1Practice problems
1.Contract lawMedium
An acceptance is sent by telex and arrives in the offeror's office during working hours. Under Entores v Miles Far East, acceptance takes effect:
- AWhen it is received by the offeror
- BWhen it is sent by the offeree
- CWhen the offeror reads it a week later
- DWhen it is confirmed by post
2.Contract lawHard
A van is bought "on hire-purchase terms" with no further detail, and such terms varied widely in practice. In Scammell v Ouston, the House of Lords held:
- AThe seller's usual terms applied
- BThere was a contract on the standard hire-purchase terms of the market
- CThere was a contract at a reasonable price
- DThere was no contract, because the terms were too vague
3.Tort lawMedium
Under Montgomery v Lanarkshire Health Board, a doctor must inform a patient about:
- ANothing, unless the patient asks
- BEvery possible risk, however remote
- COnly the risks other doctors would usually mention
- DMaterial risks of treatment and reasonable alternatives
4.Tort lawHard
As a practical joke, a man falsely tells a woman that her husband has been badly injured. She suffers a serious illness from the shock. In Wilkinson v Downton, the man was:
- ALiable for intentionally causing physical harm by a false statement
- BLiable only in defamation
- CNot liable, because it was only a joke
- DNot liable, because there was no direct physical contact with the woman
5.Constitutional lawMedium
In Golder v UK, the European Court of Human Rights held that Article 6 includes:
- AA right to free legal aid in all cases
- BA right to appeal to Strasbourg
- CA right to a jury trial
- DA right of access to a court
6.Constitutional lawHard
In Madzimbamuto v Lardner-Burke, the Privy Council held that the UK Parliament could still legislate for Southern Rhodesia because:
- ARhodesia had become fully independent
- BA convention that it would not do so did not limit its legal power
- CThe convention was legally binding but had been waived by Rhodesia
- DRhodesia had consented to the legislation
7.Criminal lawMedium
In English law, the mens rea of murder is:
- AIntention to frighten the victim
- BSubjective recklessness as to causing death or serious harm
- CNegligence in causing death
- DIntention to kill or to cause grievous bodily harm
8.Criminal lawHard
In R v Cheshire, the court held that negligent medical treatment of a gunshot victim:
- ADid not break the chain of causation unless it was so independent and potent that the original wound became insignificant
- BAlways breaks the chain of causation
- CBroke the chain of causation whenever it was negligent enough to be the immediate medical cause of death, even if the wound still operated
- DMakes the doctors liable for murder
9.EU lawMedium
In Lawrie-Blum (1986), the Court defined a "worker" under Article 45 TFEU as a person who:
- AHolds a permanent full-time contract of employment registered with the authorities of the host member state
- BIs registered with a national trade union
- CPerforms services for and under the direction of another in return for remuneration
- DEarns at least the national minimum wage for a year
10.EU lawHard
In Köbler (2003), the Court of Justice held that state liability can arise from:
- AOnly failures of the national legislature
- BAny error of interpretation made by a national court of first instance, however minor
- CA manifest infringement of EU law by a national court of last instance
- DDecisions of the Court of Justice itself
2Solutions
1.Contract law
Answer: A · When it is received by the offeror
Why this is the answer
Jurisdiction: law of England and Wales. For instantaneous communications, acceptance is effective when received by the offeror. The Brimnes added that a message received in office hours is effective then, even if not read.
A · When it is received by the offeror
2.Contract law
Answer: D · There was no contract, because the terms were too vague
Why this is the answer
Jurisdiction: law of England and Wales. An agreement is not a contract if its essential terms are too uncertain for the court to give them meaning. In Hillas v Arcos, a previous contract and trade practice allowed the court to fill the gap.
D · There was no contract, because the terms were too vague
3.Tort law
Answer: D · Material risks of treatment and reasonable alternatives
Why this is the answer
Jurisdiction: law of England and Wales. A risk is material if a reasonable person in the patient's position would attach significance to it, or the doctor knows this patient would. The Bolam test no longer governs advice about risks.
D · Material risks of treatment and reasonable alternatives
4.Tort law
Answer: A · Liable for intentionally causing physical harm by a false statement
Why this is the answer
Jurisdiction: law of England and Wales. The court recognised liability for conduct calculated to cause physical harm. In Rhodes v OPO the Supreme Court held the tort requires an intention to cause physical or psychiatric harm or severe distress.
A · Liable for intentionally causing physical harm by a false statement
5.Constitutional law
Answer: D · A right of access to a court
Why this is the answer
Jurisdiction: European Convention on Human Rights. The Court held that the fair trial guarantees would be meaningless without the right to bring a case to court in the first place.
D · A right of access to a court
6.Constitutional law
Answer: B · 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.
B · A convention that it would not do so did not limit its legal power
7.Criminal law
Answer: D · 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.
D · Intention to kill or to cause grievous bodily harm
8.Criminal law
Answer: A · Did not break the chain of causation unless it was so independent and potent that the original wound became insignificant
Why this is the answer
Jurisdiction: law of England and Wales. Medical negligence rarely breaks the chain; the defendant remains liable if their act still contributed significantly to the death.
A · Did not break the chain of causation unless it was so independent and potent that the original wound became insignificant
9.EU law
Answer: C · Performs services for and under the direction of another in return for remuneration
Why this is the answer
Jurisdiction: EU law. The essential feature of an employment relationship is that a person performs services for a period under the direction of another in return for remuneration; trainee teachers qualified.
C · Performs services for and under the direction of another in return for remuneration
10.EU law
Answer: C · A manifest infringement of EU law by a national court of last instance
Why this is the answer
Jurisdiction: EU law. Köbler extended Francovich liability to judicial decisions of final courts, but only where the court manifestly infringed applicable EU law.
C · A manifest infringement of EU law by a national court of last instance