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 perform her contract with the studio
- BOrder her to pay the rival's profits to the court
- CGrant an injunction stopping her acting for the rival
- DRefuse any remedy, as personal services are involved
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
- BIt was valuable to the promisor when it was done
- CIt was requested, payment was understood, and the promise would otherwise be enforceable
- DThe later promise was made in writing
3.Tort lawMedium
A driver is in a minor collision, suffers no physical injury, but his chronic fatigue illness becomes permanent. In Page v Smith, he could recover because:
- AThe defendant intended to injure him
- BHe was a primary victim and personal injury of some kind was foreseeable
- CHe had a close tie of love with the other driver
- DPsychiatric injury is always recoverable after any road accident, however minor
4.Tort lawHard
After drinking together for hours, a man agrees to fly with an obviously very drunk pilot, and the plane crashes. In Morris v Murray, the passenger's claim:
- AFailed, because of illegality
- BFailed, because he voluntarily accepted the risk
- CSucceeded, because volenti never applies to passengers
- DSucceeded, with damages reduced for contributory negligence
5.Constitutional lawMedium
In Marbury v Madison (1803), the US Supreme Court established:
- AThe power of courts to review the constitutionality of legislation
- BThe power of Congress to overrule decisions of the federal judiciary
- CThe right to bear arms
- DThe President's veto power
6.Constitutional lawHard
In R (Privacy International) v Investigatory Powers Tribunal (2019), the Supreme Court held that an ouster clause protecting the Tribunal's decisions:
- AExcluded all review of its decisions
- BDid not exclude judicial review of its errors of law
- CApplied only to decisions on national security
- DWas invalid because it was in secondary legislation
7.Criminal lawMedium
D drinks heavily to gain courage before killing V, as planned. Following A-G for Northern Ireland v Gallagher, D:
- ACan only be guilty of manslaughter
- BHas a defence of involuntary intoxication
- CCan rely on intoxication because murder is a specific intent offence
- DCannot rely on intoxication, because the intent to kill was formed before drinking
8.Criminal lawHard
In R v Sullivan (1984), D injured a friend during an epileptic seizure. The House of Lords held:
- AD was guilty because he knew he was epileptic
- BEpilepsy was a "disease of the mind" in law, so the defence was insanity
- CEpilepsy was an external factor, so the defence was automatism
- DOnly psychiatric illnesses can be diseases of the mind
9.EU lawMedium
Van Gend en Loos (1963) established that:
- ADirectives have horizontal direct effect
- BTreaty provisions can have direct effect and create rights for individuals in national courts
- CTreaty provisions bind only the member states and never create rights for individuals before national courts
- DMember states can leave the EU at will
10.EU lawHard
In Faccini Dori (1994), a consumer tried to rely on an untransposed consumer directive against a private company. The Court held that:
- ADirectives cannot of themselves impose obligations on individuals, so she could not rely on it
- BThe company was an emanation of the state
- CThe directive had horizontal direct effect, because consumers are the weaker contracting parties
- DThe directive was invalid because it had not been transposed
2Solutions
1.Contract law
Answer: C · 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.
C · Grant an injunction stopping her acting for the rival
2.Contract law
Answer: C · 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.
C · It was requested, payment was understood, and the promise would otherwise be enforceable
3.Tort law
Answer: B · He was a primary victim and personal injury of some kind was foreseeable
Why this is the answer
Jurisdiction: law of England and Wales. For a primary victim, it is enough that some personal injury was foreseeable; the claimant need not show that psychiatric injury itself was foreseeable.
B · He was a primary victim and personal injury of some kind was foreseeable
4.Tort law
Answer: B · Failed, because he voluntarily accepted the risk
Why this is the answer
Jurisdiction: law of England and Wales. The Court of Appeal held that, by knowingly flying with a pilot who was clearly very drunk, the passenger had accepted the risk of injury, so the defence of volenti applied.
B · Failed, because he voluntarily accepted the risk
5.Constitutional law
Answer: A · The power of courts to review the constitutionality of legislation
Why this is the answer
Jurisdiction: United States law. Chief Justice Marshall held that courts can declare acts of Congress void if they conflict with the Constitution.
A · The power of courts to review the constitutionality of legislation
6.Constitutional law
Answer: B · Did not exclude judicial review of its errors of law
Why this is the answer
Jurisdiction: law of England and Wales. The majority held the clause, read in the light of Anisminic, did not oust review for errors of law. Some judges added that the rule of law may limit Parliament's power to exclude review completely.
B · Did not exclude judicial review of its errors of law
7.Criminal law
Answer: D · 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.
D · Cannot rely on intoxication, because the intent to kill was formed before drinking
8.Criminal law
Answer: B · Epilepsy was a "disease of the mind" in law, so the defence was insanity
Why this is the answer
Jurisdiction: law of England and Wales. Any internal condition impairing these faculties, however temporary and whether organic or functional, can be a disease of the mind under the M'Naghten Rules.
B · Epilepsy was a "disease of the mind" in law, so the defence was insanity
9.EU law
Answer: B · Treaty provisions can have direct effect and create rights for individuals in national courts
Why this is the answer
Jurisdiction: EU law. The Court held that clear, precise and unconditional treaty provisions (here on customs duties) give individuals rights enforceable before national courts.
B · Treaty provisions can have direct effect and create rights for individuals in national courts
10.EU law
Answer: A · Directives cannot of themselves impose obligations on individuals, so she could not rely on it
Why this is the answer
Jurisdiction: EU law. The Court confirmed Marshall: no horizontal direct effect of directives, but national courts must interpret national law consistently and the state may be liable in damages.
A · Directives cannot of themselves impose obligations on individuals, so she could not rely on it