1Practice problems
1.Contract lawMedium
A fishing company receives fewer licences than it needs and chooses to assign them to its other ships, not the chartered one. In Maritime National Fish v Ocean Trawlers the charter was:
- ASuspended until more licences were issued
- BNot frustrated, because the problem was self-induced
- CVoid, because licences were a condition precedent
- DFrustrated by the government licensing decision
2.Contract lawHard
In the Dutch Civil Code (BW), an offer that states a time limit for acceptance is:
- AInvalid without notarial approval
- BRevocable at any moment before acceptance
- CAutomatically accepted at the end of the period
- DIrrevocable during that period
3.Tort lawMedium
Police officers who helped at the Hillsborough disaster suffered psychiatric injury. In White v Chief Constable of South Yorkshire, their claims:
- ASucceeded, because they were employees of the defendant
- BFailed, because they were not in physical danger and were not primary victims
- CSucceeded, because rescuers are always treated as primary victims in English law
- DFailed, because the police can never sue their employer
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:
- ALiable, because fire spreading is always foreseeable
- BStrictly liable under Rylands v Fletcher
- CNot liable, because it had no knowledge of the risk
- DLiable, because occupiers must guard against all intruders
5.Constitutional lawMedium
In England and Wales, a claim for judicial review must generally be filed:
- AWithin six years
- BPromptly, and in any event within three months
- CWithin one year
- DAt any time
6.Constitutional lawHard
A woman with a terminal illness asks for a guarantee that her husband will not be prosecuted for helping her die. In Pretty v UK, the European Court of Human Rights held that Article 2:
- ARequires states to allow assisted suicide
- BWas not engaged by her case at all
- CRequires an immunity for her husband
- DDoes not include a right to die
7.Criminal lawMedium
D takes a college exam paper, reads it and returns it, planning to cheat. Following Oxford v Moss, D did not steal because:
- AExam papers have no economic value
- BConfidential information is not property under the Theft Act
- CThe paper itself was returned, so there was no intention to deprive
- DD was a student at the college
8.Criminal lawHard
Under the "transferred malice" doctrine, if A aims a blow at B but hits C:
- AA cannot be liable for harm to C because A had no mens rea at all in relation to C
- BA is only liable for attempted harm to C
- CB becomes liable for the harm to C
- DA's intention towards B is transferred, so A can be liable for the harm to C
9.EU lawMedium
Which article of the TFEU prohibits anti-competitive agreements between undertakings?
- AArticle 101
- BArticle 45
- CArticle 107
- DArticle 102
10.EU lawHard
In Inter-Environnement Wallonie (1997), the Court held that during the transposition period of a directive, member states:
- AMust already apply the directive in full
- BMust refrain from adopting measures liable to seriously compromise the result the directive prescribes
- CMay ask the Commission to extend the deadline indefinitely
- DAre free to adopt any measure until the deadline expires, even one directly contrary to the directive's aims
2Solutions
1.Contract law
Answer: B · Not frustrated, because the problem was self-induced
Why this is the answer
Jurisdiction: law of England and Wales. A party cannot rely on frustration caused by its own choice or fault. Since the company decided where the licences went, the charter was not frustrated.
B · Not frustrated, because the problem was self-induced
2.Contract law
Answer: D · Irrevocable during that period
Why this is the answer
Jurisdiction: Dutch law. Under Article 6:219 BW an offer can generally be revoked before acceptance, but not if it states a period for acceptance or its irrevocability follows otherwise from the offer.
D · Irrevocable during that period
3.Tort law
Answer: B · Failed, because they were not in physical danger and were not primary victims
Why this is the answer
Jurisdiction: law of England and Wales. The House of Lords held that employees and rescuers must meet the normal rules. Without being in danger or reasonably believing they were, they were secondary victims and failed the Alcock criteria.
B · Failed, because they were not in physical danger and were not primary victims
4.Tort law
Answer: C · 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.
C · Not liable, because it had no knowledge of the risk
5.Constitutional law
Answer: B · Promptly, and in any event within three months
Why this is the answer
Jurisdiction: law of England and Wales. The short time limit protects good administration and certainty. Some areas, such as planning, have even shorter limits.
B · Promptly, and in any event within three months
6.Constitutional law
Answer: D · Does not include a right to die
Why this is the answer
Jurisdiction: European Convention on Human Rights. Article 2 cannot be interpreted as giving the opposite right to choose death. The Court also accepted that Article 8 was engaged but that the ban on assisted suicide was justified.
D · Does not include a right to die
7.Criminal law
Answer: B · Confidential information is not property under the Theft Act
Why this is the answer
Jurisdiction: law of England and Wales. D kept only the information, which is not property capable of being stolen; the paper itself was not intended to be permanently taken.
B · Confidential information is not property under the Theft Act
8.Criminal law
Answer: D · A's intention towards B is transferred, so A can be liable for the harm to C
Why this is the answer
Jurisdiction: law of England and Wales. Malice transfers where the actus reus and mens rea are of the same type of offence. It does not transfer between different kinds of offences (R v Pembliton).
D · A's intention towards B is transferred, so A can be liable for the harm to C
9.EU law
Answer: A · Article 101
Why this is the answer
Jurisdiction: EU law. Article 101 TFEU prohibits agreements and concerted practices that restrict competition; Article 102 prohibits abuse of a dominant position; Article 107 covers state aid.
10.EU law
Answer: B · Must refrain from adopting measures liable to seriously compromise the result the directive prescribes
Why this is the answer
Jurisdiction: EU law. Although transposition is not yet due, states must not adopt provisions that would seriously compromise achieving the directive's result by the deadline.
B · Must refrain from adopting measures liable to seriously compromise the result the directive prescribes