LNAT Knowledge 5 — Questions and Answers
Question 1: What is 'promissory estoppel' in contract law?
- A requirement that all contracts be in writing
- A doctrine preventing a party from going back on a promise another has relied upon (Correct answer)
- The cancellation of a contract due to mistake
- A clause limiting liability
Correct answer: A doctrine preventing a party from going back on a promise another has relied upon
Promissory estoppel prevents a promisor from reneging on a promise when the promisee has reasonably relied on it to their detriment, even without consideration.
Question 2: Under international humanitarian law, which principle prohibits targeting civilians during armed conflict?
- Principle of proportionality
- Principle of distinction (Correct answer)
- Principle of military necessity
- Principle of non-refoulement
Correct answer: Principle of distinction
The principle of distinction requires warring parties to distinguish between combatants and civilians, and to direct attacks only against combatants.
Question 3: In equity, what remedy involves a court ordering a party to perform their contractual obligations?
- Damages
- Specific performance (Correct answer)
- Injunction
- Rescission
Correct answer: Specific performance
Specific performance is an equitable remedy compelling a party to carry out their contractual obligations, typically granted when monetary damages are inadequate.
Question 4: What does 'vicarious liability' mean in tort law?
- Personal liability for one's own negligent acts
- Liability imposed on one party for the wrongful acts of another, such as employer for employee (Correct answer)
- Shared liability between multiple defendants
- Liability without fault
Correct answer: Liability imposed on one party for the wrongful acts of another, such as employer for employee
Vicarious liability holds one party (typically an employer) legally responsible for the torts committed by another (typically an employee) acting within the scope of employment.
Question 5: Which constitutional amendment abolished slavery in the United States?
- Thirteenth Amendment (Correct answer)
- Fourteenth Amendment
- Fifteenth Amendment
- Nineteenth Amendment
Correct answer: Thirteenth Amendment
The Thirteenth Amendment (1865) abolished slavery and involuntary servitude, except as punishment for a crime, throughout the United States.
Question 6: What is the 'rule of law'?
- The principle that elected officials can override court decisions
- The principle that all persons and institutions are subject to and accountable to law (Correct answer)
- The authority of the executive to declare emergencies
- The supremacy of international law over domestic law
Correct answer: The principle that all persons and institutions are subject to and accountable to law
The rule of law holds that no individual, including government officials, is above the law, and that laws must be publicly promulgated, equally enforced, and independently adjudicated.
Question 7: In criminal procedure, what does 'double jeopardy' protect against?
- Being tried in two different states for the same act
- Being tried twice for the same offence after acquittal or conviction (Correct answer)
- Being subject to both civil and criminal liability for the same act
- Being detained without trial
Correct answer: Being tried twice for the same offence after acquittal or conviction
The Double Jeopardy Clause of the Fifth Amendment prohibits the government from prosecuting a person twice for the same criminal offence after an acquittal or conviction.
LNAT Knowledge 5
What is 'promissory estoppel' in contract law?