In English law, the "postal rule" means an acceptance sent by post takes effect:
- AWhen the offeror replies
- BWhen the letter is posted
- CWhen the letter is read
- DWhen the letter arrives
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In English law, the "postal rule" means an acceptance sent by post takes effect:
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:
Pure economic loss caused by negligent acts is:
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:
Parliamentary sovereignty (as described by Dicey) means that:
In Germany, an individual who claims a public authority has violated their basic rights may, after exhausting other remedies, bring:
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:
In the Dutch "Melk-en-water" judgment (Hoge Raad, 1916), the court recognised:
Directives generally do NOT have:
Under the indirect effect principle (Von Colson, Marleasing), national courts must:
Answer: B · When the letter is posted
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: A · The contract was void, because the finance company dealt only with the named person
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: D · Generally not recoverable, with exceptions such as negligent misstatement
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: B · Not liable, because it had no knowledge of the risk
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: C · Parliament can make or unmake any law, and no body can override its Acts
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 · A constitutional complaint to the Federal Constitutional Court
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 · Liable, because the police acted reasonably in self-defence and did not break the chain of causation
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 · Absence of all blame (AVAS) as an unwritten excuse
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: B · Horizontal direct effect between private parties
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: D · Interpret national law as far as possible in conformity with directives
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.
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