Monday 9 December 2024
Your weekly SQE Prep Quiz has arrived
Dear Subscriber,
I hope you had a great weekend. Please see below for the question, the answer to the previous question and associated resources. This is the web version of this newsletter.
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Question: Santa Claus contracts with The Grinch to deliver Christmas presents to Whoville. The contract specifies that The Grinch will use his sleigh to deliver all the presents by midnight on Christmas Eve for a fee of £10,000. Santa agrees to provide the gifts and ensure they are loaded onto the sleigh in advance. However, on Christmas Eve, The Grinch changes his mind and refuses to deliver the presents unless Santa pays an additional £5,000. Fearing disappointment in Whoville, Santa agrees to pay the additional amount. The Grinch completes the delivery, but after Christmas, Santa seeks legal advice to recover the extra £5,000.
Which of the following legal principles will most likely determine whether Santa can recover the £5,000 from The Grinch?
1. The principle of economic duress; Santa must prove that The Grinch exerted illegitimate pressure that left Santa with no practical alternative but to agree to the additional payment.
2. The principle of promissory estoppel; The Grinch can argue that Santa promised to pay the additional £5,000, which he relied on to complete the deliveries.
3. The principle of consideration; Santa must show that no fresh consideration was provided by The Grinch to justify the additional payment.
4. The principle of misrepresentation; Santa must prove that The Grinch made false statements to induce him to agree to the additional payment.
5. The principle of frustration; The Grinch can argue that unforeseen circumstances required a renegotiation of the contract.
Bonus Video: See me (as Santa) in the video version of this MCQ here.
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Answer and feedback to last week’s question: Rachel is a law student studying the structure of the English legal system. She is particularly interested in understanding how cases progress through the court hierarchy and the role of precedent in shaping decisions. Her professor asks her to explain how a decision made by the Court of Appeal (Civil Division) would affect future cases and under what circumstances the Court of Appeal is bound by its own previous decisions. Which of the following best explains the role of the Court of Appeal (Civil Division) in the English legal system and its relationship with precedent?
- The Court of Appeal (Civil Division) is not bound by its own previous decisions and may freely overrule them whenever it disagrees with earlier judgments.
- The Court of Appeal (Civil Division) is bound by its own previous decisions unless there is a conflict between two prior decisions or the decision has been overturned by the Supreme Court.
- The Court of Appeal (Civil Division) is only bound by decisions of the High Court and the Supreme Court but has complete discretion to overrule its own judgments.
- The Court of Appeal (Civil Division) is bound by its own previous decisions, but it can overrule them when it disagrees with the reasoning of the earlier court.
- The Court of Appeal (Civil Division) is not bound by precedent and can decide each case solely on the basis of fairness and justice.
Correct Answer: 2. The Court of Appeal (Civil Division) is bound by its own previous decisions unless there is a conflict between two prior decisions or the decision has been overturned by the Supreme Court. Feedback: The Court of Appeal (Civil Division) plays a crucial role in the English legal system as an appellate court. It is generally bound by its own previous decisions, following the principle of stare decisis, which ensures consistency and predictability in the law. However, there are limited exceptions where the Court of Appeal can depart from its previous decisions: Conflicting decisions: If there are conflicting decisions by the Court of Appeal, it can choose which to follow. Supreme Court decision: If a previous decision has been overturned by the Supreme Court, the Court of Appeal must follow the Supreme Court’s ruling. Per incuriam: If the earlier decision was made in ignorance of a relevant legal principle or statute, the Court of Appeal may disregard it.
Option 1 is incorrect because the Court of Appeal is bound by its own decisions except in the limited exceptions outlined above. Option 3 is incorrect because the Court of Appeal is not only bound by the Supreme Court but also by its own previous decisions, subject to exceptions. Option 4 is incorrect because the Court of Appeal cannot overrule its own decisions simply because it disagrees with the reasoning; it must rely on one of the recognized exceptions. Option 5 is incorrect because the English legal system operates under the principle of precedent, and courts do not make decisions solely on subjective notions of fairness and justice. Therefore, the correct answer is that the Court of Appeal (Civil Division) is bound by its own previous decisions, with limited exceptions such as conflicts between prior rulings or where the Supreme Court has overturned the earlier decision.
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All the best
Dr Ioannis Glinavos
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