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

What is an exclusion clause?

  1. AA term that excludes third parties from the contract
  2. BA clause allowing termination at any time
  3. CA term that excludes a party from paying VAT
  4. DA term that limits or excludes one party's liability
2.Contract lawHard

Under the EU Unfair Terms Directive, a non-negotiated consumer contract term is unfair if:

  1. AIt was written in small font
  2. BThe consumer did not read it
  3. CContrary to good faith, it causes a significant imbalance to the consumer's detriment
  4. DIt benefits the trader in any way, even where the consumer's rights are not significantly affected
3.Tort lawMedium

Police officers who helped at the Hillsborough disaster suffered psychiatric injury. In White v Chief Constable of South Yorkshire, their claims:

  1. AFailed, because the police can never sue their employer
  2. BSucceeded, because rescuers are always treated as primary victims in English law
  3. CFailed, because they were not in physical danger and were not primary victims
  4. DSucceeded, because they were employees of the defendant
4.Tort lawHard

Which statement about the "loss of a chance" doctrine in English medical negligence is correct?

  1. AAny lost chance is fully compensated
  2. BThe doctrine applies only to economic loss in all cases
  3. CA lost chance of recovery below 50% is generally not compensated (Gregg v Scott)
  4. DLost chances are compensated proportionately, as in claims for lost commercial chances
5.Constitutional lawMedium

In CCSU v Minister for the Civil Service (the GCHQ case), Lord Diplock classified the grounds of judicial review as:

  1. AIllegality, irrationality and procedural impropriety
  2. BFraud, mistake and duress
  3. CJurisdiction, motive and fairness
  4. DLegality, legitimacy and proportionality
6.Constitutional lawHard

Article 79(3) of the German Basic Law (the "eternity clause") forbids amendments that affect:

  1. AThe federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
  2. BThe electoral system, the number of seats in the Bundestag, or any of the rules in Articles 38 to 48 on elections
  3. CAny article of the Basic Law at all
  4. DOnly the articles on taxation
7.Criminal lawMedium

D and V are playing a properly organised rugby match. D tackles V within the rules and V breaks a leg. D is most likely:

  1. ALiable for battery, because consent is never a defence to serious bodily harm
  2. BNot liable, because players consent to injuries within the rules of the game
  3. CLiable for GBH, because a serious injury was caused
  4. DLiable, because rugby is not a recognised sport
8.Criminal lawHard

In R v Roberts (1971), a woman jumped from a moving car to escape a sexual assault and was injured. The court held the defendant liable unless her reaction was:

  1. ACaused by her own panic and fear
  2. BSo "daft" or unexpected that no reasonable person could have foreseen it
  3. CMore dangerous than staying in the car
  4. DTaken without first asking the defendant to stop the car and let her out
9.EU lawMedium

A member state taxes imported whisky more heavily than a similar domestic spirit. Which provision is most directly breached?

  1. AArticle 101 TFEU on cartels
  2. BArticle 110 TFEU on discriminatory internal taxation
  3. CArticle 30 TFEU on customs duties and charges having equivalent effect
  4. DArticle 45 TFEU on workers
10.EU lawHard

In Inuit Tapiriit Kanatami (2013), the Court interpreted "regulatory act" in Article 263(4) TFEU to mean:

  1. AAny regulation, whether legislative or not
  2. BAn act addressed to a specific individual
  3. CAny act adopted by the Commission or the Council
  4. DAn act of general application other than a legislative act

2Solutions

1.Contract law

Answer: D · A term that limits or excludes one party's liability

Why this is the answer

Jurisdiction: general principle, found in most legal systems. Exclusion and limitation clauses restrict liability. They must be incorporated and are controlled by legislation, especially in consumer contracts.

Answer

D · A term that limits or excludes one party's liability
2.Contract law

Answer: C · Contrary to good faith, it causes a significant imbalance to the consumer's detriment

Why this is the answer

Jurisdiction: EU law. Directive 93/13 makes non-individually negotiated terms unfair if, contrary to good faith, they cause a significant imbalance in rights and obligations to the consumer's detriment; such terms do not bind the consumer.

Answer

C · Contrary to good faith, it causes a significant imbalance to the consumer's detriment
3.Tort law

Answer: C · Failed, because they were not in physical danger and were not primary victims

Why this is the answer

Jurisdiction: law of England and Wales. The House of Lords held that employees and rescuers must meet the normal rules. Without being in danger or reasonably believing they were, they were secondary victims and failed the Alcock criteria.

Answer

C · Failed, because they were not in physical danger and were not primary victims
4.Tort law

Answer: C · A lost chance of recovery below 50% is generally not compensated (Gregg v Scott)

Why this is the answer

Jurisdiction: law of England and Wales. In Gregg v Scott the House of Lords refused to award damages for a reduced chance of survival that was already below 50%, keeping the balance of probabilities test.

Answer

C · A lost chance of recovery below 50% is generally not compensated (Gregg v Scott)
5.Constitutional law

Answer: A · Illegality, irrationality and procedural impropriety

Why this is the answer

Jurisdiction: law of England and Wales. Illegality covers acting outside or misunderstanding powers; irrationality covers Wednesbury unreasonableness; procedural impropriety covers unfair procedures and breaches of required procedures.

Answer

A · Illegality, irrationality and procedural impropriety
6.Constitutional law

Answer: A · 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.

Answer

A · The federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
7.Criminal law

Answer: B · Not liable, because players consent to injuries within the rules of the game

Why this is the answer

Jurisdiction: law of England and Wales. Players impliedly consent to contact within the rules and to risks reasonably incidental to the game; deliberate off-the-ball violence is different (R v Barnes).

Answer

B · Not liable, because players consent to injuries within the rules of the game
8.Criminal law

Answer: B · So "daft" or unexpected that no reasonable person could have foreseen it

Why this is the answer

Jurisdiction: law of England and Wales. A victim's reaction does not break the chain if it was within the range of responses reasonably foreseeable; only a daft reaction would.

Answer

B · So "daft" or unexpected that no reasonable person could have foreseen it
9.EU law

Answer: B · Article 110 TFEU on discriminatory internal taxation

Why this is the answer

Jurisdiction: EU law. Article 110 prohibits internal taxes that discriminate against similar products from other member states or protect competing domestic products.

Answer

B · Article 110 TFEU on discriminatory internal taxation
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.

Answer

D · An act of general application other than a legislative act

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