Introduction to Law: cram pack

Damages for breach of contract are generally meant to:

1. AReturn both parties only to the position they were in before the contract was made
2. BPut the innocent party in the position as if the contract had been performed
3. CPunish the party in breach
4. DGive the innocent party a profit beyond their loss

A contract states it can be varied only in signed writing. The parties later agree an oral variation. In MWB Business Exchange v Rock Advertising, the Supreme Court held:

1. AThe variation was effective as it had consideration
2. BThe oral variation was effective, because parties can always vary orally
3. CThe clause was void as against public policy
4. DThe oral variation was ineffective, because the clause was binding

Workmen leave an open manhole with paraffin lamps. A boy knocks a lamp in, causing an unexpected explosion and burns. In Hughes v Lord Advocate, the defendants were:

1. ALiable only for half of the damage
2. BNot liable, because the boy was a trespasser
3. CLiable, because burns were a foreseeable type of harm
4. DNot liable, because the explosion was unforeseeable

Which statement about the "loss of a chance" doctrine in English medical negligence is correct?

1. ALost chances are compensated proportionately, as in claims for lost commercial chances
2. BThe doctrine applies only to economic loss in all cases
3. CAny lost chance is fully compensated
4. DA lost chance of recovery below 50% is generally not compensated (Gregg v Scott)

In Pickin v British Railways Board, the House of Lords held that courts:

1. ACan strike down a private Act if it is shown that Parliament was misled during its passage
2. BCan review Acts for compliance with private bill rules
3. CMust investigate any allegation of fraud in Parliament
4. DWill not examine whether Parliament followed its internal procedures in passing an Act

In Madzimbamuto v Lardner-Burke, the Privy Council held that the UK Parliament could still legislate for Southern Rhodesia because:

1. ARhodesia had become fully independent
2. BRhodesia had consented to the legislation
3. CA convention that it would not do so did not limit its legal power
4. DThe convention was legally binding but had been waived by Rhodesia

D attacks someone while sleepwalking. Following R v Burgess, the correct defence is:

1. AInsanity, because sleepwalking was caused by an internal factor
2. BNon-insane automatism, because sleep is natural
3. CSelf-defence, because D was dreaming of an attack
4. DInvoluntary intoxication, because D was not aware

Which statement about "noodweerexces" (excessive self-defence) in Dutch law (Article 41(2) Sr) is correct?

1. AThe excess is justified whenever the defender reasonably feared further attacks from the same person later
2. BThe excess is excused if directly caused by a strong emotional disturbance resulting from the attack
3. CAny excessive force is always justified
4. DIt applies only to police officers

The Bosman judgment (1995) held that football transfer rules for out-of-contract players and nationality quotas:

1. ABreached the free movement of workers
2. BWere justified by the need for national teams
3. COnly breached competition law, not free movement
4. DWere outside EU law because sport is not economic

Under the indirect effect principle (Von Colson, Marleasing), national courts must:

1. ARefer every case to the Court of Justice
2. BIgnore national law that conflicts with any directive in private disputes
3. CApply directives only after the Commission approves
4. DInterpret national law as far as possible in conformity with directives