1.Contract lawMedium
At an auction in England, the contract of sale is completed when:
- AThe bidder makes the highest bid
- BThe auctioneer brings down the hammer
- CThe auctioneer puts the item up for sale
- DThe buyer collects the goods
Introduction to Law: cram pack
Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.
1Practice problems
2.Contract lawHard
A council writes that it "may be prepared to sell" a house to a tenant and invites a formal application. The tenant applies, then the council changes its policy. In Gibson v Manchester City Council, the House of Lords held:
- AA contract was formed when the tenant applied
- BA contract was formed when the council's letter was sent to the tenant
- CThe council was bound by estoppel to sell
- DThere was no contract, because the letter was not an offer
3.Tort lawMedium
Auditors negligently certify a company's accounts. An investor relies on them to buy more shares and suffers loss. In Caparo v Dickman, the auditors:
- AOwed a duty to anyone relying on the accounts
- BOwed no duty to the investor for this purpose
- COwed a duty because the investor was a shareholder
- DWere strictly liable for errors in the accounts
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
- BSucceeded, with damages reduced for contributory negligence
- CSucceeded, because volenti never applies to passengers
- DFailed, because he voluntarily accepted the risk
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
- BThe executive can override Parliament
- CParliament must obey previous Parliaments
- DParliament can make or unmake any law, and no body can override its Acts
6.Constitutional lawHard
The "margin of appreciation" doctrine of the European Court of Human Rights means that:
- AStates have some discretion in how they protect rights, especially on sensitive moral issues
- BEvery state must apply identical rules
- CThe Court never reviews national decisions
- DStates may disregard Strasbourg judgments whenever their own parliament disagrees with the outcome
7.Criminal lawMedium
D grabs V's handbag so forcefully that V's hand is pulled down. Following R v Clouden, this can be:
- ARobbery, because force was used on the person to steal
- BOnly battery, because the bag was not taken
- CBurglary, because the bag was V's property
- DOnly theft, because there was no direct contact with V's body
8.Criminal lawHard
In R v Evans (2009), D supplied heroin to her half-sister, who overdosed. D failed to seek help. The Court of Appeal held:
- AD was liable because family members always owe each other a duty to seek medical help
- BA duty arose because D had contributed to a life-threatening situation she knew of
- CNo duty arose, because sisters owe each other no duties
- DD was guilty of murder, because she supplied the drug
9.EU lawMedium
What is the correct order of the stages of infringement proceedings under Article 258 TFEU?
- APreliminary reference, letter of formal notice, fine
- BReasoned opinion, letter of formal notice, then referral to the General Court
- CLetter of formal notice, reasoned opinion, referral to the Court of Justice
- DReferral to the Court, reasoned opinion, letter of formal notice
10.EU lawHard
In Inuit Tapiriit Kanatami (2013), the Court interpreted "regulatory act" in Article 263(4) TFEU to mean:
- AAny regulation, whether legislative or not
- BAny act adopted by the Commission or the Council
- CAn act addressed to a specific individual
- DAn act of general application other than a legislative act
2Solutions
1.Contract law
Answer: B · The auctioneer brings down the hammer
Why this is the answer
Jurisdiction: law of England and Wales. Putting goods up for auction is an invitation to treat, each bid is an offer, and the fall of the hammer is acceptance. A bidder can withdraw a bid until then.
Answer
B · The auctioneer brings down the hammer
2.Contract law
Answer: D · There was no contract, because the letter was not an offer
Why this is the answer
Jurisdiction: law of England and Wales. The council's letter was only an invitation to treat. The tenant's application was an offer, which the council never accepted.
Answer
D · There was no contract, because the letter was not an offer
3.Tort law
Answer: B · Owed no duty to the investor for this purpose
Why this is the answer
Jurisdiction: law of England and Wales. The accounts were prepared so shareholders could exercise control over the company as a body, not to guide individual investment decisions. There was not enough proximity.
Answer
B · Owed no duty to the investor for this purpose
4.Tort law
Answer: D · 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.
Answer
D · Failed, because he voluntarily accepted the risk
5.Constitutional law
Answer: D · 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.
Answer
D · Parliament can make or unmake any law, and no body can override its Acts
6.Constitutional law
Answer: A · States have some discretion in how they protect rights, especially on sensitive moral issues
Why this is the answer
Jurisdiction: European Convention on Human Rights. The Court gives national authorities latitude because they are better placed to assess local needs, narrowing it where a European consensus exists or core rights are at stake.
Answer
A · States have some discretion in how they protect rights, especially on sensitive moral issues
7.Criminal law
Answer: A · Robbery, because force was used on the person to steal
Why this is the answer
Jurisdiction: law of England and Wales. Clouden held that wrenching a bag from someone's grasp can be force on the person; whether the force is enough is a question for the jury.
Answer
A · Robbery, because force was used on the person to steal
8.Criminal law
Answer: B · A duty arose because D had contributed to a life-threatening situation she knew of
Why this is the answer
Jurisdiction: law of England and Wales. A person who creates or contributes to a dangerous state of affairs, and knows or ought to know of it, has a duty to take reasonable steps; Evans was guilty of gross negligence manslaughter.
Answer
B · A duty arose because D had contributed to a life-threatening situation she knew of
9.EU law
Answer: C · Letter of formal notice, reasoned opinion, referral to the Court of Justice
Why this is the answer
Jurisdiction: EU law. The Commission first invites the state to submit observations, then issues a reasoned opinion with a deadline, and only then may refer the case to the Court.
Answer
C · Letter of formal notice, reasoned opinion, referral to the Court of Justice
10.EU law
Answer: D · An act of general application other than a legislative act
Why this is the answer
Jurisdiction: EU law. Legislative acts adopted under a legislative procedure are not regulatory acts, so the applicants needed individual concern and failed.
Answer
D · An act of general application other than a legislative act
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