Essentials of Law Questions and Answers Section A

SECTION A 1-1. What is the name used for a person who commences a civil action? a) Claimant b) Defendant c) Respondent d) Applicant 1-2. Which of the following statements is correct? a) All criminal trials are held before a judge and jury. b) All criminal trials are heard in the Magistrates' Court. c) In a criminal trial a defendant must prove he is innocent. d) In a criminal trial the prosecution must prove the defendant is guilty beyond reasonable doubt. 1-3. What does the doctrine of precedent mean? a) Judges are bound by statute. b) Judges must decide the case on the facts. c) Judges must apply the law set out in relevant decision of previous superior courts and sometimes courts of the same standing. d) Judges may apply the law set out in relevant decision of previous superior courts and sometimes courts of the same standing. 1-4. In which court may a trial for an indictable offence be heard? a) The Magistrates' Court. b) The High Court. c) The Crown Court. d) Either the Crown Court or the Magistrates' Court. 1-5. Which of the following statements in incorrect? a) Arbitration is the procedure by which parties refer their dispute to an Arbitrator. b) It is common practice for commercial contracts to contain express clauses referring disputes to arbitration. c) Any award given in arbitration is enforceable through the court system. d) The parties must have agreed to use the arbitration procedure before a contract is signed. 1-6. Which of the following relationships would not typically give rise to a duty of care? a) b) c) d) Manufacturer & consumer Driver & bystander Lawyer & client Employer & employee 1-7. In which case did Lord Bridge propose a 3 stage test for determining duty of care? a) b) c) d) Donoghue v Stevenson Hill v Chief Constable of West Yorkshire Home Office v Dorset Yacht Caparo v Dickman 1-8. Which of the following factors would not be taken into account when establishing the standard of care? a) b) c) d) Age Mental characteristics Special skills Physical disabilities 1-9. Which case sets out the relevant factors to take account of when considering breach of duty? a) b) c) d) Miller v Jackson Bolton v Stone Bolam v Friern HMC Wilsher v Essex AHA 1-10. In which case did Lord Atkin set out the “Neighbour Principle”? a) b) c) d) Caparo v Dickman Bolam v Friern HMC Donoghue v Stevenson Nettleship v Weston 1-11. Under the principle res ipsa loquitur, what does the Defendant have to prove? a) b) c) d) That the Claimant was negligent That there was no accident That he didn’t breach the duty of care That the Claimant contributed to the accident 1-12. Which of the following situations would suggest someone was an employee rather than an independent contractor? a) b) c) d) The worker cannot substitute someone else to do her work The worker provides her own equipment The worker works from home The worker chooses how to perform her job 1-13. What is the test for factual causation sometimes called? a) b) c) d) Res ipsa loquitur Volenti non fit injuria Novus actus interveniens The “but for” test 1-14. Which of the following characteristics does not come from The Wagon Mound case, when considering legal causation? a) b) c) d) Kind or type of damage Manner of infliction of damage Extent of damage Egg-shell skull rule 1-15. Which of the following is a partial defence to negligence? a) b) c) d) Limitation Act 1980 Contributory Negligence Consent (Volenti Non Fit Injuria) Illegality (Ex Turpi Causa Non Oritur Actio) 1-16. Which of the following relationships is not an example of the typical Hedley Byrne “special relationship”? a) b) c) d) Customer & shopkeeper Lawyer & client Financial adviser & client Valuer & homeowner 1-17. Which of the following class of Claimants are unlikely to be successful in a claim for psychiatric injury? a) b) c) d) Primary victims Parent who is at the scene of an accident involving their child Bystander with no connection to a primary victim Rescuer who puts themselves at risk in helping at an accident 1-18 Which of the following losses comes under the heading of pure economic loss following a road traffic accident? a) b) c) d) Damage to C’s car Damages for personal injuries suffered C’s loss of earnings for a week after the accident Loss of profit on work that C would have done later that week if he hadn’t been in an accident 1-19 In order to establish a duty of care in negligence for financial losses caused by D’s careless statement (negligent misstatement) the test is: a) b) c) d) Caparo v Dickman 3 stage test Caparo 3 stage test + Hedley Byrne Special Relationship Donoghue v Stevenson Neighbour Principle Hedley Byrne v Heller Special Relationship test 1-20. A Claimant who is stood on the opposite side of the road and watches her boyfriend’s car get hit by the Defendant’s car, and as a result suffers a psychiatric injury, is classified as a: a) Primary victim b) Secondary victim c) Bystander 1-21. The court stated that the advertisement in Carlill v Carbolic Smoke Ball Co. was which of the following? a) An invitation to treat. b) An offer. c) A statement of intention. d) Of no legal effect whatsoever. 