1Practice problems
1.Contract lawMedium
A sailor is to be paid only on completing a voyage, but dies part of the way. Under the strict rule applied in Cutter v Powell:
- ANothing was recoverable for the part performed
- BThe full wages were payable
- CThe ship owner had to pay compensation
- DA proportion of the wages was payable
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:
- AThe contract was voidable, so a later buyer got good title
- BThe contract was void, because hire-purchase agreements must always be made face to face
- CThe contract was valid with the rogue himself
- DThe contract was void, because the finance company dealt only with the named person
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 not liable, because there was no contract with them
- CWas not liable, because the will was never signed
- DWas liable only to the client's estate
4.Tort lawHard
The "eggshell skull" rule means that:
- AThe defendant must take the victim as found, including unusual vulnerabilities
- BOnly foreseeable claimants can sue
- CFragile victims cannot recover damages
- DHead injuries are compensated at a fixed rate
5.Constitutional lawMedium
In CCSU v Minister for the Civil Service (the GCHQ case), Lord Diplock classified the grounds of judicial review as:
- AIllegality, irrationality and procedural impropriety
- BJurisdiction, motive and fairness
- CFraud, mistake and duress
- DLegality, legitimacy and proportionality
6.Constitutional lawHard
In R (Miller) v Secretary of State for Exiting the EU (2017), the Supreme Court said about the Sewel convention that:
- AIt is a political convention that courts cannot enforce
- BIt applies only to Northern Ireland
- CIt requires Scottish consent to the UK's withdrawal from the EU
- DIt became legally binding when written into statute
7.Criminal lawMedium
D puts poison in V's drink intending to kill her, but V dies of an unrelated heart attack before the poison works. D is guilty of:
- ANo offence at all
- BMurder
- CAttempted murder
- DManslaughter
8.Criminal lawHard
In R v Roberts (1971), a woman jumped from a moving car to escape a sexual assault and was injured. The court held the defendant liable unless her reaction was:
- ATaken without first asking the defendant to stop the car and let her out
- BSo "daft" or unexpected that no reasonable person could have foreseen it
- CMore dangerous than staying in the car
- DCaused by her own panic and fear
9.EU lawMedium
In Brasserie du Pêcheur and Factortame III (1996), the Court held that state liability:
- ARequires proof that the state acted intentionally
- BNever applies to acts of a national parliament
- COnly arises from failure to transpose a directive, not from other acts of the national legislature
- DCan arise from acts of the national legislature, if the breach is sufficiently serious
10.EU lawHard
In Åkerberg Fransson (2013), a Swedish fisherman faced tax penalties and criminal proceedings for VAT fraud. The Court held that the Charter applied because:
- AThe national measures fell within the scope of EU law on VAT and the EU's financial interests
- BThe fisherman was an EU institution employee
- CThe Charter applies to every action of a member state, whether or not it involves EU law in any way
- DSweden had incorporated the Charter into its constitution
2Solutions
1.Contract law
Answer: A · Nothing was recoverable for the part performed
Why this is the answer
Jurisdiction: law of England and Wales. Where payment depends on complete performance, partial performance traditionally earns nothing. The harshness is softened by substantial performance and, for frustration, by statute.
A · Nothing was recoverable for the part performed
2.Contract law
Answer: D · 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.
D · The contract was void, because the finance company dealt only with the named person
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: A · The defendant must take the victim as found, including unusual vulnerabilities
Why this is the answer
Jurisdiction: law of England and Wales. If some injury is foreseeable, the defendant is liable for its full extent even if the victim's pre-existing condition makes it much worse.
A · The defendant must take the victim as found, including unusual vulnerabilities
5.Constitutional law
Answer: A · Illegality, irrationality and procedural impropriety
Why this is the answer
Jurisdiction: law of England and Wales. Illegality covers acting outside or misunderstanding powers; irrationality covers Wednesbury unreasonableness; procedural impropriety covers unfair procedures and breaches of required procedures.
A · Illegality, irrationality and procedural impropriety
6.Constitutional law
Answer: A · It is a political convention that courts cannot enforce
Why this is the answer
Jurisdiction: law of England and Wales. The Scotland Act 2016 recognised the convention, but the court held this did not turn it into a legal rule. Its operation is a matter for politics, not the courts.
A · It is a political convention that courts cannot enforce
7.Criminal law
Answer: C · Attempted murder
Why this is the answer
Jurisdiction: law of England and Wales. The poison was not a factual cause of death, so there is no murder, but D's intent and acts more than merely preparatory make D guilty of attempted murder.
8.Criminal law
Answer: B · So "daft" or unexpected that no reasonable person could have foreseen it
Why this is the answer
Jurisdiction: law of England and Wales. A victim's reaction does not break the chain if it was within the range of responses reasonably foreseeable; only a daft reaction would.
B · So "daft" or unexpected that no reasonable person could have foreseen it
9.EU law
Answer: D · Can arise from acts of the national legislature, if the breach is sufficiently serious
Why this is the answer
Jurisdiction: EU law. Any organ of the state, including the legislature, can cause liability; a breach is sufficiently serious where the state manifestly and gravely disregarded the limits on its discretion.
D · Can arise from acts of the national legislature, if the breach is sufficiently serious
10.EU law
Answer: A · The national measures fell within the scope of EU law on VAT and the EU's financial interests
Why this is the answer
Jurisdiction: EU law. The Court read "implementing EU law" as acting within the scope of EU law, so ne bis in idem under Article 50 of the Charter could apply.
A · The national measures fell within the scope of EU law on VAT and the EU's financial interests