A misrepresentation is:
- AAn opinion that turns out to be wrong
- BA promise about future behaviour that is not kept, even if honestly made
- CA false statement of fact that induces someone to enter a contract
- DSilence about any fact at all
Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.
A misrepresentation is:
Liquidated damages clauses are enforceable in English law when:
Workmen leave an open manhole with paraffin lamps. A boy knocks a lamp in, causing an unexpected explosion and burns. In Hughes v Lord Advocate, the defendants were:
In occupiers' liability, the duty owed to trespassers in English law is:
Under Article 94 of the Dutch Constitution, Dutch courts:
Since the 2008 constitutional reform in France, the "question prioritaire de constitutionnalité" allows:
D takes a college exam paper, reads it and returns it, planning to cheat. Following Oxford v Moss, D did not steal because:
In "Thabo Meli v R", the defendants beat the victim, believed him dead and threw him off a cliff, where he died of exposure. The court held:
Van Gend en Loos (1963) established that:
In Grzelczyk (2001), a French student in Belgium was refused a minimum subsistence allowance. The Court held:
Answer: C · A false statement of fact that induces someone to enter a contract
Jurisdiction: law of England and Wales. A false statement of fact inducing a contract allows rescission and sometimes damages. Opinions, future intentions and mere silence are usually not misrepresentations.
Answer: A · They protect a legitimate interest and are not out of all proportion to it
Jurisdiction: law of England and Wales. A clause is a penalty, and unenforceable, if it imposes a detriment out of all proportion to any legitimate interest of the innocent party in performance.
Answer: D · Liable, because burns were a foreseeable type of harm
Jurisdiction: law of England and Wales. It is enough that the type of damage was foreseeable, even if the precise manner and extent were not. Burns from the lamp were foreseeable.
Answer: C · Lower than to visitors, arising only in specific circumstances under the 1984 Act
Jurisdiction: law of England and Wales. Under the Occupiers' Liability Act 1984, a duty arises when the occupier is aware of the danger, knows or should know a trespasser may come near it, and the risk is one they could reasonably be expected to guard against.
Answer: A · Do not apply statutes that conflict with treaty provisions binding on everyone
Jurisdiction: Dutch law. Although courts may not review statutes against the Constitution, they can disapply them where they conflict with self-executing treaty provisions, such as many ECHR rights.
Answer: D · A party in court to ask for a statute in force to be reviewed for breach of constitutional rights
Jurisdiction: French law. Before this reform, the Conseil constitutionnel reviewed laws only before promulgation. Now a question raised in litigation can be referred to it, and it can repeal an unconstitutional provision.
Answer: A · Confidential information is not property under the Theft Act
Jurisdiction: law of England and Wales. D kept only the information, which is not property capable of being stolen; the paper itself was not intended to be permanently taken.
Answer: C · The series of acts formed one transaction, so actus reus and mens rea coincided
Jurisdiction: law of England and Wales. The Privy Council treated the beating and disposal as one continuous plan, so the intent to kill coincided with the acts causing death.
Answer: B · Treaty provisions can have direct effect and create rights for individuals in national courts
Jurisdiction: EU law. The Court held that clear, precise and unconditional treaty provisions (here on customs duties) give individuals rights enforceable before national courts.
Answer: A · Union citizenship is destined to be the fundamental status of nationals, so he could not be refused it on grounds of nationality
Jurisdiction: EU law. Relying on citizenship and non-discrimination, the Court held that a lawfully resident student could not be denied a benefit available to nationals, though states may act if a person becomes an unreasonable burden.
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