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:
- AWhen it is received by the offeror
- BWhen the offeror reads it a week later
- CWhen it is sent by the offeree
- DWhen it is confirmed by post
2.Contract lawHard
An actress is wrongly denied the chance to take part in the final stage of a competition in which some finalists would win prizes. In Chaplin v Hicks:
- AShe could recover only her travel expenses
- BShe could recover damages for the loss of a chance
- CShe could recover the full value of a prize
- DShe could recover nothing, because her loss was uncertain
3.Tort lawMedium
After a flood makes a factory floor slippery, the owner spreads sawdust but not everywhere, and a worker slips. Under Latimer v AEC, the owner was:
- ANegligent, because any slip proves a breach
- BStrictly liable for flood damage
- CNot negligent, because closing the factory would have been out of proportion
- DNegligent, because it should have closed the factory until the floor was dry
4.Tort lawHard
A tall new building blocks television reception for many nearby homes. In Hunter v Canary Wharf, the House of Lords held:
- AThere was no actionable nuisance, and only those with an interest in land could sue
- BThere was a nuisance, and all residents, including family members and lodgers, could sue
- CThere was a nuisance, but only the council could sue
- DThere was no nuisance, as nuisance requires noise
5.Constitutional lawMedium
In Soering v UK, the European Court of Human Rights held that extraditing a man to the US to face a possible death sentence would breach Article 3 because:
- AThe US is not a party to the Convention
- BOf the extreme conditions and long wait on death row
- CHe would not receive a fair trial
- DThe death penalty itself always amounts to torture under Article 3
6.Constitutional lawHard
Soldiers shoot dead three suspected terrorists in Gibraltar. In McCann v UK, the European Court of Human Rights found a breach of Article 2 because:
- AThe operation was not planned and controlled to minimise the use of lethal force
- BThe soldiers acted out of personal hatred
- CThe UK had not ratified the Convention for Gibraltar
- DAny killing by state agents breaches Article 2
7.Criminal lawMedium
D drives a car she believes is her own, but which is actually V's identical car. She is not guilty of theft because:
- AShe is not dishonest and lacks intent to deprive another
- BThe car was insured by V
- CShe returned it the next morning
- DCars cannot be stolen under the Theft Act
8.Criminal lawHard
Under the Corporate Manslaughter and Corporate Homicide Act 2007, an organisation is guilty if the way its activities are managed causes death and amounts to a gross breach of a duty of care, and:
- AThe organisation intended to cause death
- BThe victim was an employee of the organisation
- CThe way senior management organised the activities was a substantial element of the breach
- DA single identified director is first personally convicted of gross negligence manslaughter
9.EU lawMedium
Costa v ENEL (1964) established:
- AThe principle of subsidiarity
- BState liability for breaches of EU law
- CThe supremacy (primacy) of EU law over national law
- DThe direct effect of regulations
10.EU lawHard
The Weiss (PSPP) judgment of the German Federal Constitutional Court in 2020 was controversial because it:
- AAbolished the euro in Germany
- BWithdrew Germany from the EU
- CDeclared a CJEU judgment ultra vires and not binding in Germany
- DAccepted unlimited supremacy of EU law
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.
A · When it is received by the offeror
2.Contract law
Answer: B · She could recover damages for the loss of a chance
Why this is the answer
Jurisdiction: law of England and Wales. The court held that the loss of a real chance can be valued. The difficulty of assessing damages does not stop the claimant recovering.
B · She could recover damages for the loss of a chance
3.Tort law
Answer: C · Not negligent, because closing the factory would have been out of proportion
Why this is the answer
Jurisdiction: law of England and Wales. The owner took reasonable steps. Shutting down the whole factory would have been a burden out of proportion to the risk.
C · Not negligent, because closing the factory would have been out of proportion
4.Tort law
Answer: A · There was no actionable nuisance, and only those with an interest in land could sue
Why this is the answer
Jurisdiction: law of England and Wales. The mere presence of a building blocking reception is not an actionable private nuisance. The Lords also held that private nuisance protects rights in land, so only those with a proprietary interest or exclusive possession can sue.
A · There was no actionable nuisance, and only those with an interest in land could sue
5.Constitutional law
Answer: B · Of the extreme conditions and long wait on death row
Why this is the answer
Jurisdiction: European Convention on Human Rights. A state can breach Article 3 by sending someone to a country where there is a real risk of torture or inhuman treatment. The "death row phenomenon" met this threshold.
B · Of the extreme conditions and long wait on death row
6.Constitutional law
Answer: A · The operation was not planned and controlled to minimise the use of lethal force
Why this is the answer
Jurisdiction: European Convention on Human Rights. Force must be absolutely necessary. The Court found that the planning and control of the operation, including assumptions passed to the soldiers, did not respect the right to life.
A · The operation was not planned and controlled to minimise the use of lethal force
7.Criminal law
Answer: A · She is not dishonest and lacks intent to deprive another
Why this is the answer
Jurisdiction: law of England and Wales. A mistaken belief that the property is one's own negates dishonesty (s2(1)(a)) and intent to deprive "another", so there is no theft.
A · She is not dishonest and lacks intent to deprive another
8.Criminal law
Answer: C · The way senior management organised the activities was a substantial element of the breach
Why this is the answer
Jurisdiction: law of England and Wales. Section 1 focuses on management failures at senior level rather than one directing mind; the penalty is an unlimited fine, and individuals are not liable under the Act.
C · The way senior management organised the activities was a substantial element of the breach
9.EU law
Answer: C · The supremacy (primacy) of EU law over national law
Why this is the answer
Jurisdiction: EU law. The Court held that member states had limited their sovereign rights and that national law, even later law, cannot override EU law.
C · The supremacy (primacy) of EU law over national law
10.EU law
Answer: C · Declared a CJEU judgment ultra vires and not binding in Germany
Why this is the answer
Jurisdiction: EU law. The BVerfG held that the CJEU's approval of the ECB's Public Sector Purchase Programme lacked a proper proportionality review and was ultra vires, challenging the CJEU's authority.
C · Declared a CJEU judgment ultra vires and not binding in Germany