1Practice problems
1.Contract lawMedium
An actress agrees to act only for one studio and not for any other during the contract. She leaves to act for a rival. The court is most likely to:
- AOrder her to pay the rival's profits to the court
- BRefuse any remedy, as personal services are involved
- COrder her to perform her contract with the studio
- DGrant an injunction stopping her acting for the rival
2.Contract lawHard
An act done before a promise was made can still be good consideration if:
- AThe act was done within one year before the promise and was of some value to the promisor
- BThe later promise was made in writing
- CIt was valuable to the promisor when it was done
- DIt was requested, payment was understood, and the promise would otherwise be enforceable
3.Tort lawMedium
A solicitor negligently delays preparing a new will, and the client dies before signing. The intended beneficiaries lose their gifts. In White v Jones, the solicitor:
- AWas liable to the disappointed beneficiaries
- BWas liable only to the client's estate
- CWas not liable, because the will was never signed
- DWas not liable, because there was no contract with them
4.Tort lawHard
For a public authority, a negligence claim about how it exercised a statutory power often fails because:
- AStatutory powers automatically create a private law duty to use them carefully for each citizen
- BCourts are reluctant to impose duties for failing to confer benefits or for policy decisions
- CAuthorities are always immune from all claims
- DThe authority must be sued in a criminal court
5.Constitutional lawMedium
A bicameral legislature has:
- ATwo chambers
- BThree chambers
- COne chamber
- DNo elected members
6.Constitutional lawHard
The Constitutional Reform Act 2005 changed the office of Lord Chancellor so that:
- AThe Lord Chief Justice, not the Lord Chancellor, is head of the judiciary in England and Wales
- BThe office was abolished completely
- CThe Lord Chancellor gained power to dismiss judges
- DThe Lord Chancellor became President of the Supreme Court and head of the judiciary in England
7.Criminal lawMedium
D takes a college exam paper, reads it and returns it, planning to cheat. Following Oxford v Moss, D did not steal because:
- AConfidential information is not property under the Theft Act
- BExam papers have no economic value
- CThe paper itself was returned, so there was no intention to deprive
- DD was a student at the college
8.Criminal lawHard
In R v Lloyd (1985), a cinema employee lent films to be copied and returned them within hours. The court held there was no theft because:
- AThe films were returned with their "goodness or virtue" not wholly exhausted
- BFilms are intangible property that cannot be stolen
- CThe employee had the cinema's permission to borrow the films for a short time
- DCopying films was not illegal at the time
9.EU lawMedium
Directives generally do NOT have:
- AAny legal effect at all
- BHorizontal direct effect between private parties
- CBinding force after the transposition deadline
- DVertical direct effect against the state
10.EU lawHard
In Commission v Italy (Art Treasures, 1968), Italy taxed the export of artistic and historical works. The Court held that:
- AArt is not "goods", so the free movement rules did not apply
- BThe tax was justified under Article 36 to protect national treasures of artistic or historic value
- CThe tax was a charge having equivalent effect and was prohibited regardless of its purpose
- DExport taxes are outside the scope of the customs union
2Solutions
1.Contract law
Answer: D · Grant an injunction stopping her acting for the rival
Why this is the answer
Jurisdiction: law of England and Wales. Courts will not order specific performance of personal service contracts, but may enforce an express negative promise by injunction if this does not in practice force the person to perform.
D · Grant an injunction stopping her acting for the rival
2.Contract law
Answer: D · It was requested, payment was understood, and the promise would otherwise be enforceable
Why this is the answer
Jurisdiction: law of England and Wales. Past consideration is good if the act was done at the promisor's request, both parties understood it was to be rewarded, and a promise of payment made in advance would have been enforceable.
D · It was requested, payment was understood, and the promise would otherwise be enforceable
3.Tort law
Answer: A · Was liable to the disappointed beneficiaries
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords extended the Hedley Byrne principle of assumption of responsibility to protect intended beneficiaries who had no other remedy.
A · Was liable to the disappointed beneficiaries
4.Tort law
Answer: B · Courts are reluctant to impose duties for failing to confer benefits or for policy decisions
Why this is the answer
Jurisdiction: law of England and Wales. Following cases such as Robinson and Poole, authorities are liable like private persons for positive acts causing harm, but generally not for omissions or core policy choices.
B · Courts are reluctant to impose duties for failing to confer benefits or for policy decisions
5.Constitutional law
Answer: A · Two chambers
Why this is the answer
Jurisdiction: general principle, found in most legal systems. Examples include the Dutch Tweede and Eerste Kamer, the UK Commons and Lords and the US House and Senate.
6.Constitutional law
Answer: A · The Lord Chief Justice, not the Lord Chancellor, is head of the judiciary in England and Wales
Why this is the answer
Jurisdiction: law of England and Wales. The Lord Chancellor had been a minister, a judge and the Speaker of the Lords. The Act moved judicial headship to the Lord Chief Justice and imposed a statutory duty on ministers to uphold judicial independence.
A · The Lord Chief Justice, not the Lord Chancellor, is head of the judiciary in England and Wales
7.Criminal law
Answer: A · Confidential information is not property under the Theft Act
Why this is the answer
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.
A · Confidential information is not property under the Theft Act
8.Criminal law
Answer: A · The films were returned with their "goodness or virtue" not wholly exhausted
Why this is the answer
Jurisdiction: law of England and Wales. Borrowing is only an intention to permanently deprive under s6 if the thing is returned with all its goodness or virtue gone; the films could still be shown.
A · The films were returned with their "goodness or virtue" not wholly exhausted
9.EU law
Answer: B · Horizontal direct effect between private parties
Why this is the answer
Jurisdiction: EU law. Unimplemented directives can be relied on against the state (vertical) but not against private individuals (horizontal), though indirect effect and state liability can help.
B · Horizontal direct effect between private parties
10.EU law
Answer: C · The tax was a charge having equivalent effect and was prohibited regardless of its purpose
Why this is the answer
Jurisdiction: EU law. Charges at the border are prohibited whatever their aim; Article 36 permits restrictions to protect national treasures but cannot justify fiscal charges.
C · The tax was a charge having equivalent effect and was prohibited regardless of its purpose