The defendant owed the claimant a duty of care

The defendant breached that duty of care

A reasonably foreseeable damage was caused by the breach of duty

All of the above

The defendant has failed to take reasonable care (i.e. has been careless)

There is causation (a causal link between the failure to take reasonable care and the injury suffered)

Both of the above are necessary for a breach in the duty of care

A High Court judge so orders

Illegality, consent, contributory negligence, necessity

Illegality, consent, contributory negligence, duty of care

Illegality, contributory negligence, duty of care, necessity

All of the above

It places strict liability (proof of fault not required) on any defendants.

The claimant must show beyond reasonable doubt that the defective product wholly or partly caused the damage suffered.

A claim must be for an amount greater than £275 – which does not include the damage to the product itself. 

  Any action against the defendant must be taken within three years of the defect.

An employee acting negligently in a duty which they were authorised to do with care

An employee acting in a wrongful way that was not authorised by the employer

All torts committed by employees in their main place of work

All of the above

The supplier will carry out the service with reasonable care and skill.

If no time is fixed, the work will be carried out within a reasonable time.

If no price is fixed, the price charged will be reasonable.

All of the above

The consumer has a 7-day cooling-off period during which he can change his mind and cancel the contract with the trader

The consumer has a 14-day cooling-off period during which he can change his mind and cancel the contract with the trader

The consumer has a 28-day cooling-off period during which he can change his mind and cancel the contract with the trader

The Courts will decide the reasonable cooling-off period based on the individual merits of each case

customised goods that are built-to-order

goods which by nature will perish or damage rapidly

contracts of service where the service has not yet been performed

     sealed software or sealed audio-visual products which have been unsealed

The contra proferentem rule states that where there is doubt about the meaning of the contract, the words will be construed against the person who put them forward.

The contra proferentem rule states that where there is doubt about the meaning of the contract, the words will be construed for the person who put them forward.

The contra proferentem rule states that where there is doubt about the meaning of the contract, the court will interpret the meaning of the words that are in dispute.

The contra proferentem rule states that where there is doubt about the meaning of the contract, the parties are able to terminate the contract and walk away without loss.

Under the Limitation Act 1980, an action under a simple contract must be made within six years form the date when the right to the action arose.

There is no statutory provision for time limits to claim under the equitable remedies – however, being equitable, they must be sought within a reasonable time.

Both statements are correct

Both statements are incorrect

offer and acceptance (agreement)

consideration (what each party does in return for the other party)

intention to create binding relations

uncertainty of terms

is one where a party promises to perform some action in return for a specific act, although the other party is not promising to take any action

  exists where one of the parties offers to do something in return for an action by the other party – they exchange promises

  is not recognised as valid by English law

is one where the terms are uncertain

an invitation to treat

a unilateral contract

  a bilateral contract

an offer

In commercial agreements, the presumption is that legal relations exist, unless the parties expressly state an agreement to the contrary

Social agreements, such as between husband and wife, are presumed not to intend to create legal relations

Legal obligations are always presumed to exist in all commercial and social agreements

The parties must intend for their agreement to establish legal relations in order to create an enforceable contract

An invitation to treat is a step in the negotiations which leads up to the making of an offer – it can be considered as a pre-contract negotiation

A promise of a gift made by parents to their child can be enforced in a court of law

The offeror can revoke the offer at any time until acceptance takes place, but this must be communicated to, and received by, the offeree

  Silence does not constitute valid acceptance

Sources of English law include, but are not limited to, Acts of Parliament (statute law) and Common Law.

Law may be administered through courts and also tribunals.

Sources of English law are limited to Acts of Parliament (statute law) and Common Law.

The law provides remedies for wrongs and, where necessary, sanctions for transgressions.

Public law is primarily concerned with the State and its interaction with individuals (constitutional law, human rights, criminal law).

Private law generally refers to situations involving disputes between private parties (contracts, property, torts etc.).

Business Law mainly deals with private law (civil) issues – although there may be some criminal elements involved in company law such as bribery, insider dealing and fraudulent trading.

All of the above

Cases heard in civil courts are determined on the balance of probabilities.

Cases heard in criminal courts are based on proving the defendant was guilty beyond reasonable doubt, not a mere balance of probability.

Judges are free to use their expertise in deciding the cases before them based on any legal criteria they personally see fit.

In both civil and criminal cases, judges must act within the constrains of statute law and the common law.

The right to an effective remedy.

The right to family life.

The right to a fair trial.

Freedom from discrimination.

Free movement of goods, capital and people, and freedom from border tariffs.

Free movement of goods, capital, services and people.

  Free movement of goods, services and people and freedom from border tariffs.

Free movement of goods and people, plus freedom from tariffs and double taxation on goods.

   The reason for the decision made by the court.

Things a judge says by the way of judgement and is not legally binding.

Another word for the system of precedent established by the Common Law.

None of the above.

    Parliament’s main role is to legislate (make laws)

Acts of Parliament are supreme (above the common law and equity) because Parliament is the supreme law-making body.

If in conflict with the common law, an equitable principle or any other rule, the Act of Parliament always overrides the conflicting law.

Laws made by Executive bodies, under the authority of Parliament, are known as primary legislation.

   Supreme Court, High Court (Queens Bench, Chancery and Family Divisions), Court of Appeal (Civil Division), County Court

Supreme Court, Court of Appeal (Civil Division), High Court (Queens Bench, Chancery and Family Divisions), County Court, Magistrates’ Court

Supreme Court, Court of Appeal (Civil Division), High Court (Queens Bench, Chancery and Family Divisions), County Court

    Supreme Court, High Court (Queens Bench, Chancery and Family Divisions), County Court, Magistrates’ Court

Civil cases are assigned to a 'track' depending upon the views of the judge, the value of the claim, and the time assessed for disposal of the case.

Courts expect the parties to have considered the use of ADR (alternative dispute resolution) rather than simply having decided to take their dispute to court.

ADR focuses on an adversarial approach to resolve disputes.

Advantages of tribunals over the traditional court structure include the speed at which cases are resolved, reduction in costs, and reduction in the workload of the courts.

Injunctions, specific performance, rectification and rescission are based on EU Law

Injunctions, specific performance, rectification and rescission are statutory remedies.

Injunctions, specific performance, rectification and rescission are common law remedies.

·      

Injunctions, specific performance, rectification and rescission are equitable remedies.

Fraudulent

Negligent

Voidable

Innocent

Unilateral

Bilateral

Common

Mutual

Courts

Statue Law

Courts, statute law and trade custom

Courts and trade custom

A condition is a vital/fundamental term that goes to the root of the contract

A warrantee is a minor or incidental term that is secondary to the main aim of the contract

An innominate term is a term which the parties are not likely to have intended to be either a condition or a warranty when the contract was formed; it is a term that may be broken in a serious or trivial way, so the remedy should depend on the severity of the breach

All of the above

A contract of partnership with a minor is valid

A contract of partnership with a minor is voidable

A contract of partnership with a minor is void

A contract of partnership with a minor illegal

Claiming damages only

Terminating the contract and claiming damages

Decided by judges based on their preference

None of the above