Introduction to Law: cram pack

A sailor is to be paid only on completing a voyage, but dies part of the way. Under the strict rule applied in Cutter v Powell:

1. ANothing was recoverable for the part performed
2. BThe ship owner had to pay compensation
3. CThe full wages were payable
4. DA proportion of the wages was payable

Under the EU Unfair Terms Directive, a non-negotiated consumer contract term is unfair if:

1. AThe consumer did not read it
2. BIt benefits the trader in any way, even where the consumer's rights are not significantly affected
3. CIt was written in small font
4. DContrary to good faith, it causes a significant imbalance to the consumer's detriment

Strict liability means a defendant can be liable:

1. AOnly for criminal acts
2. BWithout proof of fault
3. COnly if they acted intentionally
4. DOnly if they broke a contract

After Barker v Corus held that liability under the Fairchild exception was proportionate to each defendant's share of the risk, Parliament responded for mesothelioma cases by:

1. AMaking each responsible person liable for the whole damage, under the Compensation Act 2006
2. BCreating a state compensation fund to replace tort claims against employers and their insurers entirely
3. CAbolishing claims for asbestos disease
4. DRequiring proof of "but for" causation in all cases

Which ground of judicial review applies when a decision-maker ignores a relevant consideration?

1. AProcedural impropriety only
2. BLegitimate expectation only
3. CIllegality
4. DNone, because courts never review considerations

In the Urgenda case (2019), the Dutch Supreme Court upheld an order requiring the State to:

1. AReduce greenhouse gas emissions by at least 25% compared with 1990 by the end of 2020
2. BPay damages to every Dutch citizen
3. CClose all coal power stations immediately
4. DWithdraw from international climate agreements

D buys a substance believing it is heroin and intends to sell it on. In fact it is harmless powder. Following R v Shivpuri, D is:

1. AGuilty of the full offence of dealing drugs
2. BNot guilty, because the substance was harmless
3. CGuilty of attempt, as impossibility is no defence under the 1981 Act
4. DNot guilty, because attempting the impossible is no offence under the 1981 Act

Conspiracy in English law requires:

1. AA written plan
2. BThe crime to be actually committed
3. CAt least one of the conspirators to have carried out an overt act towards committing the agreed crime
4. DAn agreement between two or more people to commit a crime, with intent that it be carried out

In Van Binsbergen (1974), a Dutch rule requiring legal representatives to reside in the Netherlands was examined. The Court held that:

1. AOnly regulations can create rights for service providers
2. BThe freedom to provide services is directly effective and residence requirements need justification
3. CLegal services are outside the scope of the Treaty
4. DMember states may always require residence for professionals involved in the administration of justice

In Aranyosi and Căldăraru (2016), the Court held that a judicial authority executing a European Arrest Warrant:

1. AMay postpone surrender if there is a real risk of inhuman or degrading detention conditions for that person
2. BMust ask the European Court of Human Rights for permission
3. CMust always surrender the person, whatever the prison conditions
4. DCan refuse any warrant from a state it distrusts in general