Take the test - click on the '?' to select your answer.
Contract: there are two types of breach of contract and they are:
Anticipatory and Actual
Actual and Preventative
Anticipatory and Authentic
Authentic and Preventative
Contract: there are 3 types of misrepresentation and they are:
Fraudulent, negligent and innocent
Fraudulent, innocent and mistaken
Mistaken, fraudulent and deliberate
Deliberate, fraudulent and innocent
Contract: in which case did the House of Lords pronounce that an award of damages is intended to put them in the same position as they would have been if there had been no breach of contract
Jackson & another v Royal Bank of Scotland, 2005
Addis v Gramophone Co Ltd., 1909
Victoria Laundry Ltd v Newman Industries Ltd., 1949
Carlill v Carbolic Smokeball Co.
Crime: the ‘thin skull’ rule means that ....
Where the victim has a particular weakness defendants will be liable for the full consequences of their actions
Where the victim has a particular weakness unknown to the defendants, this will be a mitigating factor
Where the victim has a particular weakness defendants will not be liable for the consequences of their actions
If a victim has, for example, a weak heart, and dies from a heart attack through the shock of being attacked, this will be a mitigating factor
Crime: the actus reus of actual bodily harm is ...
an assault or battery which causes harm
an assault or battery
a physical attack
an assault or battery which causes serious harm
Crime: the M’Nagten rules are to do with defences concerning ...
insanity
automatism
consent
self-defence
Crime: the HL held that intoxication could not negate the mens rea where the required mens rea was recklessness in which case?
Majewski
Kingston
Lipman
Attorney General for Northern Ireland v. Gallagher, 1963
Crime: theft is best defined as ...
appropriation of property belonging to another dishonestly with the intent permanently to deprive
entry to a building or part of one as a trespasser with the intent to steal
dishonestly taking property belonging to another person
stealing for profit
Crime: The Ghosh test consists in answering two key questions and they are:
a) Was the act dishonest by the ordinary standards of reasonable and honest people? and b) Did the defendant realise the act would be regarded as dishonest by such people?
a) Did the defendant gain advantage from a dishonest act? and b) Was the act dishonest by the ordinary standards of reasonable and honest people?
a) Was the act dishonest by the ordinary standards of reasonable and honest people? and b) Did the defendant know that what he/she was doing was illegal?
a) Was the act dishonest? and b) Was the act illegal?
Crime: it is a legitimate defence under the Theft Act if someone appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it.
True
False
Tort: a tort is ...
... a civil wrong
... a crime
... the French word for an illegal act
... something which is a nuisance
Tort: the famous case of Donoghue v. Stevenson, 1932, concerned ...
... a snail and a bottle of ginger beer
... a slug in a salad
... a dog in a swimming pool
... a goat in a cabbage patch
Tort: briefly, the 3-stage test involves:
foreseeability, proximity and fairness
certainty, relationships and legality
uncertainty, distance and illegality
unfairness, friendships and foresight
Tort: Romer defined public nuisance as something which ...
... materially affects the reasonable comfort and convenience of life of a class of Her Majesty’s subjects
... is a continual and persistent inconvenience to a person
... is an invasion of privacy resulting in severe consequences
... an unreasonable and avoidable incursion on another's civil liberty
Tort: Bolton v. Stone concerned:
factory fumes
cricket balls
noise
faulty wiring
Tort: essentially, The Wagon Mound test concerns ...
... foreseeability
... responsibility
... proximity
... intention
Tort: in law, the Latin term novus actus interveniens concerns ...
... breaking the chain of causation
... starting a new claim in tort
... intervening in someone else's life
... acting in a negligent manner
Tort: in which famous case did Blackburn J say: ...the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape
Rylands v. Fletcher, 1868
Giles v. Walker, 1890
Mason v. Levy Autoparts, 1967
Transco Plc v. Stockport BC, 2004
Tort: if you are found liable for an employee's actions, this is called ...
... vicarious liability
... indirect liability
... deferred liability
... delegated liability
Concepts: The Wolfenden Report became the subject of a major legal debate between Lord Devlin and Professor Hart. Who argued that law and morality are inextricably linked?