Introduction to Law: cram pack

A customer signs a contract containing an exclusion clause without reading it. Absent fraud or misrepresentation, the clause is generally:

1. AVoid for unilateral mistake
2. BIncorporated, because a signature binds the signer
3. CNot incorporated, because it was not read
4. DIncorporated only if it was explained orally

A seller quotes on its terms with a price variation clause. The buyer orders on its own terms without that clause, with a tear-off acknowledgement slip, which the seller signs and returns. In Butler Machine Tool v Ex-Cell-O, the contract was on:

1. AThe buyer's terms, because the seller accepted its counter-offer
2. BNo terms, because there was no contract
3. CA mixture of terms chosen by the court as fair
4. DThe seller's terms, because it sent its terms and price variation clause first

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 tannery spills small amounts of solvent over many years. It seeps underground and contaminates a water company's borehole, which nobody could have foreseen. In Cambridge Water v Eastern Counties Leather:

1. AThe tannery was not liable, because the type of damage was not foreseeable
2. BThe tannery was liable in negligence instead
3. CThe water company was barred by contributory negligence
4. DThe tannery was liable, because Rylands liability is strict and needs no foreseeability

In Hirst v UK (No 2), the European Court of Human Rights held that the UK's blanket ban on voting by convicted prisoners:

1. AViolated the right to freedom of expression in Article 10 of the Convention
2. BViolated the right to free elections in Protocol 1, Article 3
3. CWas within the UK's margin of appreciation
4. DWas justified because prisoners have no rights

In R (Privacy International) v Investigatory Powers Tribunal (2019), the Supreme Court held that an ouster clause protecting the Tribunal's decisions:

1. AExcluded all review of its decisions
2. BDid not exclude judicial review of its errors of law
3. CWas invalid because it was in secondary legislation
4. DApplied only to decisions on national security

Causation in criminal law requires that the defendant's act was:

1. AIntended to cause the result in every case
2. BA factual and legal cause of the result
3. CThe only cause of the result
4. DMorally wrong

In R v Roberts (1971), a woman jumped from a moving car to escape a sexual assault and was injured. The court held the defendant liable unless her reaction was:

1. ACaused by her own panic and fear
2. BSo "daft" or unexpected that no reasonable person could have foreseen it
3. CTaken without first asking the defendant to stop the car and let her out
4. DMore dangerous than staying in the car

The principle of subsidiarity means the EU should act in areas outside its exclusive competence only if:

1. AThe European Parliament and the Council agree that EU action would be quicker and cheaper than national action
2. BThe Commission considers it popular
3. CThe objectives cannot be sufficiently achieved by member states and can be better achieved at EU level
4. DEvery member state requests it

EU citizenship case law (Zambrano) established that a third-country national parent of a child who is an EU citizen may have a right of residence when:

1. AThe parent has lived lawfully in the child's member state for at least five years before applying for residence
2. BThe child is older than 18
3. CThe parent pays a residence fee
4. DRefusal would deprive the child of the genuine enjoyment of the substance of EU citizenship rights