1Practice problems
1.Contract lawMedium
Damages for breach of contract are generally meant to:
- AGive the innocent party a profit beyond their loss
- BPunish the party in breach
- CReturn both parties only to the position they were in before the contract was made
- DPut the innocent party in the position as if the contract had been performed
2.Contract lawHard
A contract states it can be varied only in signed writing. The parties later agree an oral variation. In MWB Business Exchange v Rock Advertising, the Supreme Court held:
- AThe oral variation was effective, because parties can always vary orally
- BThe oral variation was ineffective, because the clause was binding
- CThe variation was effective as it had consideration
- DThe clause was void as against public policy
3.Tort lawMedium
Police officers who helped at the Hillsborough disaster suffered psychiatric injury. In White v Chief Constable of South Yorkshire, their claims:
- ASucceeded, because they were employees of the defendant
- BSucceeded, because rescuers are always treated as primary victims in English law
- CFailed, because they were not in physical danger and were not primary victims
- DFailed, because the police can never sue their employer
4.Tort lawHard
A man is prevented from walking along part of a bridge closed for an event, but is free to go back the way he came. In Bird v Jones, the court held:
- AThere was an assault, because he was blocked
- BThere was false imprisonment, because the bridge was public
- CThere was false imprisonment, because he could not continue the way he wanted to go
- DThere was no false imprisonment, because his freedom was not totally restricted
5.Constitutional lawMedium
The Dutch Constitution (Article 120) forbids courts from:
- AApplying international treaties
- BHearing criminal cases
- CReviewing decisions of municipalities and provinces against national statutes
- DReviewing Acts of Parliament for compatibility with the Constitution
6.Constitutional lawHard
In Madzimbamuto v Lardner-Burke, the Privy Council held that the UK Parliament could still legislate for Southern Rhodesia because:
- AA convention that it would not do so did not limit its legal power
- BThe convention was legally binding but had been waived by Rhodesia
- CRhodesia had become fully independent
- DRhodesia had consented to the legislation
7.Criminal lawMedium
In English law, the mens rea of murder is:
- AIntention to kill or to cause grievous bodily harm
- BNegligence in causing death
- CSubjective recklessness as to causing death or serious harm
- DIntention to frighten the victim
8.Criminal lawHard
In R v Cunningham (1957), D tore a gas meter off a wall to steal money; gas leaked and poisoned a neighbour. The court held "maliciously" means:
- AActing with wickedness or ill will towards the victim, as in ordinary usage
- BFailing to notice a risk an ordinary person would see
- CIntending the harm or foreseeing the risk of it and taking it anyway
- DActing in a way that is against the law
9.EU lawMedium
The ordinary legislative procedure gives equal law-making roles to:
- AThe European Parliament and the Council
- BNational parliaments and the Commission
- CThe European Council and the Central Bank
- DThe Commission and the Court of Justice
10.EU lawHard
Altmark Trans (2003) set conditions under which compensation for public service obligations:
- AIs not state aid because it confers no advantage
- BMust be approved by the European Parliament
- CIs always prohibited state aid
- DCan only be paid to state-owned companies
2Solutions
1.Contract law
Answer: D · Put the innocent party in the position as if the contract had been performed
Why this is the answer
Jurisdiction: general principle, found in most legal systems. Contract damages usually protect the expectation interest. Punitive damages are generally not awarded for breach of contract.
D · Put the innocent party in the position as if the contract had been performed
2.Contract law
Answer: B · The oral variation was ineffective, because the clause was binding
Why this is the answer
Jurisdiction: law of England and Wales. No oral modification clauses are legally effective, so an informal variation that does not comply has no effect. Estoppel may sometimes help the party who relied on it.
B · The oral variation was ineffective, because the clause was binding
3.Tort law
Answer: C · Failed, because they were not in physical danger and were not primary victims
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords held that employees and rescuers must meet the normal rules. Without being in danger or reasonably believing they were, they were secondary victims and failed the Alcock criteria.
C · Failed, because they were not in physical danger and were not primary victims
4.Tort law
Answer: D · There was no false imprisonment, because his freedom was not totally restricted
Why this is the answer
Jurisdiction: law of England and Wales. False imprisonment requires complete restraint within boundaries set by the defendant. Stopping someone going in one direction while they can leave another way is not enough.
D · There was no false imprisonment, because his freedom was not totally restricted
5.Constitutional law
Answer: D · Reviewing Acts of Parliament for compatibility with the Constitution
Why this is the answer
Jurisdiction: Dutch law. Article 120 prohibits constitutional review of Acts of Parliament, but Article 94 lets courts disapply statutes that conflict with self-executing treaty provisions such as the ECHR.
D · Reviewing Acts of Parliament for compatibility with the Constitution
6.Constitutional law
Answer: A · A convention that it would not do so did not limit its legal power
Why this is the answer
Jurisdiction: law of England and Wales. Conventions may make it politically unthinkable for Parliament to act, but they do not limit its legal competence. Courts will apply an Act passed in breach of a convention.
A · A convention that it would not do so did not limit its legal power
7.Criminal law
Answer: A · Intention to kill or to cause grievous bodily harm
Why this is the answer
Jurisdiction: law of England and Wales. Murder requires an intention to kill or to cause GBH. Recklessness or gross negligence causing death may amount to manslaughter instead.
A · Intention to kill or to cause grievous bodily harm
8.Criminal law
Answer: C · Intending the harm or foreseeing the risk of it and taking it anyway
Why this is the answer
Jurisdiction: law of England and Wales. Cunningham defined malice as intention or subjective recklessness about the particular kind of harm; D's conviction was quashed because the jury had been misdirected.
C · Intending the harm or foreseeing the risk of it and taking it anyway
9.EU law
Answer: A · The European Parliament and the Council
Why this is the answer
Jurisdiction: EU law. Under Article 294 TFEU, legislation is adopted jointly by Parliament and Council on a proposal from the Commission.
A · The European Parliament and the Council
10.EU law
Answer: A · Is not state aid because it confers no advantage
Why this is the answer
Jurisdiction: EU law. If the obligations are clearly defined, parameters are set in advance, compensation does not exceed costs plus reasonable profit, and costs reflect an efficient undertaking or tender, there is no advantage and no aid.
A · Is not state aid because it confers no advantage