Introduction to Law: cram pack

Formula sheets, the key method steps for every topic and 10 practice problems, with full solutions at the back.

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1Practice problems

1.Contract lawMedium

A doctor selling his practice truthfully states its income, but the income falls sharply before the contract is signed and he says nothing. This is:

  1. AA breach of an implied condition of quality
  2. BNot a misrepresentation, because the statement was true when it was made
  3. CA mere opinion about future income
  4. DA misrepresentation, because he should have corrected the statement
2.Contract lawHard

A carrier, knowing a small company depends on its deliveries to supply a major customer, refuses to continue unless paid a higher minimum price. The company agrees as it has no alternative. In Atlas Express v Kafco:

  1. AThe carrier committed a crime of extortion
  2. BThe new agreement was binding as a free variation
  3. CThe new agreement was not binding, due to economic duress
  4. DThe new agreement was binding, as the carrier's continued performance was a practical benefit
3.Tort lawMedium

The "but for" test is used to establish:

  1. AFactual causation
  2. BDuty of care
  3. CRemoteness of damage
  4. DThe standard of care
4.Tort lawHard

An internal auditor with a grudge against his employer leaks staff payroll data online. In WM Morrison Supermarkets v Various Claimants (2020), the Supreme Court held the employer:

  1. ALiable only to staff whose data was used for fraud
  2. BVicariously liable, as data breaches are strict liability
  3. CNot vicariously liable, as he was pursuing a personal vendetta
  4. DVicariously liable, as he had access to the data through his job
5.Constitutional lawMedium

In Marbury v Madison (1803), the US Supreme Court established:

  1. AThe power of Congress to overrule decisions of the federal judiciary
  2. BThe right to bear arms
  3. CThe power of courts to review the constitutionality of legislation
  4. DThe President's veto power
6.Constitutional lawHard

A tribunal orders publication of Prince Charles's letters to ministers. The Attorney General issues a certificate under the Freedom of Information Act overriding it. In R (Evans) v Attorney General (2015), the Supreme Court held:

  1. AThe certificate was invalid, as he had merely disagreed with the tribunal's view of the same facts
  2. BThe certificate was valid, as the Act gave him an unqualified veto over any tribunal decision on disclosure
  3. CThe Act was incompatible with Article 10 ECHR
  4. DThe letters could never be published
7.Criminal lawMedium

D grabs V's handbag so forcefully that V's hand is pulled down. Following R v Clouden, this can be:

  1. ABurglary, because the bag was V's property
  2. BRobbery, because force was used on the person to steal
  3. COnly theft, because there was no direct contact with V's body
  4. DOnly battery, because the bag was not taken
8.Criminal lawHard

In R v Cunningham (1957), D tore a gas meter off a wall to steal money; gas leaked and poisoned a neighbour. The court held "maliciously" means:

  1. AIntending the harm or foreseeing the risk of it and taking it anyway
  2. BFailing to notice a risk an ordinary person would see
  3. CActing with wickedness or ill will towards the victim, as in ordinary usage
  4. DActing in a way that is against the law
9.EU lawMedium

Environmental policy is an example of which type of EU competence?

  1. AExclusive competence
  2. BShared competence
  3. CSupporting competence
  4. DNo EU competence at all
10.EU lawHard

In Höfner and Elser (1991), a German public employment agency was held to be an "undertaking" for competition law because:

  1. AIt was owned by foreign investors
  2. BIt was registered as a private company and financed by the fees it charged employers
  3. CIt was engaged in an economic activity, regardless of its legal status and financing
  4. DIt made a large profit every year

2Solutions

1.Contract law

Answer: D · A misrepresentation, because he should have corrected the statement

Why this is the answer

Jurisdiction: law of England and Wales. A statement that becomes false before the contract is made must be corrected. Failing to do so is treated as a continuing misrepresentation.

Answer

D · A misrepresentation, because he should have corrected the statement
2.Contract law

Answer: C · The new agreement was not binding, due to economic duress

Why this is the answer

Jurisdiction: law of England and Wales. Illegitimate commercial pressure that leaves the victim no practical choice vitiates consent. The court also found no consideration for the higher price.

Answer

C · The new agreement was not binding, due to economic duress
3.Tort law

Answer: A · Factual causation

Why this is the answer

Jurisdiction: law of England and Wales. If the damage would have happened anyway, the breach is not a factual cause, as in Barnett v Chelsea and Kensington Hospital.

Answer

A · Factual causation
4.Tort law

Answer: C · Not vicariously liable, as he was pursuing a personal vendetta

Why this is the answer

Jurisdiction: law of England and Wales. Giving the employee the opportunity to commit the wrong was not enough. He was not engaged in furthering the employer's business but pursuing a personal aim, so the close connection test was not met.

Answer

C · Not vicariously liable, as he was pursuing a personal vendetta
5.Constitutional law

Answer: C · The power of courts to review the constitutionality of legislation

Why this is the answer

Jurisdiction: United States law. Chief Justice Marshall held that courts can declare acts of Congress void if they conflict with the Constitution.

Answer

C · The power of courts to review the constitutionality of legislation
6.Constitutional law

Answer: A · The certificate was invalid, as he had merely disagreed with the tribunal's view of the same facts

Why this is the answer

Jurisdiction: law of England and Wales. The majority read the statutory power narrowly: allowing a minister to override a judicial decision just because he disagreed with it would offend the rule of law.

Answer

A · The certificate was invalid, as he had merely disagreed with the tribunal's view of the same facts
7.Criminal law

Answer: B · Robbery, because force was used on the person to steal

Why this is the answer

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

B · Robbery, because force was used on the person to steal
8.Criminal law

Answer: A · Intending the harm or foreseeing the risk of it and taking it anyway

Why this is the answer

Jurisdiction: law of England and Wales. Cunningham defined malice as intention or subjective recklessness about the particular kind of harm; D's conviction was quashed because the jury had been misdirected.

Answer

A · Intending the harm or foreseeing the risk of it and taking it anyway
9.EU law

Answer: B · Shared competence

Why this is the answer

Jurisdiction: EU law. In shared areas such as the environment, consumer protection and the internal market, member states may legislate to the extent the EU has not exercised its competence.

Answer

B · Shared competence
10.EU law

Answer: C · It was engaged in an economic activity, regardless of its legal status and financing

Why this is the answer

Jurisdiction: EU law. An undertaking is any entity engaged in an economic activity; the fact that it is public or not for profit does not matter.

Answer

C · It was engaged in an economic activity, regardless of its legal status and financing

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