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 appears on the back of a receipt
3. CIt was fairly and reasonably brought to the other party's attention
4. DThe other party could have found it online

A husband who has left his wife signs a note promising to transfer the house to her if she pays off the mortgage. She does. In Merritt v Merritt, the promise was:

1. AEnforceable only because it was made by deed
2. BEnforceable, because separated spouses are presumed to intend legal relations
3. CUnenforceable, because it was a domestic arrangement between husband and wife
4. DUnenforceable, because she gave no consideration

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

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

Which statement about the "loss of a chance" doctrine in English medical negligence is correct?

1. AThe doctrine applies only to economic loss in all cases
2. BA lost chance of recovery below 50% is generally not compensated (Gregg v Scott)
3. CAny lost chance is fully compensated
4. DLost chances are compensated proportionately, as in claims for lost commercial chances

In Thoburn v Sunderland City Council (the "metric martyrs" case), Laws LJ said that "constitutional statutes":

1. AMust be approved by referendum
2. BCannot be repealed at all
3. CCannot be impliedly repealed, only expressly
4. DPrevail automatically over all later Acts of Parliament

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:

1. ADoes not include a right to die
2. BRequires states to allow assisted suicide
3. CRequires an immunity for her husband
4. DWas not engaged by her case at all

A, a lifeguard paid to watch a pool, reads a magazine while a child drowns. A could be liable for an omission because of:

1. AA contractual duty to act
2. BHaving created the dangerous situation
3. CBeing the only person who saw the child
4. DA special relationship with the child's parents

In R v Malcherek and Steel (1981), doctors switched off life-support machines after diagnosing brain death. The court held:

1. ASwitching off did not break the chain; the original assailants caused the deaths
2. BThe victims died of natural causes in law
3. CThe doctors became the legal cause of death by deliberately switching off the machines
4. DThe defendants were guilty only of attempted murder

If a member state does not comply with a Court judgment finding an infringement, under Article 260(2) TFEU the Court can:

1. AExpel the state from the EU
2. BImpose a lump sum or penalty payment on the state
3. CSuspend the state's voting rights in the Council
4. DAnnul the conflicting national law itself

In Åkerberg Fransson (2013), a Swedish fisherman faced tax penalties and criminal proceedings for VAT fraud. The Court held that the Charter applied because:

1. AThe fisherman was an EU institution employee
2. BThe national measures fell within the scope of EU law on VAT and the EU's financial interests
3. CSweden had incorporated the Charter into its constitution
4. DThe Charter applies to every action of a member state, whether or not it involves EU law in any way