Introduction to Law: cram pack

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

Two parties agree to continue negotiating for the sale of a business, with no fixed period. In Walford v Miles, the House of Lords held that a bare agreement to negotiate in good faith is:

1. AUnenforceable, because it lacks certainty
2. BEnforceable only if made in writing
3. CEnforceable as a lock-out agreement
4. DEnforceable, as an implied duty of good faith

A house is built on defective foundations, approved by the local authority. Cracks appear and the owner sells at a loss. In Murphy v Brentwood DC, the loss was:

1. APure economic loss, not recoverable in negligence
2. BRecoverable only against the buyer
3. CRecoverable because the council approved the plans
4. DPhysical damage, fully recoverable

A council's water pipe to a block of flats leaks and causes an embankment to collapse, exposing a gas main. In Transco v Stockport MBC, the House of Lords held:

1. AThe council was liable in negligence for the leak
2. BThere was no Rylands liability, because supplying water by pipe was not a non-natural use
3. CRylands v Fletcher was abolished in English law
4. DThe council was strictly liable for all escaping water

In Dudgeon v UK, the European Court of Human Rights held that criminalising consensual homosexual acts between adult men in Northern Ireland:

1. AWas justified under Article 8(2) as necessary to protect public morals
2. BViolated the right to respect for private life under Article 8
3. CWas outside the scope of the Convention
4. DViolated only the right to marry

In YL v Birmingham City Council (2007), the House of Lords held that a private care home housing residents funded by a council:

1. ACould not house publicly funded residents
2. BWas a hybrid public authority bound by the Act for all the care it provided
3. CWas not exercising a function of a public nature under the Human Rights Act
4. DWas a core public authority

D is present when a crime is committed but does nothing to help or encourage it. Following R v Clarkson, D is:

1. AThe principal, because D witnessed the whole crime
2. BAn accessory, because D could have called the police
3. CAn accessory, because voluntary presence at the scene always amounts to encouragement
4. DNot an accessory, because mere presence without intent to encourage is not enough

In R v Cheshire, the court held that negligent medical treatment of a gunshot victim:

1. AMakes the doctors liable for murder
2. BAlways breaks the chain of causation
3. CDid not break the chain of causation unless it was so independent and potent that the original wound became insignificant
4. DBroke the chain of causation whenever it was negligent enough to be the immediate medical cause of death, even if the wound still operated

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 prove sufficient resources and comprehensive sickness insurance
3. COnly if they register with the police on arrival
4. DOnly if they have a job offer in that state

In Höfner and Elser (1991), a German public employment agency was held to be an "undertaking" for competition law because:

1. AIt was engaged in an economic activity, regardless of its legal status and financing
2. BIt was owned by foreign investors
3. CIt made a large profit every year
4. DIt was registered as a private company and financed by the fees it charged employers