1Practice problems
1.Contract lawMedium
A decorator finishes the work but with minor defects that are cheap to fix. Under Hoenig v Isaacs, the decorator is entitled to:
- AThe price less the cost of putting the defects right
- BNothing, because performance was not exact
- COnly payment for the materials used
- DThe full price with no deduction
2.Contract lawHard
A builder agrees to finish work for an agreed price, then demands more money. The client pays to avoid delay and gets a practical benefit. In English law (Williams v Roffey), the promise to pay more may be:
- AUnenforceable, because performing an existing contractual duty can never be good consideration
- BA criminal offence
- CEnforceable, because the practical benefit can be consideration if there is no duress
- DEnforceable only if made in writing
3.Tort lawMedium
The Wagon Mound case concerns which issue?
- ADuty of care to unborn children
- BDirectness: a defendant is liable for all direct consequences of the breach
- CStrict liability for animals
- DRemoteness: only reasonably foreseeable types of damage are recoverable
4.Tort lawHard
After drinking together for hours, a man agrees to fly with an obviously very drunk pilot, and the plane crashes. In Morris v Murray, the passenger's claim:
- AFailed, because of illegality
- BFailed, because he voluntarily accepted the risk
- CSucceeded, with damages reduced for contributory negligence
- DSucceeded, because volenti never applies to passengers
5.Constitutional lawMedium
Parliamentary sovereignty (as described by Dicey) means that:
- ACourts can strike down any Act of Parliament that conflicts with common law rights
- BParliament can make or unmake any law, and no body can override its Acts
- CParliament must obey previous Parliaments
- DThe executive can override Parliament
6.Constitutional lawHard
In YL v Birmingham City Council (2007), the House of Lords held that a private care home housing residents funded by a council:
- AWas not exercising a function of a public nature under the Human Rights Act
- BWas a core public authority
- CCould not house publicly funded residents
- DWas a hybrid public authority bound by the Act for all the care it provided
7.Criminal lawMedium
D takes V's bag and is seen; a few seconds later D ties V up to escape. Following R v Hale, D is guilty of robbery because:
- AThe bag was later recovered by the police
- BAny force used on the victim within an hour of the theft automatically turns it into robbery
- CAppropriation is a continuing act, so the force was used at the time of the theft
- DTying up a victim is robbery even without theft
8.Criminal lawHard
In R v Hinks (2000), the House of Lords held that:
- AOnly shop thefts involve appropriation
- BA valid gift can never be theft because full ownership passes to the recipient at once
- CCivil law always decides criminal liability for theft
- DReceiving a valid gift can be an appropriation, so it can be theft if dishonest
9.EU lawMedium
An agreement caught by Article 101(1) TFEU may be exempted under Article 101(3) if, among other conditions, it:
- AIs notified to and approved by the Commission or the national competition authority in advance
- BHas been in operation for more than five years
- CInvolves companies with combined market shares over 50%
- DImproves production or distribution and allows consumers a fair share of the benefit
10.EU lawHard
In AKZO (1991), the Court of Justice stated that a market share of 50% or more:
- AIs required before any investigation of dominance
- BCan in itself be evidence of a dominant position, in the absence of exceptional circumstances
- CIs automatically an abuse of a dominant position, without any further analysis being needed by the Commission
- DIs irrelevant to the assessment of dominance
2Solutions
1.Contract law
Answer: A · The price less the cost of putting the defects right
Why this is the answer
Jurisdiction: law of England and Wales. Where an entire contract is substantially performed, the contractor can claim the price minus the cost of remedying defects. Contrast Bolton v Mahadeva, where defects were too serious.
A · The price less the cost of putting the defects right
2.Contract law
Answer: C · Enforceable, because the practical benefit can be consideration if there is no duress
Why this is the answer
Jurisdiction: law of England and Wales. Williams v Roffey held that a practical benefit to the promisor can be good consideration for paying more for the same work, provided there is no economic duress.
C · Enforceable, because the practical benefit can be consideration if there is no duress
3.Tort law
Answer: D · Remoteness: only reasonably foreseeable types of damage are recoverable
Why this is the answer
Jurisdiction: law of England and Wales. The Privy Council held that damage must be of a reasonably foreseeable type; the fire damage was not foreseeable, so it was too remote.
D · Remoteness: only reasonably foreseeable types of damage are recoverable
4.Tort law
Answer: B · Failed, because he voluntarily accepted the risk
Why this is the answer
Jurisdiction: law of England and Wales. The Court of Appeal held that, by knowingly flying with a pilot who was clearly very drunk, the passenger had accepted the risk of injury, so the defence of volenti applied.
B · Failed, because he voluntarily accepted the risk
5.Constitutional law
Answer: B · Parliament can make or unmake any law, and no body can override its Acts
Why this is the answer
Jurisdiction: law of England and Wales. In Dicey's classic account, Parliament has unlimited legislative power and its Acts cannot be set aside by courts, although EU membership and the Human Rights Act raised complications.
B · Parliament can make or unmake any law, and no body can override its Acts
6.Constitutional law
Answer: A · Was not exercising a function of a public nature under the Human Rights Act
Why this is the answer
Jurisdiction: law of England and Wales. The majority held that providing care under a commercial contract was not a public function. Parliament later provided that such providers act as public authorities in this context.
A · Was not exercising a function of a public nature under the Human Rights Act
7.Criminal law
Answer: C · Appropriation is a continuing act, so the force was used at the time of the theft
Why this is the answer
Jurisdiction: law of England and Wales. Hale held that appropriation can continue while the thief is still in the act of making off, so force used then is "at the time of" stealing.
C · Appropriation is a continuing act, so the force was used at the time of the theft
8.Criminal law
Answer: D · Receiving a valid gift can be an appropriation, so it can be theft if dishonest
Why this is the answer
Jurisdiction: law of England and Wales. Hinks extended Gomez: acquiring an indefeasible title to property can still be an appropriation, leaving dishonesty to filter liability.
D · Receiving a valid gift can be an appropriation, so it can be theft if dishonest
9.EU law
Answer: D · Improves production or distribution and allows consumers a fair share of the benefit
Why this is the answer
Jurisdiction: EU law. Article 101(3) requires efficiency gains, a fair share for consumers, restrictions that are indispensable, and no elimination of competition for a substantial part of the products.
D · Improves production or distribution and allows consumers a fair share of the benefit
10.EU law
Answer: B · Can in itself be evidence of a dominant position, in the absence of exceptional circumstances
Why this is the answer
Jurisdiction: EU law. Very large market shares create a presumption of dominance; AKZO also held that pricing below average variable cost is presumed abusive.
B · Can in itself be evidence of a dominant position, in the absence of exceptional circumstances