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:
- AA breach of an implied condition of quality
- BNot a misrepresentation, because the statement was true when it was made
- CA mere opinion about future income
- 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:
- AThe carrier committed a crime of extortion
- BThe new agreement was binding as a free variation
- CThe new agreement was not binding, due to economic duress
- 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:
- AFactual causation
- BDuty of care
- CRemoteness of damage
- 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:
- ALiable only to staff whose data was used for fraud
- BVicariously liable, as data breaches are strict liability
- CNot vicariously liable, as he was pursuing a personal vendetta
- 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:
- AThe power of Congress to overrule decisions of the federal judiciary
- BThe right to bear arms
- CThe power of courts to review the constitutionality of legislation
- 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:
- AThe certificate was invalid, as he had merely disagreed with the tribunal's view of the same facts
- BThe certificate was valid, as the Act gave him an unqualified veto over any tribunal decision on disclosure
- CThe Act was incompatible with Article 10 ECHR
- 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:
- ABurglary, because the bag was V's property
- BRobbery, because force was used on the person to steal
- COnly theft, because there was no direct contact with V's body
- 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:
- AIntending the harm or foreseeing the risk of it and taking it anyway
- BFailing to notice a risk an ordinary person would see
- CActing with wickedness or ill will towards the victim, as in ordinary usage
- DActing in a way that is against the law
9.EU lawMedium
Environmental policy is an example of which type of EU competence?
- AExclusive competence
- BShared competence
- CSupporting competence
- 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:
- AIt was owned by foreign investors
- BIt was registered as a private company and financed by the fees it charged employers
- CIt was engaged in an economic activity, regardless of its legal status and financing
- 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
C · It was engaged in an economic activity, regardless of its legal status and financing