Introduction to Law: cram pack

Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.

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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:

  1. AA mere opinion about future income
  2. BA breach of an implied condition of quality
  3. CNot a misrepresentation, because the statement was true when it was made
  4. 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:

  1. AThe full reward becomes payable immediately
  2. BThe offeror can still revoke at any time before performance is completed
  3. CThe offeree becomes bound to complete performance
  4. 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:

  1. A50%
  2. B75%
  3. C10%
  4. 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:

  1. AThere was a nuisance, and all residents, including family members and lodgers, could sue
  2. BThere was a nuisance, but only the council could sue
  3. CThere was no actionable nuisance, and only those with an interest in land could sue
  4. DThere was no nuisance, as nuisance requires noise
5.Constitutional lawMedium

Under Porter v Magill, the test for apparent bias asks whether:

  1. AThe decision-maker was actually biased
  2. BA fair-minded and informed observer would conclude there was a real possibility of bias
  3. CThe decision-maker had ever met any party
  4. 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:

  1. AUpheld the detention as a valid response to an emergency
  2. BMade a declaration of incompatibility, finding the measure disproportionate and discriminatory
  3. COrdered the immediate release of all detainees
  4. 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:

  1. ANot liable, because players consent to injuries within the rules of the game
  2. BLiable for GBH, because a serious injury was caused
  3. CLiable for battery, because consent is never a defence to serious bodily harm
  4. DLiable, because rugby is not a recognised sport
8.Criminal lawHard

Gross negligence manslaughter in English law (R v Adomako) requires:

  1. AA duty of care, breach causing death, and negligence so bad that it should be criminal
  2. BSubjective recklessness about death
  3. CIntention to kill
  4. 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:

  1. AIf the member state had failed to transpose it
  2. BAfter the transposition deadline had expired
  3. CBefore the transposition deadline had expired
  4. 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:

  1. AIt was owned by foreign investors
  2. BIt was engaged in an economic activity, regardless of its legal status and financing
  3. CIt was registered as a private company and financed by the fees it charged employers
  4. 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.

Answer

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.

Answer

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.

Answer

D · 25%
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.

Answer

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.

Answer

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.

Answer

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).

Answer

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.

Answer

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.

Answer

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.

Answer

B · It was engaged in an economic activity, regardless of its legal status and financing

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