1-22. In Pharmaceutical Society of G.B. v Boots Cash Chemist Ltd. It was decided that: a) Past consideration is no consideration. b) Goods on display in a self service store are an invitation to treat. c) The postal rules are effective for UK letters. d) Silence cannot be acceptance. 1-23. Gita gave police information about a jewel thief on Monday. On Tuesday she learns that the owner has offered a reward of £200 for giving information on the thief. Is the owner contractually obliged to pay Gita the reward monies? a) No, because a party cannot accept an offer of which he has no knowledge. b) Yes there is a unilateral contract. c) Yes there is a bilateral contract. d) No, a person is never contractually obliged to pay reward monies. 1-24. The following statements relate to the postal rules, which one is incorrect? a) The postal rules are no longer good law. b) The postal rules can be excluded from a contract. c) Under the postal rules a letter of acceptance properly addressed and stamped is effective from the moment of posting even if it never arrives. d) The postal rules only apply to acceptance of an offer. 1-25. What is meant by executory consideration? a) Consideration which is in the past. b) Where there is a promise to do something in the future. c) Where consideration has already been completed. d) The exchange of consideration. 1-26. Which of the following statements is correct? a) Consideration must be of adequate value. b) Performance of a duty imposed by law is good consideration. c) Consideration must always be greater than £1. d) Consideration must be sufficient. It must have some measurable and material value. 1-27. In which case did the court decide that the performance of existing contractual duties can sometimes amount to consideration where the promisor gains some benefit? a) Williams v Roffey Bros & Nicholls (Contractors) Ltd . b) Stilk v Myrick c) Foakes v Beer d) Chappell v Nestle Co Ltd. 1-28. Daniel owes Ace Builders £5000. On discovering that Ace Builders are in financial difficulty Daniel offers to pay them £3,000 in full settlement of the debt. Ace Builders agree to accept the £3,000 but a week later, claim the remaining £2,000. Will Ace Builders succeed in their claim? a) Yes, a promise to accept payment of a smaller sum of money than owed is not enforceable in the above scenario. b) Yes, but only if Ace Builders agree to carry out further work for the £2,000 c) No, because Daniel’s payment is in full settlement of the debt. d) No, because the doctrine of promissory estoppel would apply 1-29. A term may be implied into a contract by: (a) The courts (b) Statute (c) Trade custom (d) A term can never be implied, it must always be expressed by the parties a) (a) and (b) only b) (a) (b) and (c) only c) (d) d) (b) 1-30. Where a person acting in the course of a business includes a term in a contract which excludes liability for death and personal injuries through negligence, the term is: a) Binding on the parties provided they are not dealing as consumers. b) Invalid. c) Invalid unless it is reasonable. d) Only valid if it is brought to the attention of the other party. 1-31 Misrepresentation in a contract makes the contract: a) Void. b) Illegal. c) Voidable. d) Unenforceable. 1-32 An operative mistake in a contact makes the contract: a) Void. b) Illegal. c) Voidable. d) Unenforceable. 1-33. Which one of the following statements is incorrect? a) Misrepresentations cover false statements and half truths. b) A statement which is true when it is made but becomes false before the contract is completed may amount to a misrepresentation. c) To be actionable the misrepresentation must be the only reason that persuaded the other party to enter into the contract. d) In English law there is no duty to disclose information before a contract unless the contract is one of the utmost good faith or a special relationship of trust exists between the parties. 1-34. Which of following statements about bilateral discharge of a contract by agreement is INCORRECT? a) Neither party has completed all their obligations under the contract. b) Both parties agree to release each other from completing the contract. c) Consideration consists of each party’s promise not to insist on the other party’s performance of the outstanding obligations. d) The agreement is called an ‘accord and satisfaction.’ 1-35. Which Act covers situations where a contract has been frustrated and the parties have not made their own provisions in the contract for the consequences of such an event? a) b) c) d) The Law Reform (Frustrated Contracts) Act 1943 The Consequences of Frustrating Events Act 1978 The Companies Act 2006 The Consumer Rights Act 2015