1Practice problems
1.Contract lawMedium
A promises to keep an offer open until Friday. On Thursday, B hears from a reliable third party that A has sold the property to someone else. Under Dickinson v Dodds:
- AB can sue A for breaking the promise to keep it open
- BThe offer has been revoked, so B can no longer accept
- CThe offer stays open until Friday, as A promised
- DB can accept and claim the property from the new buyer
2.Contract lawHard
Specific performance is usually ordered when:
- ADamages would be an inadequate remedy, for example for unique goods or land
- BThe claimant asks for it in any case
- CThe contract involves personal services, such as employment or performance contracts
- DThe defendant has no money
3.Tort lawMedium
Under Froom v Butcher, if wearing a seatbelt would have prevented a car passenger's injuries entirely, damages are usually reduced by:
- A25%
- B10%
- C75%
- D50%
4.Tort lawHard
A surveyor values a modest house for a mortgage lender, knowing the buyer will rely on it. The report is negligent and contains a disclaimer. In Smith v Eric S Bush, the House of Lords held:
- AThe lender alone could sue the surveyor
- BThe surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
- CThe disclaimer excluded all liability to the buyer
- DThe surveyor owed no duty, because the buyer was not the client who commissioned the report
5.Constitutional lawMedium
In R v Bow Street Magistrate, ex p Pinochet (No 2), the House of Lords set aside its own earlier decision because:
- AOne judge had links to a charity that was a party to the case
- BThe case had been heard in private
- CPinochet had not been given a lawyer of his own choice at the hearing
- DThe judges had made a legal mistake
6.Constitutional lawHard
Walter Bagehot described the "efficient secret" of the English constitution as:
- AThe strict separation of all three powers
- BThe independence of the House of Lords
- CThe close union of the executive and legislative powers
- DThe monarch's power to veto legislation
7.Criminal lawMedium
D and V are playing a properly organised rugby match. D tackles V within the rules and V breaks a leg. D is most likely:
- ALiable for battery, because consent is never a defence to serious bodily harm
- BLiable, because rugby is not a recognised sport
- CLiable for GBH, because a serious injury was caused
- DNot liable, because players consent to injuries within the rules of the game
8.Criminal lawHard
In "Thabo Meli v R", the defendants beat the victim, believed him dead and threw him off a cliff, where he died of exposure. The court held:
- AThere was no murder because the mens rea existed only before the act that actually caused death
- BThe defendants were guilty only of attempted murder
- CThe victim's death was not caused by the defendants
- DThe series of acts formed one transaction, so actus reus and mens rea coincided
9.EU lawMedium
In Commission v Ireland ("Buy Irish", 1982), a campaign promoting Irish products breached Article 34 because:
- AIt was a state-supported measure capable of influencing traders to prefer domestic goods
- BIt set quotas on goods from other member states
- CIt was run by private companies without state involvement
- DIt imposed a charge having equivalent effect to a customs duty on goods imported from other member states
10.EU lawHard
The CILFIT criteria describe when a court of last instance does NOT have to make a preliminary reference, for example when:
- AThe correct interpretation is so obvious as to leave no scope for reasonable doubt (acte clair)
- BThe parties prefer not to refer
- CThe question is politically sensitive and the government has formally asked the court not to refer it
- DThe case is urgent for the government
2Solutions
1.Contract law
Answer: B · The offer has been revoked, so B can no longer accept
Why this is the answer
Jurisdiction: law of England and Wales. A promise to keep an offer open is not binding without consideration. Revocation can be communicated by a reliable third party, and B knew A no longer intended to sell.
B · The offer has been revoked, so B can no longer accept
2.Contract law
Answer: A · Damages would be an inadequate remedy, for example for unique goods or land
Why this is the answer
Jurisdiction: law of England and Wales. Common law courts order specific performance where damages are inadequate, such as sales of land or unique items, but not for personal service contracts. Civil law systems treat performance as a more primary remedy.
A · Damages would be an inadequate remedy, for example for unique goods or land
3.Tort law
Answer: A · 25%
Why this is the answer
Jurisdiction: law of England and Wales. The guideline is 25% where a seatbelt would have prevented the injury and 15% where it would have reduced its severity, under the Law Reform (Contributory Negligence) Act 1945.
4.Tort law
Answer: B · The surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
Why this is the answer
Jurisdiction: law of England and Wales. The surveyor knew the buyer would rely on the valuation, which created a duty. Under UCTA, the disclaimer was not fair and reasonable for an ordinary house purchase.
B · The surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
5.Constitutional law
Answer: A · One judge had links to a charity that was a party to the case
Why this is the answer
Jurisdiction: law of England and Wales. Lord Hoffmann was a director of a charity connected with Amnesty International, which had intervened. A judge with such an interest in a party's cause is automatically disqualified.
A · One judge had links to a charity that was a party to the case
6.Constitutional law
Answer: C · The close union of the executive and legislative powers
Why this is the answer
Jurisdiction: law of England and Wales. Bagehot argued that the Cabinet, drawn from and dependent on Parliament, fused executive and legislature. This contrasts with the US-style separation of powers.
C · The close union of the executive and legislative powers
7.Criminal law
Answer: D · Not liable, because players consent to injuries within the rules of the game
Why this is the answer
Jurisdiction: law of England and Wales. Players impliedly consent to contact within the rules and to risks reasonably incidental to the game; deliberate off-the-ball violence is different (R v Barnes).
D · Not liable, because players consent to injuries within the rules of the game
8.Criminal law
Answer: D · The series of acts formed one transaction, so actus reus and mens rea coincided
Why this is the answer
Jurisdiction: law of England and Wales. The Privy Council treated the beating and disposal as one continuous plan, so the intent to kill coincided with the acts causing death.
D · The series of acts formed one transaction, so actus reus and mens rea coincided
9.EU law
Answer: A · It was a state-supported measure capable of influencing traders to prefer domestic goods
Why this is the answer
Jurisdiction: EU law. A government-sponsored campaign encouraging purchase of domestic products is a measure of the state capable of hindering imports, even if it is not legally binding.
A · It was a state-supported measure capable of influencing traders to prefer domestic goods
10.EU law
Answer: A · The correct interpretation is so obvious as to leave no scope for reasonable doubt (acte clair)
Why this is the answer
Jurisdiction: EU law. Courts of last instance need not refer if the question is irrelevant, already answered (acte éclairé), or the answer is clear beyond reasonable doubt (acte clair), refined in Consorzio Italian Management.
A · The correct interpretation is so obvious as to leave no scope for reasonable doubt (acte clair)