A contract made under duress may be:
- AAvoided (set aside) by the pressured party
- BEnforced against the pressured party in every case
- CAutomatically valid with no remedy
- DTurned into a criminal offence only
Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.
A contract made under duress may be:
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:
In Barnett v Chelsea and Kensington Hospital, why did the claim fail?
Under section 3 of the Defamation Act 2013, the honest opinion defence requires that the statement:
Constitutional conventions are:
In R (Nicklinson) v Ministry of Justice (2014), concerning the ban on assisted suicide, the majority of the UK Supreme Court:
D grabs V's handbag so forcefully that V's hand is pulled down. Following R v Clouden, this can be:
Under the "transferred malice" doctrine, if A aims a blow at B but hits C:
Costa v ENEL (1964) established:
Under Article 263 TFEU, a private applicant may challenge a regulatory act that does not need implementing measures if it is:
Answer: A · Avoided (set aside) by the pressured party
Jurisdiction: general principle, found in most legal systems. Duress (illegitimate pressure that induces the contract) makes the contract voidable at the option of the victim.
Answer: C · Unenforceable, as an unreasonable restraint of trade
Jurisdiction: law of England and Wales. Restraints of trade are void unless reasonable to protect a legitimate interest, such as trade secrets or customer connections. A worldwide 20-year ban on an ordinary employee goes far beyond that.
Answer: A · The patient would have died even with proper treatment
Jurisdiction: law of England and Wales. Although the doctor breached the duty by not examining the patient, the arsenic poisoning would have been fatal anyway, so causation failed.
Answer: D · Was an opinion, indicated its basis, and an honest person could have held it on the facts
Jurisdiction: law of England and Wales. The defence protects comment, not statements of fact. It is defeated if the claimant shows the defendant did not actually hold the opinion.
Answer: B · Non-legal rules of political practice that are regarded as binding
Jurisdiction: law of England and Wales. Conventions, such as the monarch granting royal assent, guide behaviour but are not enforced by courts (as confirmed in the Miller case).
Answer: D · Declined to make a declaration of incompatibility at that time, leaving it to Parliament
Jurisdiction: law of England and Wales. The court held it had power to make a declaration, but most judges considered it inappropriate then, as Parliament should first consider the issue.
Answer: A · Robbery, because force was used on the person to steal
Jurisdiction: law of England and Wales. Clouden held that wrenching a bag from someone's grasp can be force on the person; whether the force is enough is a question for the jury.
Answer: A · A's intention towards B is transferred, so A can be liable for the harm to C
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).
Answer: A · The supremacy (primacy) of EU law over national law
Jurisdiction: EU law. The Court held that member states had limited their sovereign rights and that national law, even later law, cannot override EU law.
Answer: B · Of direct concern to them
Jurisdiction: EU law. For regulatory acts not entailing implementing measures, direct concern suffices; for other acts addressed to others, the applicant also needs individual concern (Plaumann).
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