Introduction to Law: cram pack

An unusual and onerous term in standard conditions will only be incorporated if:

1. AIt is printed anywhere in the contract documents, however small the type
2. BIt was fairly and reasonably brought to the other party's attention
3. CThe other party could have found it online
4. DIt appears on the back of a receipt

An employer pays large severance sums to two directors, later discovering it could have dismissed them for nothing because of their earlier misconduct. In Bell v Lever Bros, the agreements were:

1. AVoid for common mistake about the contracts
2. BVoidable for the directors' misrepresentation by failing to disclose their misconduct
3. CUnenforceable because severance needs a deed
4. DValid, because the mistake about quality was not fundamental enough

Two chimney sweeps die from fumes while sealing a chimney, despite warnings about the danger. In Roles v Nathan, the occupier was:

1. ANot liable, because the sweeps were trespassers
2. BLiable, because occupiers must make premises completely safe for every visitor, including specialists
3. CLiable, because the warnings were given orally
4. DNot liable, because specialists can be expected to guard against risks of their trade

A "novus actus interveniens" can:

1. ABreak the chain of causation between the defendant's breach and the harm
2. BTurn a civil claim into a criminal one when the intervening act is an offence
3. CCreate a new duty of care
4. DIncrease the damages owed

Which rights in the ECHR are absolute and allow no derogation even in an emergency?

1. AFreedom of assembly (Article 11)
2. BRight to respect for private life (Article 8)
3. CFreedom of expression (Article 10)
4. DThe prohibition of torture (Article 3)

Dicey argued that in England individual liberties were mainly protected by:

1. AA written bill of rights with higher status
2. BThe ordinary courts applying the common law
3. CA specialised constitutional court
4. DThe personal decisions of the monarch

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 Stone and Dobinson (1977), a duty to act arose because the defendants had:

1. AA contract to look after the victim for money
2. BVoluntarily assumed the care of a relative who could not care for herself
3. CCreated the dangerous situation themselves by assaulting the victim earlier
4. DA public office that required them to protect the victim

In Van Binsbergen (1974), a Dutch rule requiring legal representatives to reside in the Netherlands was examined. The Court held that:

1. ALegal services are outside the scope of the Treaty
2. BMember states may always require residence for professionals involved in the administration of justice
3. CThe freedom to provide services is directly effective and residence requirements need justification
4. DOnly regulations can create rights for service providers

The Kadi judgment (2008) is significant because the CJEU held that:

1. AIndividuals can never challenge sanctions
2. BUN Security Council resolutions always prevail over EU fundamental rights under the UN Charter
3. CThe EU has no competence in foreign policy
4. DEU measures implementing UN Security Council resolutions must respect EU fundamental rights