Introduction to Law: cram pack

What is an exclusion clause?

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

A pays B money to bet on shares using insider information, which is illegal. The bet never happens and A wants the money back. In Patel v Mirza, the Supreme Court held:

1. AA could not recover, because no claim can be founded on an illegal agreement
2. BA could recover only half the money
3. CThe money passed to the state as illegal proceeds
4. DA could recover the money, applying a policy-based approach to illegality

Pure economic loss caused by negligent acts is:

1. AGenerally not recoverable, with exceptions such as negligent misstatement
2. BRecoverable only where the defendant's conduct was also a criminal offence of some kind
3. CRecoverable only for companies
4. DAlways recoverable

A surveyor values a modest house for a mortgage lender, knowing the buyer will rely on it. The report is negligent and contains a disclaimer. In Smith v Eric S Bush, the House of Lords held:

1. AThe lender alone could sue the surveyor
2. BThe disclaimer excluded all liability to the buyer
3. CThe surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
4. DThe surveyor owed no duty, because the buyer was not the client who commissioned the report

In R v Bow Street Magistrate, ex p Pinochet (No 2), the House of Lords set aside its own earlier decision because:

1. AThe case had been heard in private
2. BPinochet had not been given a lawyer of his own choice at the hearing
3. COne judge had links to a charity that was a party to the case
4. DThe judges had made a legal mistake

In the Harmonisatiewet judgment (1989), the Dutch Supreme Court held that Article 120 of the Constitution:

1. AApplies only to delegated legislation
2. BWas overridden by the principle of legal certainty
3. CPrevents courts from reviewing Acts of Parliament against fundamental principles of law
4. DAllows courts to strike down Acts that breach fundamental principles such as legal certainty

D grabs V's handbag so forcefully that V's hand is pulled down. Following R v Clouden, this can be:

1. AOnly theft, because there was no direct contact with V's body
2. BRobbery, because force was used on the person to steal
3. COnly battery, because the bag was not taken
4. DBurglary, because the bag was V's property

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:

1. AA single identified director is first personally convicted of gross negligence manslaughter
2. BThe victim was an employee of the organisation
3. CThe organisation intended to cause death
4. DThe way senior management organised the activities was a substantial element of the breach

Under Article 51 of the Charter of Fundamental Rights, the Charter binds member states:

1. ANever, as it binds only the EU institutions
2. BOnly when their constitution allows it
3. COnly when they are implementing EU law
4. DIn all their activities, including purely national matters

Under Article 263 TFEU, a private applicant may challenge a regulatory act that does not need implementing measures if it is:

1. AOf direct concern to them
2. BAdopted unanimously
3. CPublished in a national newspaper
4. DOf interest to them in any way