1.Contract lawMedium
In English law, the "postal rule" means an acceptance sent by post takes effect:
- AWhen the letter is read
- BWhen the letter arrives
- CWhen the offeror replies
- DWhen the letter is posted
Introduction to Law: cram pack
Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.
1Practice problems
2.Contract lawHard
Two parties agree to continue negotiating for the sale of a business, with no fixed period. In Walford v Miles, the House of Lords held that a bare agreement to negotiate in good faith is:
- AEnforceable as a lock-out agreement
- BEnforceable, as an implied duty of good faith
- CEnforceable only if made in writing
- DUnenforceable, because it lacks certainty
3.Tort lawMedium
Pure economic loss caused by negligent acts is:
- ARecoverable only where the defendant's conduct was also a criminal offence of some kind
- BAlways recoverable
- CGenerally not recoverable, with exceptions such as negligent misstatement
- DRecoverable only for companies
4.Tort lawHard
Intruders start a fire in an empty, locked cinema, which spreads to neighbouring buildings. The owner did not know of earlier break-ins. In Smith v Littlewoods, the owner was:
- ALiable, because fire spreading is always foreseeable
- BNot liable, because it had no knowledge of the risk
- CLiable, because occupiers must guard against all intruders
- DStrictly liable under Rylands v Fletcher
5.Constitutional lawMedium
A chief constable is dismissed without being told the charges or given a chance to respond. In Ridge v Baldwin, the House of Lords held:
- AThe dismissal was valid, as it was an administrative decision
- BThe dismissal was void for breach of natural justice
- CThe dismissal was valid, because the police had no contract
- DOnly Parliament could review the decision
6.Constitutional lawHard
Under Article 15 of the ECHR, a state may derogate from some obligations in time of war or public emergency, but not from:
- AArticle 8 (private life)
- BArticle 5 (liberty) and Article 6 (fair trial), among others
- CArticle 11 (assembly)
- DArticle 3 (torture) and Article 4(1) (slavery), among others
7.Criminal lawMedium
Joint enterprise (accessorial liability) after R v Jogee requires that the accessory:
- AMerely foresaw as a real possibility that the principal might commit the crime
- BIntended to assist or encourage the principal to commit the crime
- CWas related to the principal
- DWas present at the scene by chance
8.Criminal lawHard
In the Dutch "Melk-en-water" judgment (Hoge Raad, 1916), the court recognised:
- AAbsence of all blame (AVAS) as an unwritten excuse
- BConditional intent as a form of intention
- CThe legality principle as part of the Constitution
- DForce majeure as a written justification
9.EU lawMedium
The preliminary reference procedure under Article 267 TFEU allows:
- ANational courts to ask the CJEU questions on the interpretation or validity of EU law
- BThe Commission to fine member states
- CThe Parliament to dismiss judges
- DIndividuals to bring actions against member states directly before the Court of Justice in Luxembourg
10.EU lawHard
Under Article 263 TFEU, a private applicant may challenge a regulatory act that does not need implementing measures if it is:
- AAdopted unanimously
- BOf direct concern to them
- CPublished in a national newspaper
- DOf interest to them in any way
2Solutions
1.Contract law
Answer: D · When the letter is posted
Why this is the answer
Jurisdiction: law of England and Wales. Where post is a reasonable method of acceptance, the acceptance is complete when posted, even if delayed or lost. It does not apply to revocations or instant communications.
Answer
D · When the letter is posted
2.Contract law
Answer: D · Unenforceable, because it lacks certainty
Why this is the answer
Jurisdiction: law of England and Wales. An agreement to negotiate is too uncertain to be enforced, since a party can withdraw from negotiations for any reason. A lock-out agreement for a fixed period, supported by consideration, can be enforceable.
Answer
D · Unenforceable, because it lacks certainty
3.Tort law
Answer: C · Generally not recoverable, with exceptions such as negligent misstatement
Why this is the answer
Jurisdiction: law of England and Wales. Courts generally refuse claims for pure economic loss from negligent acts, but allow them in special relationships, such as reliance on negligent advice (Hedley Byrne).
Answer
C · Generally not recoverable, with exceptions such as negligent misstatement
4.Tort law
Answer: B · Not liable, because it had no knowledge of the risk
Why this is the answer
Jurisdiction: law of England and Wales. An occupier is not generally liable for damage caused by third parties entering its land unless, for example, it knew or ought to have known of the danger created by them.
Answer
B · Not liable, because it had no knowledge of the risk
5.Constitutional law
Answer: B · The dismissal was void for breach of natural justice
Why this is the answer
Jurisdiction: law of England and Wales. The right to a fair hearing applies to administrative decisions affecting individual rights, not only judicial ones. Ridge v Baldwin revived the modern law of procedural fairness.
Answer
B · The dismissal was void for breach of natural justice
6.Constitutional law
Answer: D · Article 3 (torture) and Article 4(1) (slavery), among others
Why this is the answer
Jurisdiction: European Convention on Human Rights. Article 15(2) excludes derogation from Articles 2 (except deaths from lawful acts of war), 3, 4(1) and 7.
Answer
D · Article 3 (torture) and Article 4(1) (slavery), among others
7.Criminal law
Answer: B · Intended to assist or encourage the principal to commit the crime
Why this is the answer
Jurisdiction: law of England and Wales. Jogee held that foresight is only evidence of intent; the accessory must intend to assist or encourage the commission of the offence.
Answer
B · Intended to assist or encourage the principal to commit the crime
8.Criminal law
Answer: A · Absence of all blame (AVAS) as an unwritten excuse
Why this is the answer
Jurisdiction: Dutch law. The Hoge Raad held that a person who is entirely without fault cannot be punished, creating the unwritten defence of afwezigheid van alle schuld.
Answer
A · Absence of all blame (AVAS) as an unwritten excuse
9.EU law
Answer: A · National courts to ask the CJEU questions on the interpretation or validity of EU law
Why this is the answer
Jurisdiction: EU law. National courts may (and courts of last instance must, subject to CILFIT exceptions) refer questions to the CJEU, whose answer binds the referring court.
Answer
A · National courts to ask the CJEU questions on the interpretation or validity of EU law
10.EU law
Answer: B · Of direct concern to them
Why this is the answer
Jurisdiction: EU law. For regulatory acts not entailing implementing measures, direct concern suffices; for other acts addressed to others, the applicant also needs individual concern (Plaumann).
Answer
B · Of direct concern to them
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