Introduction to Law: cram pack

A creditor agrees to take £600 in full settlement of a £1,000 debt that is due, then sues for the other £400. Under Pinnel's Case and Foakes v Beer, the creditor:

1. ACannot recover anything more
2. BCan recover only if the agreement was oral
3. CCan usually recover the £400
4. DMust give back the £600 first

An employment contract forbids the employee from working for any competitor anywhere in the world for 20 years after leaving. In English law this clause is most likely:

1. AUnenforceable, as an unreasonable restraint of trade
2. BEnforceable, because the employee agreed to it
3. CEnforceable for the first five years only
4. DEnforceable if the employer is a large company

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:

1. AOwed a duty to anyone relying on the accounts
2. BOwed a duty because the investor was a shareholder
3. COwed no duty to the investor for this purpose
4. DWere strictly liable for errors in the accounts

In Hedley Byrne v Heller, liability for negligent misstatement arose because:

1. AThere was a contract between the parties under which the bank was paid a fee for the reference it gave
2. BThe defendant intended to deceive
3. CThe statement caused physical injury
4. DThere was a special relationship in which the claimant reasonably relied on advice given with skill

The Dutch Constitution (Article 120) forbids courts from:

1. AReviewing Acts of Parliament for compatibility with the Constitution
2. BHearing criminal cases
3. CReviewing decisions of municipalities and provinces against national statutes
4. DApplying international treaties

Officers enter a writer's house and seize his papers under a warrant issued by a Secretary of State with no legal authority to issue it. In Entick v Carrington, the court held:

1. AThe writer could only complain to Parliament
2. BThe search was lawful, because the warrant was signed
3. CThe search was lawful, because state necessity justified seizing the papers
4. DThe search was unlawful, because state action needs legal authority

D supplies heroin to V, an adult, who freely and knowingly injects herself and dies. According to R v Kennedy (No 2), D is:

1. AGuilty of manslaughter, because V's choice is irrelevant
2. BNot guilty of manslaughter, because V's free and informed choice broke the chain of causation
3. CGuilty of unlawful act manslaughter, because supplying a class A drug is itself unlawful and dangerous
4. DGuilty of manslaughter, because supply always causes the death

In R v Collins (1973), a naked man was invited into a bedroom by a woman who mistook him for her boyfriend. His burglary conviction was quashed because:

1. AHe had no intent to commit any offence
2. BIt was unclear whether he had entered as a trespasser before her invitation
3. CBurglary requires breaking into the building, and the window was already open
4. DA bedroom is not part of a building

In Levin (1982), the Court held that a part-time worker is protected by Article 45 if the work is:

1. ADone for the main purpose of obtaining residence
2. BPaid enough to live without social benefits
3. CAt least 30 hours per week
4. DEffective and genuine, and not purely marginal and ancillary

In Inter-Environnement Wallonie (1997), the Court held that during the transposition period of a directive, member states:

1. AAre free to adopt any measure until the deadline expires, even one directly contrary to the directive's aims
2. BMust already apply the directive in full
3. CMust refrain from adopting measures liable to seriously compromise the result the directive prescribes
4. DMay ask the Commission to extend the deadline indefinitely