1Practice problems
1.Contract lawMedium
A seller says the farms are "fully let" but does not mention that the tenants have given notice to leave. This is:
- AA misrepresentation by half-truth
- BA mere puff with no legal effect
- CMere silence, which is never actionable
- DA statement of opinion only
2.Contract lawHard
In English law, a presumption of undue influence typically arises when:
- AThere is a relationship of trust and confidence and a transaction that calls for explanation
- BAny customer signs a contract with a bank
- CThe price agreed is substantially lower than the market price, whatever the relationship of the parties
- DAny contract is made between members of a family
3.Tort lawMedium
Two 15-year-old girls fence with plastic rulers and one is injured in the eye. Under Mullin v Richards, the defendant's conduct is judged by the standard of:
- AA reasonable teacher
- BA reasonable 15-year-old
- CA reasonable adult
- DThe defendant's own understanding
4.Tort lawHard
Members of a religious teaching order abused pupils at schools. The brothers were not employees of the order. In Various Claimants v Catholic Child Welfare Society, the Supreme Court held the order:
- ANot liable, because the brothers were not employees
- BVicariously liable, as the relationship was akin to employment
- CNot liable, because the order did not own the schools
- DLiable only in contract to the schools
5.Constitutional lawMedium
Under the Human Rights Act 1998, a private body with some "functions of a public nature" is:
- ABound by the Act in everything it does
- BBound by the Act for its public functions, but not for private acts
- CNever bound by the Act
- DBound by the Act only if it receives most of its funding from the state
6.Constitutional lawHard
The Wednesbury unreasonableness test asks whether a decision is:
- ASo unreasonable that no reasonable authority could have made it
- BSlightly less than ideal
- CUnpopular with the public
- DDifferent from what the judge would have decided on the same evidence
7.Criminal lawMedium
D swaps price labels on two items in a supermarket, intending to pay the lower price. Following R v Morris, the appropriation took place when D:
- APut the item in the trolley
- BPaid at the checkout
- CSwitched the labels, assuming one of the owner's rights
- DLeft the shop without paying
8.Criminal lawHard
In Re A (Conjoined Twins) (2001), the Court of Appeal allowed surgery that would kill the weaker twin to save the stronger. This is often cited as authority that:
- AParental consent is a defence to homicide
- BNecessity is a general defence to murder whenever more lives would be saved than lost
- CNecessity can, in very exceptional circumstances, justify an act that causes death
- DDoctors can never be liable for murder
9.EU lawMedium
In Van Binsbergen (1974), a Dutch rule requiring legal representatives to reside in the Netherlands was examined. The Court held that:
- ALegal services are outside the scope of the Treaty
- BThe freedom to provide services is directly effective and residence requirements need justification
- COnly regulations can create rights for service providers
- DMember states may always require residence for professionals involved in the administration of justice
10.EU lawHard
In Åkerberg Fransson (2013), a Swedish fisherman faced tax penalties and criminal proceedings for VAT fraud. The Court held that the Charter applied because:
- AThe Charter applies to every action of a member state, whether or not it involves EU law in any way
- BSweden had incorporated the Charter into its constitution
- CThe national measures fell within the scope of EU law on VAT and the EU's financial interests
- DThe fisherman was an EU institution employee
2Solutions
1.Contract law
Answer: A · A misrepresentation by half-truth
Why this is the answer
Jurisdiction: law of England and Wales. A statement that is literally true but misleading because of what it leaves out can be a misrepresentation.
A · A misrepresentation by half-truth
2.Contract law
Answer: A · There is a relationship of trust and confidence and a transaction that calls for explanation
Why this is the answer
Jurisdiction: law of England and Wales. The claimant proves trust and confidence (automatic for some relationships, such as solicitor and client) and a transaction not readily explained by the relationship. The burden then shifts to the other party.
A · There is a relationship of trust and confidence and a transaction that calls for explanation
3.Tort law
Answer: B · A reasonable 15-year-old
Why this is the answer
Jurisdiction: law of England and Wales. For children, the standard is that of a reasonable child of the same age. The game was common and the injury not foreseeable to a girl of that age, so she was not negligent.
B · A reasonable 15-year-old
4.Tort law
Answer: B · Vicariously liable, as the relationship was akin to employment
Why this is the answer
Jurisdiction: law of England and Wales. The brothers worked under the order's direction, as part of its mission and hierarchy, so the relationship was sufficiently akin to employment. The abuse was also closely connected to that relationship.
B · Vicariously liable, as the relationship was akin to employment
5.Constitutional law
Answer: B · Bound by the Act for its public functions, but not for private acts
Why this is the answer
Jurisdiction: law of England and Wales. These are "hybrid" public authorities. They must act compatibly with Convention rights when exercising public functions, but not when the nature of the act is private.
B · Bound by the Act for its public functions, but not for private acts
6.Constitutional law
Answer: A · So unreasonable that no reasonable authority could have made it
Why this is the answer
Jurisdiction: law of England and Wales. Associated Provincial Picture Houses v Wednesbury Corporation set a deliberately high bar: courts intervene only for decisions outside the range of reasonable responses.
A · So unreasonable that no reasonable authority could have made it
7.Criminal law
Answer: C · Switched the labels, assuming one of the owner's rights
Why this is the answer
Jurisdiction: law of England and Wales. Morris held that assuming any one of the owner's rights, such as labelling goods, is an appropriation, even before leaving the shop.
C · Switched the labels, assuming one of the owner's rights
8.Criminal law
Answer: C · Necessity can, in very exceptional circumstances, justify an act that causes death
Why this is the answer
Jurisdiction: law of England and Wales. Brooke LJ accepted necessity where the act was needed to avoid inevitable and irreparable evil, no more was done than necessary, and the evil inflicted was not disproportionate.
C · Necessity can, in very exceptional circumstances, justify an act that causes death
9.EU law
Answer: B · The freedom to provide services is directly effective and residence requirements need justification
Why this is the answer
Jurisdiction: EU law. Van Binsbergen held the services provisions directly effective; a residence requirement can only be justified by professional rules in the general interest that are objectively necessary.
B · The freedom to provide services is directly effective and residence requirements need justification
10.EU law
Answer: C · The national measures fell within the scope of EU law on VAT and the EU's financial interests
Why this is the answer
Jurisdiction: EU law. The Court read "implementing EU law" as acting within the scope of EU law, so ne bis in idem under Article 50 of the Charter could apply.
C · The national measures fell within the scope of EU law on VAT and the EU's financial interests