Introduction to Law: cram pack

A doctor selling his practice truthfully states its income, but the income falls sharply before the contract is signed and he says nothing. This is:

1. AA misrepresentation, because he should have corrected the statement
2. BA breach of an implied condition of quality
3. CA mere opinion about future income
4. DNot a misrepresentation, because the statement was true when it was made

A buyer specifically asks a surveyor to check aircraft noise at a property. The surveyor negligently reports no problem. In Farley v Skinner:

1. ANo damages were recoverable, because damages for distress or discomfort are always excluded in contract
2. BDamages for discomfort were recoverable, as peace of mind was an important object of the obligation
3. CThe buyer had to sell the house before claiming
4. DOnly the difference in market value was recoverable

Strict liability means a defendant can be liable:

1. AOnly if they acted intentionally
2. BWithout proof of fault
3. COnly if they broke a contract
4. DOnly for criminal acts

Young offenders escape while their officers sleep, and damage a yacht nearby. In Home Office v Dorset Yacht Co, the House of Lords held:

1. AA duty could be owed, because the officers had control over the offenders
2. BNo duty, because the damage was done by third parties acting of their own free will
3. CThe yacht owner was contributorily negligent
4. DNo duty, because the Home Office is part of the Crown

Constitutional conventions are:

1. ANon-legal rules of political practice that are regarded as binding
2. BInternational treaties about the constitution
3. CWritten rules found in statutes that courts enforce like any other law
4. DMeetings held to write a new constitution

In Madzimbamuto v Lardner-Burke, the Privy Council held that the UK Parliament could still legislate for Southern Rhodesia because:

1. ARhodesia had consented to the legislation
2. BRhodesia had become fully independent
3. CThe convention was legally binding but had been waived by Rhodesia
4. DA convention that it would not do so did not limit its legal power

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

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

In R v G (2003), the House of Lords defined recklessness as:

1. AFailure to notice an obvious risk that a reasonable person would have seen
2. BAwareness of a risk that it was unreasonable to take in the circumstances
3. CAny careless behaviour
4. DIntention to cause harm

Directives generally do NOT have:

1. ABinding force after the transposition deadline
2. BHorizontal direct effect between private parties
3. CAny legal effect at all
4. DVertical direct effect against the state

In Höfner and Elser (1991), a German public employment agency was held to be an "undertaking" for competition law because:

1. AIt was owned by foreign investors
2. BIt was engaged in an economic activity, regardless of its legal status and financing
3. CIt made a large profit every year
4. DIt was registered as a private company and financed by the fees it charged employers