Introduction to Law: cram pack

An unusual and onerous term in standard conditions will only be incorporated if:

1. AIt is printed anywhere in the contract documents, however small the type
2. BIt was fairly and reasonably brought to the other party's attention
3. CThe other party could have found it online
4. DIt appears on the back of a receipt

An employer pays large severance sums to two directors, later discovering it could have dismissed them for nothing because of their earlier misconduct. In Bell v Lever Bros, the agreements were:

1. AValid, because the mistake about quality was not fundamental enough
2. BVoid for common mistake about the contracts
3. CVoidable for the directors' misrepresentation by failing to disclose their misconduct
4. DUnenforceable because severance needs a deed

A surgeon fails to warn a patient of a small risk of a serious complication. The patient would have had the operation anyway, but later. The risk materialises. In Chester v Afshar, the House of Lords held:

1. AThe patient consented, so there was no claim
2. BThe surgeon was liable, modifying normal causation principles
3. CThe surgeon was not liable, as the "but for" test failed
4. DThe surgeon was liable only for the cost of the operation

In Lachaux v Independent Print (2019), the Supreme Court held that "serious harm" under section 1 of the Defamation Act 2013 must be shown:

1. AOnly by showing the claimant lost money
2. BBy reference to the actual impact of the statement, as a matter of fact
3. CBy the number of people who read it, which must exceed a fixed threshold
4. DOnly by the inherent meaning of the words

Under ECHR case law such as Sunday Times v UK, for a restriction to be "prescribed by law", the law must be:

1. AAdequately accessible and foreseeable in its effects
2. BApproved by a referendum
3. COlder than the Convention
4. DContained in a single written statute passed by parliament

In Ireland v UK (1978), the European Court of Human Rights held that the "five techniques" used in interrogating detainees in Northern Ireland were:

1. ATorture under Article 3
2. BA breach of Article 5 only
3. CLawful because of the emergency
4. DInhuman and degrading treatment, but not torture

In English law, the test for dishonesty in theft is now set out in:

1. AIvey v Genting Casinos
2. BDonoghue v Stevenson
3. CR v Cunningham
4. DR v Ghosh

Which principle comes from DPP v Majewski (1977)?

1. AIntoxication can never be considered by a jury
2. BInvoluntary intoxication is always a complete defence
3. CVoluntary intoxication is no defence to crimes of basic intent
4. DDrunkenness reduces murder to manslaughter in every case

In Simmenthal (1978), the Court of Justice held that a national court faced with a national law conflicting with EU law must:

1. AWait for the national constitutional court to annul the law before it can disapply it
2. BApply the national law if it was adopted later
3. CSet the national law aside of its own motion, without waiting for it to be repealed
4. DAsk the national parliament to amend the law first

The "Melloni" judgment held that a member state may NOT:

1. ARefer questions to the Court of Justice
2. BExecute any European Arrest Warrant
3. CEver protect fundamental rights more than the EU
4. DApply a higher national standard of fundamental rights where it would undermine the primacy, unity and effectiveness of EU law in a fully harmonised area