Revision 2

A criminal case is known as a:

• Claim

• Prosecution

• Charge

Which court would be likely to try a case involving the recovery of a debt worth £5,000?

• Magistrates’ court

• High Court

• Crown Court

   

• County court

 

In the context of the English legal system, which of the following defines the ratio decidendi of a judgment?

• The facts of the case.

• The future application of the case

• The decision in a previous case

• The legal reason for deciding the case

In the context of judicial precedent, a decision made by which of the following courts is most authoritative?

• High Court

• Privy Council

• Court of Appeal

• Supreme Court.

In the context of contract law, a bid at an auction is which of the following?

• An invitation to treat

• An acceptance

• An offer

•   A counter-offer.

Which of the following may imply terms into a contract?

• The parties to the contract

• Third parties

• Statute

Which of the following will allow the ‘innocent party’ to terminate a contract?

• Late delivery where the contract states that ‘time is to be in every respect the essence of the contract’

• Late payment

• Late delivery

The aim of an award of damages is usually to:

 

• Place the innocent party in the position s/he would have been in of the contract had been properly performed

• Restore the parties to their pre-contract position

• Punish the party responsible for breaking the contract.

 

An employer will usually not be vicariously liable for torts committed by:

• ‘Limb (b) Workers’ under section 230(3)(b) Employment Rights Act 1996

• Independent contractors

• Employees

During drinks after work, Ahmed who is an accountant, recommended that his friend Boris should invest in ‘hypercoin’ - a cryptocurrency (a virtual electronic currency used as a means of exchange in the online trading of goods and services). As a result Boris invested his life savings in hypercoin. A few days later, hypercoin lost all its value after the trading system it supported was revealed as a fraudulent scam. Which of the following best describes Ahmed’s liability for negligent misstatement:

 

 

• Ahmed will not be liable because there was no contract between Ahmed and Boris

• Ahmed will be liable because he directed his advice to Boris, and Boris relied upon the advice for the same purpose as it was given by Ahmed

• Ahmed will be liable because he ought reasonably to have foreseen that Boris would rely on his advice

• Ahmed will not be liable because it was unreasonable for Boris to rely on advice given in a social setting from someone who is not a specialist in cryptocurrency investment advice.