1Practice problems
1.Contract lawMedium
A promises to keep an offer open until Friday. On Thursday, B hears from a reliable third party that A has sold the property to someone else. Under Dickinson v Dodds:
- AB can accept and claim the property from the new buyer
- BThe offer has been revoked, so B can no longer accept
- CThe offer stays open until Friday, as A promised
- DB can sue A for breaking the promise to keep it open
2.Contract lawHard
A chartered ship is returned late, and the owner loses a very profitable follow-on charter. In The Achilleas, the House of Lords held the charterer was liable:
- AFor no loss, because late return is not a breach
- BFor the whole profit lost on the follow-on charter, as it was foreseeable
- COnly for the market rate difference during the overrun period
- DFor punitive damages, because the delay was deliberate
3.Tort lawMedium
Under Montgomery v Lanarkshire Health Board, a doctor must inform a patient about:
- AEvery possible risk, however remote
- BMaterial risks of treatment and reasonable alternatives
- CNothing, unless the patient asks
- DOnly the risks other doctors would usually mention
4.Tort lawHard
As a practical joke, a man falsely tells a woman that her husband has been badly injured. She suffers a serious illness from the shock. In Wilkinson v Downton, the man was:
- ALiable for intentionally causing physical harm by a false statement
- BNot liable, because it was only a joke
- CLiable only in defamation
- DNot liable, because there was no direct physical contact with the woman
5.Constitutional lawMedium
A chief constable is dismissed without being told the charges or given a chance to respond. In Ridge v Baldwin, the House of Lords held:
- AOnly Parliament could review the decision
- BThe dismissal was void for breach of natural justice
- CThe dismissal was valid, because the police had no contract
- DThe dismissal was valid, as it was an administrative decision
6.Constitutional lawHard
In R (Miller) v Secretary of State for Exiting the EU (2017), the Supreme Court said about the Sewel convention that:
- AIt requires Scottish consent to the UK's withdrawal from the EU
- BIt became legally binding when written into statute
- CIt applies only to Northern Ireland
- DIt is a political convention that courts cannot enforce
7.Criminal lawMedium
Oblique (indirect) intention in English law (R v Woollin) exists when:
- ADeath or serious harm was a virtual certainty and the defendant appreciated this
- BThe result was merely possible
- CThe defendant did not foresee any harm
- DDeath was a foreseeable consequence that a reasonable person would have appreciated
8.Criminal lawHard
The principle of "ne bis in idem" means that:
- AA person cannot be tried or punished twice for the same offence
- BAppeals are forbidden
- CTwo judges must hear every case
- DEvery crime must be punished twice
9.EU lawMedium
In Dillenkofer (1996), the Court held that a complete failure to transpose a directive on time is:
- AExcused if the state was busy with elections
- BSerious only if the Commission has first warned the state in a reasoned opinion
- CIn itself a sufficiently serious breach for state liability
- DNever a ground for state liability
10.EU lawHard
Under Article 263 TFEU, a private applicant may challenge a regulatory act that does not need implementing measures if it is:
- APublished in a national newspaper
- BOf direct concern to them
- COf interest to them in any way
- DAdopted unanimously
2Solutions
1.Contract law
Answer: B · The offer has been revoked, so B can no longer accept
Why this is the answer
Jurisdiction: law of England and Wales. A promise to keep an offer open is not binding without consideration. Revocation can be communicated by a reliable third party, and B knew A no longer intended to sell.
B · The offer has been revoked, so B can no longer accept
2.Contract law
Answer: C · Only for the market rate difference during the overrun period
Why this is the answer
Jurisdiction: law of England and Wales. The majority held that the charterer had not assumed responsibility for the loss of an unusually profitable follow-on charter, given the general understanding in the shipping market.
C · Only for the market rate difference during the overrun period
3.Tort law
Answer: B · Material risks of treatment and reasonable alternatives
Why this is the answer
Jurisdiction: law of England and Wales. A risk is material if a reasonable person in the patient's position would attach significance to it, or the doctor knows this patient would. The Bolam test no longer governs advice about risks.
B · Material risks of treatment and reasonable alternatives
4.Tort law
Answer: A · Liable for intentionally causing physical harm by a false statement
Why this is the answer
Jurisdiction: law of England and Wales. The court recognised liability for conduct calculated to cause physical harm. In Rhodes v OPO the Supreme Court held the tort requires an intention to cause physical or psychiatric harm or severe distress.
A · Liable for intentionally causing physical harm by a false statement
5.Constitutional law
Answer: B · The dismissal was void for breach of natural justice
Why this is the answer
Jurisdiction: law of England and Wales. The right to a fair hearing applies to administrative decisions affecting individual rights, not only judicial ones. Ridge v Baldwin revived the modern law of procedural fairness.
B · The dismissal was void for breach of natural justice
6.Constitutional law
Answer: D · It is a political convention that courts cannot enforce
Why this is the answer
Jurisdiction: law of England and Wales. The Scotland Act 2016 recognised the convention, but the court held this did not turn it into a legal rule. Its operation is a matter for politics, not the courts.
D · It is a political convention that courts cannot enforce
7.Criminal law
Answer: A · Death or serious harm was a virtual certainty and the defendant appreciated this
Why this is the answer
Jurisdiction: law of England and Wales. Where the result was virtually certain and the defendant realised it, the jury may find intention even if it was not their purpose.
A · Death or serious harm was a virtual certainty and the defendant appreciated this
8.Criminal law
Answer: A · A person cannot be tried or punished twice for the same offence
Why this is the answer
Jurisdiction: general principle, found in most legal systems. Ne bis in idem (Article 4 of Protocol 7 ECHR, Article 50 EU Charter, Article 68 Sr) protects against being prosecuted again after a final judgment for the same facts, with limited exceptions.
A · A person cannot be tried or punished twice for the same offence
9.EU law
Answer: C · In itself a sufficiently serious breach for state liability
Why this is the answer
Jurisdiction: EU law. Failure to take any measure to transpose a directive by the deadline is per se a sufficiently serious breach, so the other Francovich conditions decide liability.
C · In itself a sufficiently serious breach for state liability
10.EU law
Answer: B · Of direct concern to them
Why this is the answer
Jurisdiction: EU law. For regulatory acts not entailing implementing measures, direct concern suffices; for other acts addressed to others, the applicant also needs individual concern (Plaumann).
B · Of direct concern to them