Introduction to Law: cram pack

At an auction in England, the contract of sale is completed when:

1. AThe buyer collects the goods
2. BThe auctioneer puts the item up for sale
3. CThe auctioneer brings down the hammer
4. DThe bidder makes the highest bid

In a face-to-face sale, a rogue falsely claims to be a famous actor, pays with a worthless cheque, and sells the car on to an innocent buyer. Under Lewis v Averay, the first contract was:

1. AVoid, because cheques cannot pay for cars
2. BVoid for mistake, so the innocent buyer got no title
3. CVoidable for fraud, so the innocent buyer got good title
4. DValid, and the seller could only sue the rogue in tort

A council leaves an abandoned boat on its land. Two boys jack it up to repair it, and it falls and injures one. In Jolley v Sutton LBC, the council was:

1. ANot liable, because repairs are not play
2. BLiable only to the boy who used the jack
3. CNot liable, because the boys' exact actions were unforeseeable
4. DLiable, because the broad type of accident was foreseeable

After drinking together for hours, a man agrees to fly with an obviously very drunk pilot, and the plane crashes. In Morris v Murray, the passenger's claim:

1. AFailed, because he voluntarily accepted the risk
2. BSucceeded, with damages reduced for contributory negligence
3. CSucceeded, because volenti never applies to passengers
4. DFailed, because of illegality

Under Article 94 of the Dutch Constitution, Dutch courts:

1. AApply statutes even if they conflict with treaties
2. BDo not apply statutes that conflict with treaty provisions binding on everyone
3. CMust refer all treaty questions to the Council of State
4. DCan strike down statutes that conflict with the Constitution or with general principles

After 2001, the UK detained foreign terrorism suspects indefinitely without trial. In A v Home Secretary (the Belmarsh case), the House of Lords:

1. AHeld that national security questions were for the executive alone and could not be reviewed by courts
2. BMade a declaration of incompatibility, finding the measure disproportionate and discriminatory
3. CUpheld the detention as a valid response to an emergency
4. DOrdered the immediate release of all detainees

D attacks someone while sleepwalking. Following R v Burgess, the correct defence is:

1. ANon-insane automatism, because sleep is natural
2. BInsanity, because sleepwalking was caused by an internal factor
3. CInvoluntary intoxication, because D was not aware
4. DSelf-defence, because D was dreaming of an attack

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. BOnly shop thefts involve appropriation
3. CCivil law always decides criminal liability for theft
4. DA valid gift can never be theft because full ownership passes to the recipient at once

In Brasserie du Pêcheur and Factortame III (1996), the Court held that state liability:

1. ANever applies to acts of a national parliament
2. BCan arise from acts of the national legislature, if the breach is sufficiently serious
3. CRequires proof that the state acted intentionally
4. DOnly arises from failure to transpose a directive, not from other acts of the national legislature

In Commission v Italy (Art Treasures, 1968), Italy taxed the export of artistic and historical works. The Court held that:

1. AArt is not "goods", so the free movement rules did not apply
2. BThe tax was justified under Article 36 to protect national treasures of artistic or historic value
3. CExport taxes are outside the scope of the customs union
4. DThe tax was a charge having equivalent effect and was prohibited regardless of its purpose