1Practice problems
1.Contract lawMedium
A seller of land never used for sheep says it could carry 2,000 sheep. Both know he has no experience of sheep farming on it. The statement is most likely:
- AAn honest opinion, not a misrepresentation
- BA statement of future intention
- CA fraudulent misrepresentation
- DA condition of the contract
2.Contract lawHard
A buyer specifically asks a surveyor to check aircraft noise at a property. The surveyor negligently reports no problem. In Farley v Skinner:
- AOnly the difference in market value was recoverable
- BThe buyer had to sell the house before claiming
- CDamages for discomfort were recoverable, as peace of mind was an important object of the obligation
- DNo damages were recoverable, because damages for distress or discomfort are always excluded in contract
3.Tort lawMedium
The "but for" test is used to establish:
- ARemoteness of damage
- BDuty of care
- CFactual causation
- DThe standard of care
4.Tort lawHard
A woman's 999 call is wrongly graded, and the police arrive too late to stop her former partner killing her. In Michael v Chief Constable of South Wales Police, the Supreme Court held:
- AThe police were strictly liable for the delay
- BThe call handler alone was personally liable
- CThe police owed no duty in negligence to protect her
- DThe police owed a duty because they took the call
5.Constitutional lawMedium
In Pickin v British Railways Board, the House of Lords held that courts:
- AWill not examine whether Parliament followed its internal procedures in passing an Act
- BCan strike down a private Act if it is shown that Parliament was misled during its passage
- CMust investigate any allegation of fraud in Parliament
- DCan review Acts for compliance with private bill rules
6.Constitutional lawHard
Article 79(3) of the German Basic Law (the "eternity clause") forbids amendments that affect:
- AThe electoral system, the number of seats in the Bundestag, or any of the rules in Articles 38 to 48 on elections
- BOnly the articles on taxation
- CAny article of the Basic Law at all
- DThe federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
7.Criminal lawMedium
D, a diabetic, takes insulin, skips food, becomes hypoglycaemic and hits V without knowing what he is doing. D may rely on:
- AInsanity, because diabetes is a disease affecting the functioning of the mind
- BDiminished responsibility, because harm was caused
- CDuress of circumstances, because D was ill
- DNon-insane automatism, because an external factor caused the episode
8.Criminal lawHard
Why is the principle of "lex certa" important in criminal law?
- AOnly certain crimes can be prosecuted
- BLaws must be certain to be enforced, so the police have no discretion in applying them
- CCriminal laws must be clear enough for people to foresee what is punishable
- DJudges must be certain before sentencing
9.EU lawMedium
In Van Binsbergen (1974), a Dutch rule requiring legal representatives to reside in the Netherlands was examined. The Court held that:
- AOnly regulations can create rights for service providers
- BMember states may always require residence for professionals involved in the administration of justice
- CThe freedom to provide services is directly effective and residence requirements need justification
- DLegal services are outside the scope of the Treaty
10.EU lawHard
In Höfner and Elser (1991), a German public employment agency was held to be an "undertaking" for competition law because:
- AIt was owned by foreign investors
- BIt was registered as a private company and financed by the fees it charged employers
- CIt made a large profit every year
- DIt was engaged in an economic activity, regardless of its legal status and financing
2Solutions
1.Contract law
Answer: A · An honest opinion, not a misrepresentation
Why this is the answer
Jurisdiction: law of England and Wales. An honestly held opinion is not a statement of fact. It can be different where the speaker has special knowledge, which implies facts to justify the opinion (Smith v Land and House Property).
A · An honest opinion, not a misrepresentation
2.Contract law
Answer: C · Damages for discomfort were recoverable, as peace of mind was an important object of the obligation
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords held that non-pecuniary damages are recoverable where a major or important object of the contract, not necessarily the only one, was to provide pleasure or peace of mind.
C · Damages for discomfort were recoverable, as peace of mind was an important object of the obligation
3.Tort law
Answer: C · Factual causation
Why this is the answer
Jurisdiction: law of England and Wales. If the damage would have happened anyway, the breach is not a factual cause, as in Barnett v Chelsea and Kensington Hospital.
4.Tort law
Answer: C · The police owed no duty in negligence to protect her
Why this is the answer
Jurisdiction: law of England and Wales. The police generally owe no common law duty to protect individuals from harm by third parties, absent special circumstances such as an assumption of responsibility. Human rights claims are separate.
C · The police owed no duty in negligence to protect her
5.Constitutional law
Answer: A · Will not examine whether Parliament followed its internal procedures in passing an Act
Why this is the answer
Jurisdiction: law of England and Wales. Courts will not look behind an Act to check how it was passed, even if Parliament was allegedly misled. This respects parliamentary privilege and sovereignty.
A · Will not examine whether Parliament followed its internal procedures in passing an Act
6.Constitutional law
Answer: D · The federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
Why this is the answer
Jurisdiction: German law. Some core principles, including human dignity, democracy, the rule of law and federalism, cannot be changed even by the normal two-thirds majorities.
D · The federal structure, the Länder's participation in legislation, or the principles in Articles 1 and 20
7.Criminal law
Answer: D · Non-insane automatism, because an external factor caused the episode
Why this is the answer
Jurisdiction: law of England and Wales. In Quick the hypoglycaemia was caused by the insulin, an external factor, so it was non-insane automatism; hyperglycaemia from the disease itself was insanity in Hennessy.
D · Non-insane automatism, because an external factor caused the episode
8.Criminal law
Answer: C · Criminal laws must be clear enough for people to foresee what is punishable
Why this is the answer
Jurisdiction: general principle, found in most legal systems. Criminal provisions must be sufficiently precise and accessible; vague laws violate legal certainty and the legality principle.
C · Criminal laws must be clear enough for people to foresee what is punishable
9.EU law
Answer: C · The freedom to provide services is directly effective and residence requirements need justification
Why this is the answer
Jurisdiction: EU law. Van Binsbergen held the services provisions directly effective; a residence requirement can only be justified by professional rules in the general interest that are objectively necessary.
C · The freedom to provide services is directly effective and residence requirements need justification
10.EU law
Answer: D · It was engaged in an economic activity, regardless of its legal status and financing
Why this is the answer
Jurisdiction: EU law. An undertaking is any entity engaged in an economic activity; the fact that it is public or not for profit does not matter.
D · It was engaged in an economic activity, regardless of its legal status and financing