Introduction to Law: cram pack

Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.

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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:

  1. AB can accept and claim the property from the new buyer
  2. BThe offer has been revoked, so B can no longer accept
  3. CThe offer stays open until Friday, as A promised
  4. 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:

  1. AFor no loss, because late return is not a breach
  2. BFor the whole profit lost on the follow-on charter, as it was foreseeable
  3. COnly for the market rate difference during the overrun period
  4. DFor punitive damages, because the delay was deliberate
3.Tort lawMedium

Under Montgomery v Lanarkshire Health Board, a doctor must inform a patient about:

  1. AEvery possible risk, however remote
  2. BMaterial risks of treatment and reasonable alternatives
  3. CNothing, unless the patient asks
  4. 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:

  1. ALiable for intentionally causing physical harm by a false statement
  2. BNot liable, because it was only a joke
  3. CLiable only in defamation
  4. 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:

  1. AOnly Parliament could review the decision
  2. BThe dismissal was void for breach of natural justice
  3. CThe dismissal was valid, because the police had no contract
  4. 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:

  1. AIt requires Scottish consent to the UK's withdrawal from the EU
  2. BIt became legally binding when written into statute
  3. CIt applies only to Northern Ireland
  4. DIt is a political convention that courts cannot enforce
7.Criminal lawMedium

Oblique (indirect) intention in English law (R v Woollin) exists when:

  1. ADeath or serious harm was a virtual certainty and the defendant appreciated this
  2. BThe result was merely possible
  3. CThe defendant did not foresee any harm
  4. DDeath was a foreseeable consequence that a reasonable person would have appreciated
8.Criminal lawHard

The principle of "ne bis in idem" means that:

  1. AA person cannot be tried or punished twice for the same offence
  2. BAppeals are forbidden
  3. CTwo judges must hear every case
  4. 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:

  1. AExcused if the state was busy with elections
  2. BSerious only if the Commission has first warned the state in a reasoned opinion
  3. CIn itself a sufficiently serious breach for state liability
  4. 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:

  1. APublished in a national newspaper
  2. BOf direct concern to them
  3. COf interest to them in any way
  4. 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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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.

Answer

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).

Answer

B · Of direct concern to them

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