1Practice problems
1.Contract lawMedium
A doctor selling his practice truthfully states its income, but the income falls sharply before the contract is signed and he says nothing. This is:
- AA mere opinion about future income
- BA breach of an implied condition of quality
- CNot a misrepresentation, because the statement was true when it was made
- DA misrepresentation, because he should have corrected the statement
2.Contract lawHard
In a unilateral contract, once the offeree has started to perform the requested act:
- AThe full reward becomes payable immediately
- BThe offeror can still revoke at any time before performance is completed
- CThe offeree becomes bound to complete performance
- DThe offeror generally cannot revoke while performance continues
3.Tort lawMedium
Under Froom v Butcher, if wearing a seatbelt would have prevented a car passenger's injuries entirely, damages are usually reduced by:
- A50%
- B75%
- C10%
- D25%
4.Tort lawHard
A tall new building blocks television reception for many nearby homes. In Hunter v Canary Wharf, the House of Lords held:
- AThere was a nuisance, and all residents, including family members and lodgers, could sue
- BThere was a nuisance, but only the council could sue
- CThere was no actionable nuisance, and only those with an interest in land could sue
- DThere was no nuisance, as nuisance requires noise
5.Constitutional lawMedium
Under Porter v Magill, the test for apparent bias asks whether:
- AThe decision-maker was actually biased
- BA fair-minded and informed observer would conclude there was a real possibility of bias
- CThe decision-maker had ever met any party
- DThe claimant personally and reasonably believed that the decision-maker had been biased against them
6.Constitutional lawHard
After 2001, the UK detained foreign terrorism suspects indefinitely without trial. In A v Home Secretary (the Belmarsh case), the House of Lords:
- AUpheld the detention as a valid response to an emergency
- BMade a declaration of incompatibility, finding the measure disproportionate and discriminatory
- COrdered the immediate release of all detainees
- DHeld that national security questions were for the executive alone and could not be reviewed by courts
7.Criminal lawMedium
D and V are playing a properly organised rugby match. D tackles V within the rules and V breaks a leg. D is most likely:
- ANot liable, because players consent to injuries within the rules of the game
- BLiable for GBH, because a serious injury was caused
- CLiable for battery, because consent is never a defence to serious bodily harm
- DLiable, because rugby is not a recognised sport
8.Criminal lawHard
Gross negligence manslaughter in English law (R v Adomako) requires:
- AA duty of care, breach causing death, and negligence so bad that it should be criminal
- BSubjective recklessness about death
- CIntention to kill
- DAn unlawful and dangerous act causing death, judged objectively by sober and reasonable people
9.EU lawMedium
In Ratti (1979), the Court held that an individual could NOT rely on a directive against the state:
- AIf the member state had failed to transpose it
- BAfter the transposition deadline had expired
- CBefore the transposition deadline had expired
- DIf the directive was clear and unconditional
10.EU lawHard
In Höfner and Elser (1991), a German public employment agency was held to be an "undertaking" for competition law because:
- AIt was owned by foreign investors
- BIt was engaged in an economic activity, regardless of its legal status and financing
- CIt was registered as a private company and financed by the fees it charged employers
- DIt made a large profit every year
2Solutions
1.Contract law
Answer: D · A misrepresentation, because he should have corrected the statement
Why this is the answer
Jurisdiction: law of England and Wales. A statement that becomes false before the contract is made must be corrected. Failing to do so is treated as a continuing misrepresentation.
D · A misrepresentation, because he should have corrected the statement
2.Contract law
Answer: D · The offeror generally cannot revoke while performance continues
Why this is the answer
Jurisdiction: law of England and Wales. English courts imply an obligation not to revoke once the offeree has begun performing. The offeree, however, remains free to stop without being in breach.
D · The offeror generally cannot revoke while performance continues
3.Tort law
Answer: D · 25%
Why this is the answer
Jurisdiction: law of England and Wales. The guideline is 25% where a seatbelt would have prevented the injury and 15% where it would have reduced its severity, under the Law Reform (Contributory Negligence) Act 1945.
4.Tort law
Answer: C · There was no actionable nuisance, and only those with an interest in land could sue
Why this is the answer
Jurisdiction: law of England and Wales. The mere presence of a building blocking reception is not an actionable private nuisance. The Lords also held that private nuisance protects rights in land, so only those with a proprietary interest or exclusive possession can sue.
C · There was no actionable nuisance, and only those with an interest in land could sue
5.Constitutional law
Answer: B · A fair-minded and informed observer would conclude there was a real possibility of bias
Why this is the answer
Jurisdiction: law of England and Wales. Actual bias need not be proved. The question is whether the fair-minded and informed observer, knowing the facts, would see a real possibility that the tribunal was biased.
B · A fair-minded and informed observer would conclude there was a real possibility of bias
6.Constitutional law
Answer: B · Made a declaration of incompatibility, finding the measure disproportionate and discriminatory
Why this is the answer
Jurisdiction: law of England and Wales. The Lords quashed the derogation order and declared the detention power incompatible with Articles 5 and 14, because it applied only to foreign nationals and was not strictly required by the emergency.
B · Made a declaration of incompatibility, finding the measure disproportionate and discriminatory
7.Criminal law
Answer: A · Not liable, because players consent to injuries within the rules of the game
Why this is the answer
Jurisdiction: law of England and Wales. Players impliedly consent to contact within the rules and to risks reasonably incidental to the game; deliberate off-the-ball violence is different (R v Barnes).
A · Not liable, because players consent to injuries within the rules of the game
8.Criminal law
Answer: A · A duty of care, breach causing death, and negligence so bad that it should be criminal
Why this is the answer
Jurisdiction: law of England and Wales. The jury must find a duty, a breach causing death and that the breach was so gross as to deserve criminal sanction; a serious and obvious risk of death must have been foreseeable.
A · A duty of care, breach causing death, and negligence so bad that it should be criminal
9.EU law
Answer: C · Before the transposition deadline had expired
Why this is the answer
Jurisdiction: EU law. A directive can only have direct effect once its implementation period has ended; Ratti could rely on the directive whose deadline had passed but not the other.
C · Before the transposition deadline had expired
10.EU law
Answer: B · It was engaged in an economic activity, regardless of its legal status and financing
Why this is the answer
Jurisdiction: EU law. An undertaking is any entity engaged in an economic activity; the fact that it is public or not for profit does not matter.
B · It was engaged in an economic activity, regardless of its legal status and financing