Introduction to Law: cram pack

Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.

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1Practice problems

1.Contract lawMedium

Under EU consumer law, a consumer who buys online usually has the right to withdraw within:

  1. ANo time, because online sales are final
  2. B3 days, only with a reason
  3. C30 days, only if the goods are defective
  4. D14 days without giving a reason
2.Contract lawHard

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:

  1. AThe contract was valid with the rogue himself
  2. BThe contract was voidable, so a later buyer got good title
  3. CThe contract was void, because the finance company dealt only with the named person
  4. DThe contract was void, because hire-purchase agreements must always be made face to face
3.Tort lawMedium

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

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:

  1. ALiable only to staff whose data was used for fraud
  2. BVicariously liable, as he had access to the data through his job
  3. CVicariously liable, as data breaches are strict liability
  4. DNot vicariously liable, as he was pursuing a personal vendetta
5.Constitutional lawMedium

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:

  1. AOnly Parliament could question the minister
  2. BThe refusal was lawful, since the Act imposed no duty to give reasons
  3. CThe refusal was unlawful, as it frustrated the purpose of the Act
  4. DThe minister had unlimited discretion
6.Constitutional lawHard

Which statement about "horizontal effect" of human rights is correct?

  1. ARights can influence legal relations between private parties, often indirectly through courts
  2. BPrivate parties can be brought directly before the Strasbourg court by individuals whose rights they breach
  3. CRights apply only between states
  4. DHorizontal effect means rights apply only to horizontal property boundaries
7.Criminal lawMedium

D drinks heavily to gain courage before killing V, as planned. Following A-G for Northern Ireland v Gallagher, D:

  1. AHas a defence of involuntary intoxication
  2. BCannot rely on intoxication, because the intent to kill was formed before drinking
  3. CCan rely on intoxication because murder is a specific intent offence
  4. DCan only be guilty of manslaughter
8.Criminal lawHard

R v Gomez (1993) held that an appropriation in theft:

  1. ARequires a physical taking of the property
  2. BRequires that the act was not authorised by the owner, even if consent was obtained by fraud
  3. COnly occurs when the defendant leaves the shop
  4. DCan occur even when the owner consents, if the consent was obtained by deception
9.EU lawMedium

According to the Dassonville formula, a measure having equivalent effect to a quantitative restriction is:

  1. AAny tax on goods coming from another member state
  2. BAny trading rule capable of hindering, directly or indirectly, actually or potentially, intra-EU trade
  3. COnly a rule that openly discriminates against imported goods in favour of domestic products of the same kind
  4. DOnly a rule that fixes a numerical limit on imports
10.EU lawHard

In Mangold (2005) and Kücükdeveci (2010), the Court allowed an individual to rely on EU law against a private employer because:

  1. AThe directive on equal treatment in employment had horizontal direct effect in itself after the transposition deadline
  2. BThe prohibition of age discrimination is a general principle of EU law, given expression in a directive
  3. CThe national law had been annulled by the Commission
  4. DThe employer was an emanation of the state

2Solutions

1.Contract law

Answer: D · 14 days without giving a reason

Why this is the answer

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

D · 14 days without giving a reason
2.Contract law

Answer: C · The contract was void, because the finance company dealt only with the named person

Why this is the answer

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

C · The contract was void, because the finance company dealt only with the named person
3.Tort law

Answer: A · Not negligent, because closing the factory would have been out of proportion

Why this is the answer

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

A · Not negligent, because closing the factory would have been out of proportion
4.Tort law

Answer: D · Not vicariously liable, as he was pursuing a personal vendetta

Why this is the answer

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

D · Not vicariously liable, as he was pursuing a personal vendetta
5.Constitutional law

Answer: C · The refusal was unlawful, as it frustrated the purpose of the Act

Why this is the answer

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

C · The refusal was unlawful, as it frustrated the purpose of the Act
6.Constitutional law

Answer: A · Rights can influence legal relations between private parties, often indirectly through courts

Why this is the answer

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

A · Rights can influence legal relations between private parties, often indirectly through courts
7.Criminal law

Answer: B · Cannot rely on intoxication, because the intent to kill was formed before drinking

Why this is the answer

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

B · Cannot rely on intoxication, because the intent to kill was formed before drinking
8.Criminal law

Answer: D · Can occur even when the owner consents, if the consent was obtained by deception

Why this is the answer

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

D · Can occur even when the owner consents, if the consent was obtained by deception
9.EU law

Answer: B · Any trading rule capable of hindering, directly or indirectly, actually or potentially, intra-EU trade

Why this is the answer

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 · Any trading rule capable of hindering, directly or indirectly, actually or potentially, intra-EU trade
10.EU law

Answer: B · The prohibition of age discrimination is a general principle of EU law, given expression in a directive

Why this is the answer

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.

Answer

B · The prohibition of age discrimination is a general principle of EU law, given expression in a directive

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