1Practice problems
1.Contract lawMedium
A seller says the farms are "fully let" but does not mention that the tenants have given notice to leave. This is:
- AA mere puff with no legal effect
- BA misrepresentation by half-truth
- CMere silence, which is never actionable
- DA statement of opinion only
2.Contract lawHard
An innocent party who terminates a contract for repudiatory breach must generally:
- AContinue performing until the contract ends naturally on its agreed date
- BClearly communicate the decision to accept the repudiation
- CPay a penalty to the party in breach
- DWait for a court order before stopping performance
3.Tort lawMedium
Strict liability means a defendant can be liable:
- AOnly for criminal acts
- BOnly if they broke a contract
- COnly if they acted intentionally
- DWithout proof of fault
4.Tort lawHard
A man's leg is injured by a negligent driver. Later, robbers shoot the same leg and it is amputated. In Baker v Willoughby, the driver:
- AWas liable for the amputation too
- BRemained liable for the original disability after the shooting
- CWas liable only until the shooting
- DWas released completely from liability by the robbers' later shooting
5.Constitutional lawMedium
Under AG v De Keyser's Royal Hotel, when a statute covers the same ground as a prerogative power:
- AThe government can choose freely between the two
- BThe prerogative overrides the statute
- CThe prerogative is put in abeyance and the government must act under the statute
- DThe government may still choose the prerogative if it offers more flexible powers
6.Constitutional lawHard
Article 79(3) of the German Basic Law (the "eternity clause") forbids amendments that affect:
- AThe electoral system, the number of seats in the Bundestag, or any of the rules in Articles 38 to 48 on elections
- BOnly the articles on taxation
- CThe federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
- DAny article of the Basic Law at all
7.Criminal lawMedium
D, carrying an imitation gun and a threatening note, walks towards a post office to rob it but is arrested outside before entering. Under the Criminal Attempts Act 1981, D is most likely guilty of:
- AAttempted robbery, because D was carrying an imitation gun and a threatening note
- BBurglary, because D intended to enter the building
- CRobbery, because the intention was proved
- DNothing as attempted robbery yet, because D has not gone beyond preparation
8.Criminal lawHard
In R v Malcherek and Steel (1981), doctors switched off life-support machines after diagnosing brain death. The court held:
- ASwitching off did not break the chain; the original assailants caused the deaths
- BThe doctors became the legal cause of death by deliberately switching off the machines
- CThe defendants were guilty only of attempted murder
- DThe victims died of natural causes in law
9.EU lawMedium
In United Brands (1978), the Court defined a dominant position as:
- AAny market share above 25% in a member state
- BBeing the oldest company in a market
- CHolding a market share of more than 40% in a substantial part of the internal market, whatever the competitors' strength
- DA position of economic strength enabling an undertaking to prevent effective competition and act independently
10.EU lawHard
In Inuit Tapiriit Kanatami (2013), the Court interpreted "regulatory act" in Article 263(4) TFEU to mean:
- AAny act adopted by the Commission or the Council
- BAn act addressed to a specific individual
- CAny regulation, whether legislative or not
- DAn act of general application other than a legislative act
2Solutions
1.Contract law
Answer: B · A misrepresentation by half-truth
Why this is the answer
Jurisdiction: law of England and Wales. A statement that is literally true but misleading because of what it leaves out can be a misrepresentation.
B · A misrepresentation by half-truth
2.Contract law
Answer: B · Clearly communicate the decision to accept the repudiation
Why this is the answer
Jurisdiction: law of England and Wales. The innocent party may either affirm the contract or accept the repudiation and terminate; termination must be communicated clearly and unequivocally.
B · Clearly communicate the decision to accept the repudiation
3.Tort law
Answer: D · Without proof of fault
Why this is the answer
Jurisdiction: general principle, found in most legal systems. In strict liability (for example under the EU Product Liability Directive) the claimant need not prove negligence, only the defect, damage and causation.
D · Without proof of fault
4.Tort law
Answer: B · Remained liable for the original disability after the shooting
Why this is the answer
Jurisdiction: law of England and Wales. The second tort did not wipe out the first defendant's liability for the continuing effects of the first injury. In Jobling, a later natural disease was treated as one of life's vicissitudes and reduced damages.
B · Remained liable for the original disability after the shooting
5.Constitutional law
Answer: C · The prerogative is put in abeyance and the government must act under the statute
Why this is the answer
Jurisdiction: law of England and Wales. Where Parliament has legislated in an area, the Crown cannot use a prerogative power to avoid the statute's conditions, such as a duty to pay compensation.
C · The prerogative is put in abeyance and the government must act under the statute
6.Constitutional law
Answer: C · The federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
Why this is the answer
Jurisdiction: German law. Some core principles, including human dignity, democracy, the rule of law and federalism, cannot be changed even by the normal two-thirds majorities.
C · The federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
7.Criminal law
Answer: D · Nothing as attempted robbery yet, because D has not gone beyond preparation
Why this is the answer
Jurisdiction: law of England and Wales. In Campbell the defendant was arrested near the post office without entering it, and the court held his acts were merely preparatory, though other offences (such as possession of a weapon) may apply.
D · Nothing as attempted robbery yet, because D has not gone beyond preparation
8.Criminal law
Answer: A · Switching off did not break the chain; the original assailants caused the deaths
Why this is the answer
Jurisdiction: law of England and Wales. Where treatment is given in good faith and the original wound remains an operating cause, the defendant remains the legal cause of death.
A · Switching off did not break the chain; the original assailants caused the deaths
9.EU law
Answer: D · A position of economic strength enabling an undertaking to prevent effective competition and act independently
Why this is the answer
Jurisdiction: EU law. Dominance means the undertaking can behave to an appreciable extent independently of competitors, customers and consumers; dominance itself is lawful, only its abuse is prohibited.
D · A position of economic strength enabling an undertaking to prevent effective competition and act independently
10.EU law
Answer: D · An act of general application other than a legislative act
Why this is the answer
Jurisdiction: EU law. Legislative acts adopted under a legislative procedure are not regulatory acts, so the applicants needed individual concern and failed.
D · An act of general application other than a legislative act