires a physical taking of the property
- BOnly occurs when the defendant leaves the shop
- CRequires that the act was not authorised by the owner, even if consent was obtained by fraud
- DCan occur even when the owner consents, if the consent was obtained by deception
9.EU lawMedium
Francovich (1991) established that:
- ADirectives have horizontal direct effect
- BMember states can be liable to pay damages for failing to implement a directive
- CIndividuals can enforce unimplemented directives directly against private employers
- DThe Commission can annul national laws
10.EU lawHard
In Defrenne v Sabena (No 2), the Court held that the principle of equal pay for men and women (now Article 157 TFEU):
- AHas both vertical and horizontal direct effect
- BHas no direct effect
- CApplies only to public employers
- DRequires a directive before it can be applied
2Solutions
1.Contract law
Answer: C · There is no contract, because actual notice was required
Why this is the answer
Jurisdiction: law of England and Wales. The postal rule can be excluded by the offer's terms. Requiring "notice to" the offeror means the acceptance must actually reach them.
C · There is no contract, because actual notice was required
2.Contract law
Answer: D · Ordered him to account for his profits, in an exceptional case
Why this is the answer
Jurisdiction: law of England and Wales. Account of profits for breach of contract is exceptional, available only where other remedies are inadequate and the claimant has a legitimate interest in preventing the defendant's profit.
D · Ordered him to account for his profits, in an exceptional case
3.Tort law
Answer: C · Failed, because they were not in physical danger and were not primary victims
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords held that employees and rescuers must meet the normal rules. Without being in danger or reasonably believing they were, they were secondary victims and failed the Alcock criteria.
C · Failed, because they were not in physical danger and were not primary victims
4.Tort law
Answer: B · There was a special relationship in which the claimant reasonably relied on advice given with skill
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords recognised a duty for statements where there is an assumption of responsibility and reasonable reliance, although the bank's disclaimer protected it there.
B · There was a special relationship in which the claimant reasonably relied on advice given with skill
5.Constitutional law
Answer: A · A proposal is passed, elections follow, and then both chambers must approve it by two-thirds
Why this is the answer
Jurisdiction: Dutch law. After the first reading, a new House of Representatives must be elected before the second reading. In the second reading, a two-thirds majority is needed in both chambers.
A · A proposal is passed, elections follow, and then both chambers must approve it by two-thirds
6.Constitutional law
Answer: C · 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.
C · The close union of the executive and legislative powers
7.Criminal law
Answer: C · Insanity, because sleepwalking was caused by an internal factor
Why this is the answer
Jurisdiction: law of England and Wales. Burgess held that the sleepwalking arose from an internal factor that could recur, so it was a disease of the mind under the M'Naghten Rules.
C · Insanity, because sleepwalking was caused by an internal factor
8.Criminal law
Answer: D · Can occur even when the owner consents, if the consent was obtained by deception
Why this is the answer
Jurisdiction: law of England and Wales. Gomez held that any assumption of the rights of an owner is an appropriation, whether or not the owner consented, overruling the narrower view in Morris.
D · Can occur even when the owner consents, if the consent was obtained by deception
9.EU law
Answer: B · 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).
B · Member states can be liable to pay damages for failing to implement a directive
10.EU law
Answer: A · Has both vertical and horizontal direct effect
Why this is the answer
Jurisdiction: EU law. The equal pay provision was held directly effective, enforceable against private employers as well as the state, with limited temporal effect.
A · Has both vertical and horizontal direct effect