1Practice problems
1.Contract lawMedium
A court will imply a term in fact into a commercial contract only if:
- AIt is necessary for business efficacy or so obvious it goes without saying
- BIt is usual in contracts in other industries
- CIt would be reasonable and fair to both parties, even if it is not necessary
- DIt would benefit the weaker party
2.Contract lawHard
Mutual mistake as to the existence of the subject matter (for example the goods no longer exist when contracting) usually makes the contract:
- AFully valid, with the buyer bearing the risk
- BVoid
- CValid, with compensation set by the court
- DVoidable at either party's option
3.Tort lawMedium
A firefighter is injured by a heavy jack in an unsuitable lorry rushed to rescue a woman trapped under a vehicle. Under Watt v Hertfordshire CC, the fire authority was:
- ANegligent, because it used an unsuitable vehicle
- BNegligent, because firefighters must never take risks
- CNot negligent, because saving life justified the risk
- DStrictly liable for injuries to employees
4.Tort lawHard
A newspaper publishes that a model is attending Narcotics Anonymous, with details and photographs of her leaving a meeting. In Campbell v MGN, the House of Lords held:
- APublishing the details and photographs was a misuse of private information
- BOnly the fact of her addiction was private
- CThere was no claim, because she had lied about drug use
- DThere was no claim, because the photographs were taken on a public street in London
5.Constitutional lawMedium
In Bellinger v Bellinger, the House of Lords could not read the marriage law to recognise a trans woman's marriage to a man, so it:
- AMade a declaration of incompatibility
- BRead the statute compatibly under section 3
- CStruck down the relevant provision
- DReferred the case to Strasbourg
6.Constitutional lawHard
The Constitutional Reform Act 2005 changed the office of Lord Chancellor so that:
- AThe Lord Chancellor gained power to dismiss judges
- BThe Lord Chancellor became President of the Supreme Court and head of the judiciary in England
- CThe office was abolished completely
- DThe Lord Chief Justice, not the Lord Chancellor, is head of the judiciary in England and Wales
7.Criminal lawMedium
Involuntary intoxication can be a defence when:
- AThe defendant was less inhibited but still formed intent
- BThe offence is a strict liability offence
- CThe defendant chose to drink heavily
- DIt meant the defendant lacked the required mens rea
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
If a member state does not comply with a Court judgment finding an infringement, under Article 260(2) TFEU the Court can:
- AImpose a lump sum or penalty payment on the state
- BAnnul the conflicting national law itself
- CExpel the state from the EU
- DSuspend the state's voting rights in the Council
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:
- AThe UK was required to dissolve the company
- BCompanies have no right of establishment under EU law
- CDenmark could refuse because the company was set up to avoid Danish law
- DRefusing to register the branch breached the freedom of establishment
2Solutions
1.Contract law
Answer: A · It is necessary for business efficacy or so obvious it goes without saying
Why this is the answer
Jurisdiction: law of England and Wales. Implication in fact is strict. Marks and Spencer v BNP Paribas confirmed that a term is not implied merely because it would be reasonable.
A · It is necessary for business efficacy or so obvious it goes without saying
2.Contract law
Answer: B · Void
Why this is the answer
Jurisdiction: law of England and Wales. Where both parties assume the goods exist but they have already perished, the contract is void for common mistake (res extincta).
3.Tort law
Answer: C · Not negligent, because saving life justified the risk
Why this is the answer
Jurisdiction: law of England and Wales. The purpose of the defendant's act is relevant. The urgency of saving life justified taking a risk that would be unreasonable in an ordinary commercial setting.
C · Not negligent, because saving life justified the risk
4.Tort law
Answer: A · Publishing the details and photographs was a misuse of private information
Why this is the answer
Jurisdiction: law of England and Wales. The paper could reveal she had lied about drug use, but the details of her treatment and the photographs went further. Balancing Articles 8 and 10, her privacy prevailed.
A · Publishing the details and photographs was a misuse of private information
5.Constitutional law
Answer: A · Made a declaration of incompatibility
Why this is the answer
Jurisdiction: law of England and Wales. The issue raised wide social questions best left to Parliament, so a compatible reading was not appropriate. Parliament responded with the 2004 Act.
A · Made a declaration of incompatibility
6.Constitutional law
Answer: D · The Lord Chief Justice, not the Lord Chancellor, is head of the judiciary in England and Wales
Why this is the answer
Jurisdiction: law of England and Wales. The Lord Chancellor had been a minister, a judge and the Speaker of the Lords. The Act moved judicial headship to the Lord Chief Justice and imposed a statutory duty on ministers to uphold judicial independence.
D · The Lord Chief Justice, not the Lord Chancellor, is head of the judiciary in England and Wales
7.Criminal law
Answer: D · It meant the defendant lacked the required mens rea
Why this is the answer
Jurisdiction: law of England and Wales. Involuntary intoxication helps only where it prevents the defendant forming the mens rea; reduced inhibitions are not enough.
D · It meant the defendant lacked the required mens rea
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 · Impose a lump sum or penalty payment on the state
Why this is the answer
Jurisdiction: EU law. On a second referral by the Commission, the Court can impose a lump sum and/or periodic penalty payments; Article 7 TEU, not Article 260, can lead to suspension of voting rights.
A · Impose a lump sum or penalty payment on the state
10.EU law
Answer: D · 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.
D · Refusing to register the branch breached the freedom of establishment