Under EU consumer law, a consumer who buys online usually has the right to withdraw within:
- ANo time, because online sales are final
- B3 days, only with a reason
- C30 days, only if the goods are defective
- D14 days without giving a reason
Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.
Under EU consumer law, a consumer who buys online usually has the right to withdraw within:
A rogue uses a stolen driving licence to take a car on written hire-purchase in another person's name. In Shogun Finance v Hudson, the majority of the House of Lords held:
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:
An internal auditor with a grudge against his employer leaks staff payroll data online. In WM Morrison Supermarkets v Various Claimants (2020), the Supreme Court held the employer:
A minister refuses to refer a complaint to a committee because the result might embarrass the government. In Padfield v Minister of Agriculture, the House of Lords held:
Which statement about "horizontal effect" of human rights is correct?
D drinks heavily to gain courage before killing V, as planned. Following A-G for Northern Ireland v Gallagher, D:
R v Gomez (1993) held that an appropriation in theft:
According to the Dassonville formula, a measure having equivalent effect to a quantitative restriction is:
In Mangold (2005) and Kücükdeveci (2010), the Court allowed an individual to rely on EU law against a private employer because:
Answer: D · 14 days without giving a reason
Jurisdiction: EU law. For distance and off-premises contracts consumers can generally withdraw within 14 days without reason, with exceptions such as personalised goods.
Answer: C · The contract was void, because the finance company dealt only with the named person
Jurisdiction: law of England and Wales. Where a contract is in writing, the parties are identified by the document. The named person had not agreed, so there was no contract with the rogue and no title passed to the buyer.
Answer: A · Not negligent, because closing the factory would have been out of proportion
Jurisdiction: law of England and Wales. The owner took reasonable steps. Shutting down the whole factory would have been a burden out of proportion to the risk.
Answer: D · Not vicariously liable, as he was pursuing a personal vendetta
Jurisdiction: law of England and Wales. Giving the employee the opportunity to commit the wrong was not enough. He was not engaged in furthering the employer's business but pursuing a personal aim, so the close connection test was not met.
Answer: C · The refusal was unlawful, as it frustrated the purpose of the Act
Jurisdiction: law of England and Wales. A statutory discretion must be used for the purposes Parliament intended. Using it to avoid political embarrassment was an improper purpose.
Answer: A · Rights can influence legal relations between private parties, often indirectly through courts
Jurisdiction: general principle, found in most legal systems. Human rights mainly bind states, but courts interpreting private law must respect them, giving indirect horizontal effect; states may also have positive obligations to regulate private conduct.
Answer: B · Cannot rely on intoxication, because the intent to kill was formed before drinking
Jurisdiction: law of England and Wales. Where a defendant forms the intent and then gets drunk to carry it out, the intoxication does not negate mens rea and is no defence.
Answer: D · Can occur even when the owner consents, if the consent was obtained by deception
Jurisdiction: law of England and Wales. Gomez held that any assumption of the rights of an owner is an appropriation, whether or not the owner consented, overruling the narrower view in Morris.
Answer: B · Any trading rule capable of hindering, directly or indirectly, actually or potentially, intra-EU trade
Jurisdiction: EU law. Dassonville (1974) defined MEQRs very broadly, so even indistinctly applicable rules can fall within Article 34, later narrowed for selling arrangements by Keck.
Answer: B · The prohibition of age discrimination is a general principle of EU law, given expression in a directive
Jurisdiction: EU law. The Court relied on the general principle of non-discrimination on grounds of age, given specific expression in Directive 2000/78, requiring national courts to disapply conflicting national law.
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