Introduction to Law: cram pack

A court will imply a term in fact into a commercial contract only if:

1. AIt is necessary for business efficacy or so obvious it goes without saying
2. BIt would be reasonable and fair to both parties, even if it is not necessary
3. CIt is usual in contracts in other industries
4. DIt would benefit the weaker party

Under the EU Unfair Terms Directive, a non-negotiated consumer contract term is unfair if:

1. AThe consumer did not read it
2. BIt was written in small font
3. CContrary to good faith, it causes a significant imbalance to the consumer's detriment
4. DIt benefits the trader in any way, even where the consumer's rights are not significantly affected

After a flood makes a factory floor slippery, the owner spreads sawdust but not everywhere, and a worker slips. Under Latimer v AEC, the owner was:

1. ANegligent, because it should have closed the factory until the floor was dry
2. BNegligent, because any slip proves a breach
3. CNot negligent, because closing the factory would have been out of proportion
4. DStrictly liable for flood damage

A man's leg is injured by a negligent driver. Later, robbers shoot the same leg and it is amputated. In Baker v Willoughby, the driver:

1. ARemained liable for the original disability after the shooting
2. BWas liable for the amputation too
3. CWas released completely from liability by the robbers' later shooting
4. DWas liable only until the shooting

Which ground of judicial review applies when a decision-maker ignores a relevant consideration?

1. ALegitimate expectation only
2. BNone, because courts never review considerations
3. CIllegality
4. DProcedural impropriety only

The Constitutional Reform Act 2005 changed the office of Lord Chancellor so that:

1. AThe Lord Chancellor became President of the Supreme Court and head of the judiciary in England
2. BThe Lord Chancellor gained power to dismiss judges
3. CThe Lord Chief Justice, not the Lord Chancellor, is head of the judiciary in England and Wales
4. DThe office was abolished completely

D makes repeated silent phone calls to V, causing her psychiatric illness. Following R v Ireland, D can be guilty of:

1. AOnly a civil wrong, because no physical harm occurred
2. BAn assault, as silent calls can cause apprehension of immediate force
3. COnly harassment, because no force was used
4. DNo offence, because words or silence can never amount to an assault in law

In R v Dica (2004), D had sex with partners without telling them he was HIV-positive. The Court of Appeal held that:

1. AD was guilty of murder, because HIV can kill
2. BNon-disclosure always makes sex rape under English law
3. CConsent is never relevant to the transmission of disease, since s20 protects public health
4. DInformed consent to the risk of infection could be a defence to inflicting GBH under s20

Environmental policy is an example of which type of EU competence?

1. ANo EU competence at all
2. BShared competence
3. CExclusive competence
4. DSupporting competence

In Egenberger (2018), the Court held that Article 21 of the Charter (non-discrimination):

1. ARequires national implementing legislation or secondary EU law before it has any effect in private disputes
2. BIs a mere principle that cannot be relied on in court
3. CApplies only to EU institutions and never to private employers
4. DIs sufficient in itself to confer a right that individuals can rely on in disputes between private parties