1Practice problems
1.Contract lawMedium
Police provide extra officers at a mine during a strike, beyond what their public duty requires, at the owner's request. The owner's promise to pay is:
- AUnenforceable, because police protection can never be consideration for a promise
- BVoid, because it is contrary to public policy
- CEnforceable, because doing more than a public duty is consideration
- DEnforceable only if approved by Parliament
2.Contract lawHard
A council writes that it "may be prepared to sell" a house to a tenant and invites a formal application. The tenant applies, then the council changes its policy. In Gibson v Manchester City Council, the House of Lords held:
- AA contract was formed when the tenant applied
- BThe council was bound by estoppel to sell
- CA contract was formed when the council's letter was sent to the tenant
- DThere was no contract, because the letter was not an offer
3.Tort lawMedium
A boarding-house warden employed by a school abuses the boys in his care. In Lister v Hesley Hall, the employer was:
- ALiable only for its own negligent hiring
- BNot liable, because the warden acted for himself
- CNot liable, because abuse is never within the course of the warden's employment
- DVicariously liable, because the abuse was closely connected with his duties
4.Tort lawHard
After a workplace injury weakens his leg, a man walks down steep stairs with no handrail while carrying a child, his leg gives way, and he jumps and breaks his ankle. In McKew v Holland and Hannen and Cubitts:
- AThe stairs' owner was solely liable
- BHis unreasonable conduct broke the chain of causation
- CThe employer was liable for the ankle injury as a foreseeable result
- DThe employer was liable for half of the ankle injury
5.Constitutional lawMedium
In Lingens v Austria, the European Court of Human Rights held that politicians:
- AHave no rights under Article 10
- BAre fully protected from any criticism
- CMust tolerate wider criticism than private individuals
- DCannot sue for defamation at all
6.Constitutional lawHard
The Venice Commission is:
- AThe EU's highest court
- BAn Italian regional parliament
- CA United Nations body that hears individual human rights complaints
- DThe Council of Europe's advisory body on constitutional law
7.Criminal lawMedium
D attacks someone while sleepwalking. Following R v Burgess, the correct defence is:
- ASelf-defence, because D was dreaming of an attack
- BInvoluntary intoxication, because D was not aware
- CInsanity, because sleepwalking was caused by an internal factor
- DNon-insane automatism, because sleep is natural
8.Criminal lawHard
In R v Dica (2004), D had sex with partners without telling them he was HIV-positive. The Court of Appeal held that:
- AConsent is never relevant to the transmission of disease, since s20 protects public health
- BNon-disclosure always makes sex rape under English law
- CD was guilty of murder, because HIV can kill
- DInformed consent to the risk of infection could be a defence to inflicting GBH under s20
9.EU lawMedium
According to the Dassonville formula, a measure having equivalent effect to a quantitative restriction is:
- AAny trading rule capable of hindering, directly or indirectly, actually or potentially, intra-EU trade
- BOnly a rule that openly discriminates against imported goods in favour of domestic products of the same kind
- CAny tax on goods coming from another member state
- DOnly a rule that fixes a numerical limit on imports
10.EU lawHard
In Centros (1999), a Danish couple registered a company in the UK to avoid Danish minimum capital rules and sought to open a branch in Denmark. The Court held:
- ACompanies have no right of establishment under EU law
- BRefusing to register the branch breached the freedom of establishment
- CThe UK was required to dissolve the company
- DDenmark could refuse because the company was set up to avoid Danish law
2Solutions
1.Contract law
Answer: C · Enforceable, because doing more than a public duty is consideration
Why this is the answer
Jurisdiction: law of England and Wales. Performing an existing public duty is not consideration, but going beyond it is. Here the police provided more protection than they judged necessary, so payment was due.
C · Enforceable, because doing more than a public duty is consideration
2.Contract law
Answer: D · There was no contract, because the letter was not an offer
Why this is the answer
Jurisdiction: law of England and Wales. The council's letter was only an invitation to treat. The tenant's application was an offer, which the council never accepted.
D · There was no contract, because the letter was not an offer
3.Tort law
Answer: D · Vicariously liable, because the abuse was closely connected with his duties
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords held that the warden's torts were so closely connected with his job of caring for the boys that it was fair and just to hold the employer liable.
D · Vicariously liable, because the abuse was closely connected with his duties
4.Tort law
Answer: B · His unreasonable conduct broke the chain of causation
Why this is the answer
Jurisdiction: law of England and Wales. The claimant's own unreasonable conduct can be a new intervening act. Knowing his leg was weak, he acted unreasonably, so the employer was not liable for the second injury.
B · His unreasonable conduct broke the chain of causation
5.Constitutional law
Answer: C · Must tolerate wider criticism than private individuals
Why this is the answer
Jurisdiction: European Convention on Human Rights. Under Article 10, the limits of acceptable criticism are wider for a politician acting in a public capacity, who knowingly lays himself open to close scrutiny.
C · Must tolerate wider criticism than private individuals
6.Constitutional law
Answer: D · The Council of Europe's advisory body on constitutional law
Why this is the answer
Jurisdiction: international law. The Venice Commission advises states on constitutional matters, the rule of law and elections; its opinions are influential but not binding.
D · The Council of Europe's advisory body on constitutional law
7.Criminal law
Answer: C · Insanity, because sleepwalking was caused by an internal factor
Why this is the answer
Jurisdiction: law of England and Wales. Burgess held that the sleepwalking arose from an internal factor that could recur, so it was a disease of the mind under the M'Naghten Rules.
C · Insanity, because sleepwalking was caused by an internal factor
8.Criminal law
Answer: D · Informed consent to the risk of infection could be a defence to inflicting GBH under s20
Why this is the answer
Jurisdiction: law of England and Wales. Because the partners did not know of his status, they could not consent to the risk, so D could be guilty of recklessly inflicting GBH; informed consent to the risk could be a defence.
D · Informed consent to the risk of infection could be a defence to inflicting GBH under s20
9.EU law
Answer: A · 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.
A · Any trading rule capable of hindering, directly or indirectly, actually or potentially, intra-EU trade
10.EU law
Answer: B · Refusing to register the branch breached the freedom of establishment
Why this is the answer
Jurisdiction: EU law. Exercising the freedom to incorporate where rules are least restrictive is not abuse; Denmark's refusal was a restriction that could not be justified on the facts.
B · Refusing to register the branch breached the freedom of establishment