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

In English law, the "postal rule" means an acceptance sent by post takes effect:

  1. AWhen the offeror replies
  2. BWhen the letter is posted
  3. CWhen the letter is read
  4. DWhen the letter arrives
2.Contract lawHard

A rogue uses a stolen driving licence to take a car on written hire-purchase in another person's name. In Shogun Finance v Hudson, the majority of the House of Lords held:

  1. AThe contract was void, because the finance company dealt only with the named person
  2. BThe contract was void, because hire-purchase agreements must always be made face to face
  3. CThe contract was valid with the rogue himself
  4. DThe contract was voidable, so a later buyer got good title
3.Tort lawMedium

Pure economic loss caused by negligent acts is:

  1. ARecoverable only for companies
  2. BRecoverable only where the defendant's conduct was also a criminal offence of some kind
  3. CAlways recoverable
  4. DGenerally not recoverable, with exceptions such as negligent misstatement
4.Tort lawHard

Intruders start a fire in an empty, locked cinema, which spreads to neighbouring buildings. The owner did not know of earlier break-ins. In Smith v Littlewoods, the owner was:

  1. ALiable, because fire spreading is always foreseeable
  2. BNot liable, because it had no knowledge of the risk
  3. CLiable, because occupiers must guard against all intruders
  4. DStrictly liable under Rylands v Fletcher
5.Constitutional lawMedium

Parliamentary sovereignty (as described by Dicey) means that:

  1. AParliament must obey previous Parliaments
  2. BThe executive can override Parliament
  3. CParliament can make or unmake any law, and no body can override its Acts
  4. DCourts can strike down any Act of Parliament that conflicts with common law rights
6.Constitutional lawHard

In Germany, an individual who claims a public authority has violated their basic rights may, after exhausting other remedies, bring:

  1. AA request to the Federal President to veto
  2. BA petition directly to the Bundestag's President
  3. CA case to the European Court of Justice
  4. DA constitutional complaint to the Federal Constitutional Court
7.Criminal lawMedium

D, being pursued by armed police, uses V as a human shield and fires at the officers. The police return fire and kill V. Following R v Pagett, D is:

  1. ANot liable, because the police officers' decision to fire was a free, deliberate and informed intervening act
  2. BLiable only if the police officers are also convicted
  3. CNot liable, because V's death was not foreseeable to D
  4. DLiable, because the police acted reasonably in self-defence and did not break the chain of causation
8.Criminal lawHard

In the Dutch "Melk-en-water" judgment (Hoge Raad, 1916), the court recognised:

  1. AForce majeure as a written justification
  2. BConditional intent as a form of intention
  3. CThe legality principle as part of the Constitution
  4. DAbsence of all blame (AVAS) as an unwritten excuse
9.EU lawMedium

Directives generally do NOT have:

  1. ABinding force after the transposition deadline
  2. BHorizontal direct effect between private parties
  3. CVertical direct effect against the state
  4. DAny legal effect at all
10.EU lawHard

Under the indirect effect principle (Von Colson, Marleasing), national courts must:

  1. AIgnore national law that conflicts with any directive in private disputes
  2. BRefer every case to the Court of Justice
  3. CApply directives only after the Commission approves
  4. DInterpret national law as far as possible in conformity with directives

2Solutions

1.Contract law

Answer: B · When the letter is posted

Why this is the answer

Jurisdiction: law of England and Wales. Where post is a reasonable method of acceptance, the acceptance is complete when posted, even if delayed or lost. It does not apply to revocations or instant communications.

Answer

B · When the letter is posted
2.Contract law

Answer: A · The contract was void, because the finance company dealt only with the named person

Why this is the answer

Jurisdiction: law of England and Wales. Where a contract is in writing, the parties are identified by the document. The named person had not agreed, so there was no contract with the rogue and no title passed to the buyer.

Answer

A · The contract was void, because the finance company dealt only with the named person
3.Tort law

Answer: D · Generally not recoverable, with exceptions such as negligent misstatement

Why this is the answer

Jurisdiction: law of England and Wales. Courts generally refuse claims for pure economic loss from negligent acts, but allow them in special relationships, such as reliance on negligent advice (Hedley Byrne).

Answer

D · Generally not recoverable, with exceptions such as negligent misstatement
4.Tort law

Answer: B · Not liable, because it had no knowledge of the risk

Why this is the answer

Jurisdiction: law of England and Wales. An occupier is not generally liable for damage caused by third parties entering its land unless, for example, it knew or ought to have known of the danger created by them.

Answer

B · Not liable, because it had no knowledge of the risk
5.Constitutional law

Answer: C · 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

C · Parliament can make or unmake any law, and no body can override its Acts
6.Constitutional law

Answer: D · A constitutional complaint to the Federal Constitutional Court

Why this is the answer

Jurisdiction: German law. The constitutional complaint lets individuals challenge acts of public authority, including statutes, before the Federal Constitutional Court for breach of their basic rights.

Answer

D · A constitutional complaint to the Federal Constitutional Court
7.Criminal law

Answer: D · Liable, because the police acted reasonably in self-defence and did not break the chain of causation

Why this is the answer

Jurisdiction: law of England and Wales. In Pagett the officers' reasonable act of self-defence was not a free, deliberate and informed act breaking the chain, so D caused V's death.

Answer

D · Liable, because the police acted reasonably in self-defence and did not break the chain of causation
8.Criminal law

Answer: D · Absence of all blame (AVAS) as an unwritten excuse

Why this is the answer

Jurisdiction: Dutch law. The Hoge Raad held that a person who is entirely without fault cannot be punished, creating the unwritten defence of afwezigheid van alle schuld.

Answer

D · Absence of all blame (AVAS) as an unwritten excuse
9.EU law

Answer: B · Horizontal direct effect between private parties

Why this is the answer

Jurisdiction: EU law. Unimplemented directives can be relied on against the state (vertical) but not against private individuals (horizontal), though indirect effect and state liability can help.

Answer

B · Horizontal direct effect between private parties
10.EU law

Answer: D · Interpret national law as far as possible in conformity with directives

Why this is the answer

Jurisdiction: EU law. Courts must interpret national law, as far as possible, in light of the wording and purpose of a directive, but not contra legem.

Answer

D · Interpret national law as far as possible in conformity with directives

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