Introduction to Law: cram pack

Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.

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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:

  1. AWhen it is received by the offeror
  2. BWhen it is sent by the offeree
  3. CWhen the offeror reads it a week later
  4. DWhen it is confirmed by post
2.Contract lawHard

Asked to "telegraph lowest cash price" for a property, the owner replies "Lowest price £900". The enquirer then telegraphs that he accepts. In Harvey v Facey:

  1. AThere was a contract at a reasonable price
  2. BThere was a contract at £900
  3. CThere was no contract, because stating a lowest price was not an offer
  4. DThe reply was a counter-offer, which the enquirer's telegram then accepted
3.Tort lawMedium

A worker inhales silica dust from two sources, only one of which was due to the employer's breach. In Bonnington Castings v Wardlaw, the employer was liable because the guilty dust:

  1. AWas the only cause of the disease
  2. BWas more than half of the total dust
  3. CMaterially contributed to the disease
  4. DWas easier to prevent than the other dust
4.Tort lawHard

A bank requires job applicants to have medical examinations by a self-employed doctor, who abuses some of them. In Barclays Bank v Various Claimants (2020), the Supreme Court held the bank:

  1. AVicariously liable, because it chose the doctor
  2. BStrictly liable for any harm to applicants
  3. CNot vicariously liable, as the doctor was an independent contractor running his own business
  4. DVicariously liable, as the relationship was akin to employment and the bank benefited from his work
5.Constitutional lawMedium

In R (Jackson) v Attorney General, the House of Lords held that:

  1. AThe Hunting Act was incompatible with Convention rights
  2. BThe House of Lords could veto any bill permanently
  3. CThe Parliament Act 1949 and the Hunting Act 2004 passed under it were valid
  4. DActs passed under the Parliament Acts were merely invalid delegated legislation
6.Constitutional lawHard

In R (Nicklinson) v Ministry of Justice (2014), concerning the ban on assisted suicide, the majority of the UK Supreme Court:

  1. AHeld that Article 8 was not engaged at all
  2. BRead the ban down under section 3 to allow assisted dying
  3. CMade a declaration of incompatibility with Article 8, while leaving the ban itself in force for now
  4. DDeclined to make a declaration of incompatibility at that time, leaving it to Parliament
7.Criminal lawMedium

D, who honestly but wrongly believes V is attacking a stranger, punches V. Following R v Williams (Gladstone), D:

  1. AIs judged on the facts as D honestly believed them to be
  2. BIs liable, because the mistaken belief was not based on reasonable grounds
  3. CIs liable, because the mistake was about the facts
  4. DMust prove the belief on the balance of probabilities
8.Criminal lawHard

In R v Hinks (2000), the House of Lords held that:

  1. AReceiving a valid gift can be an appropriation, so it can be theft if dishonest
  2. BA valid gift can never be theft because full ownership passes to the recipient at once
  3. CCivil law always decides criminal liability for theft
  4. DOnly shop thefts involve appropriation
9.EU lawMedium

The Bosman judgment (1995) held that football transfer rules for out-of-contract players and nationality quotas:

  1. AWere outside EU law because sport is not economic
  2. BWere justified by the need for national teams
  3. COnly breached competition law, not free movement
  4. DBreached the free movement of workers
10.EU lawHard

In Van Duyn v Home Office (1974), a Dutch Scientologist was refused entry to the UK. The Court held that:

  1. AA directive provision could have direct effect, and present association with an organisation could count as personal conduct
  2. BDirectives can never have direct effect
  3. CReligious organisations are fully protected by free movement law
  4. DThe UK could not rely on public policy, because membership of a lawful organisation is never personal conduct for that purpose

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.

Answer

A · When it is received by the offeror
2.Contract law

Answer: C · There was no contract, because stating a lowest price was not an offer

Why this is the answer

Jurisdiction: law of England and Wales. Giving information about the price in reply to a request is not an offer to sell. The final telegram was itself an offer, which was never accepted.

Answer

C · There was no contract, because stating a lowest price was not an offer
3.Tort law

Answer: C · Materially contributed to the disease

Why this is the answer

Jurisdiction: law of England and Wales. Where a disease is caused by a cumulative process, a claimant succeeds by proving that the tortious source made a material contribution to it, even if it was not the sole cause.

Answer

C · Materially contributed to the disease
4.Tort law

Answer: C · Not vicariously liable, as the doctor was an independent contractor running his own business

Why this is the answer

Jurisdiction: law of England and Wales. The court confirmed that vicarious liability does not extend to genuine independent contractors. The doctor had his own practice and other clients, and was not part of the bank's business.

Answer

C · Not vicariously liable, as the doctor was an independent contractor running his own business
5.Constitutional law

Answer: C · The Parliament Act 1949 and the Hunting Act 2004 passed under it were valid

Why this is the answer

Jurisdiction: law of England and Wales. The Lords held that Acts passed using the Parliament Acts are primary legislation. Some judges suggested obiter that there could be limits on parliamentary sovereignty in extreme cases.

Answer

C · The Parliament Act 1949 and the Hunting Act 2004 passed under it were valid
6.Constitutional law

Answer: D · Declined to make a declaration of incompatibility at that time, leaving it to Parliament

Why this is the answer

Jurisdiction: law of England and Wales. The court held it had power to make a declaration, but most judges considered it inappropriate then, as Parliament should first consider the issue.

Answer

D · Declined to make a declaration of incompatibility at that time, leaving it to Parliament
7.Criminal law

Answer: A · Is judged on the facts as D honestly believed them to be

Why this is the answer

Jurisdiction: law of England and Wales. D may rely on self-defence if the force was reasonable in the circumstances as D genuinely believed them to be; reasonableness of the belief is only evidence of whether it was held.

Answer

A · Is judged on the facts as D honestly believed them to be
8.Criminal law

Answer: A · Receiving a valid gift can be an appropriation, so it can be theft if dishonest

Why this is the answer

Jurisdiction: law of England and Wales. Hinks extended Gomez: acquiring an indefeasible title to property can still be an appropriation, leaving dishonesty to filter liability.

Answer

A · Receiving a valid gift can be an appropriation, so it can be theft if dishonest
9.EU law

Answer: D · Breached the free movement of workers

Why this is the answer

Jurisdiction: EU law. The Court held that rules adopted by sporting associations requiring transfer fees for out-of-contract players, and limiting foreign EU players, restricted Article 45.

Answer

D · Breached the free movement of workers
10.EU law

Answer: A · A directive provision could have direct effect, and present association with an organisation could count as personal conduct

Why this is the answer

Jurisdiction: EU law. Van Duyn was the first case recognising direct effect of a directive and allowed a public policy restriction based on the individual's current association with an organisation.

Answer

A · A directive provision could have direct effect, and present association with an organisation could count as personal conduct

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