Introduction to Law: cram pack

A court will imply a term in fact into a commercial contract only if:

1. AIt would be reasonable and fair to both parties, even if it is not necessary
2. BIt is necessary for business efficacy or so obvious it goes without saying
3. CIt would benefit the weaker party
4. DIt is usual in contracts in other industries

In English law, a presumption of undue influence typically arises when:

1. AThere is a relationship of trust and confidence and a transaction that calls for explanation
2. BThe price agreed is substantially lower than the market price, whatever the relationship of the parties
3. CAny customer signs a contract with a bank
4. DAny contract is made between members of a family

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:

1. AStrictly liable for flood damage
2. BNegligent, because it should have closed the factory until the floor was dry
3. CNot negligent, because closing the factory would have been out of proportion
4. DNegligent, because any slip proves a breach

A man is prevented from walking along part of a bridge closed for an event, but is free to go back the way he came. In Bird v Jones, the court held:

1. AThere was no false imprisonment, because his freedom was not totally restricted
2. BThere was false imprisonment, because he could not continue the way he wanted to go
3. CThere was false imprisonment, because the bridge was public
4. DThere was an assault, because he was blocked

Article 2 of the ECHR (right to life) imposes on states a positive obligation to:

1. AAbolish all police forces
2. BGuarantee that no citizen ever dies
3. CGuarantee free housing and healthcare to everyone within their territory
4. DTake appropriate steps to safeguard lives within their jurisdiction

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

1. ADeclined to make a declaration of incompatibility at that time, leaving it to Parliament
2. BHeld that Article 8 was not engaged at all
3. CRead the ban down under section 3 to allow assisted dying
4. DMade a declaration of incompatibility with Article 8, while leaving the ban itself in force for now

Gang members threaten D to make her rob a post office. D had joined the gang knowing it used violence. Following R v Hasan, D:

1. ACan rely on duress because the threat was real, immediate and impossible for her to escape
2. BCan rely on duress only if the robbery failed
3. CCannot rely on duress because she voluntarily associated with violent criminals
4. DCan rely on necessity instead of duress

In "Thabo Meli v R", the defendants beat the victim, believed him dead and threw him off a cliff, where he died of exposure. The court held:

1. AThere was no murder because the mens rea existed only before the act that actually caused death
2. BThe series of acts formed one transaction, so actus reus and mens rea coincided
3. CThe victim's death was not caused by the defendants
4. DThe defendants were guilty only of attempted murder

Under Directive 2004/38, an EU citizen may reside in another member state for up to three months:

1. AWith only a valid identity card or passport and no other conditions
2. BOnly if they have a job offer in that state
3. COnly if they register with the police on arrival
4. DOnly if they prove sufficient resources and comprehensive sickness insurance

Under the indirect effect principle (Von Colson, Marleasing), national courts must:

1. AInterpret national law as far as possible in conformity with directives
2. BApply directives only after the Commission approves
3. CIgnore national law that conflicts with any directive in private disputes
4. DRefer every case to the Court of Justice