Summary AQA A-level Law (7162) - Contract Law
This is a revision summary of the AQA A-Level Law (7162) Contract Law module. It provides relevant legislation, case law and facts in a concise format for students to use when revising.
Contract law overview
Topics:
- Internal guidance for scenario questions
- Formation/Essential contract requirements
- General terms
- CRA 2015 implied terms
- Exclusion clauses
- Vitiating factors
- Discharge of contract
- Remedies
Internal guidance for scenario questions
,If contract/performance ends:
Breach
Frustration
Agreement
Performance
If there is a problem with the contract/performance:
1 Is there an applicable term to breach?
Terms: representations or conditions, warranties, innominate terms
CRA 2015: supply/sale of goods
CRA 2015: supply of services
2 Is there an appropriate remedy for the breached term?
Terms: representations or conditions, warranties, innominate terms
CRA 2015: supply/sale of goods
CRA 2015: supply of services
3 Are there any applicable exclusion clauses excluding/limiting liability?
Exclusion clauses - common law
Exclusion clauses - statute law B2B - UCTA
Exclusion clauses - statute law C2B - CRA
If there is not a contract and you need to look at if there is one:
Offer
Acceptance
Consideration
Intention to create legal relations
If there is a problem during contract negotiations:
Economic duress (vitiating factors)
Misrepresentation (vitiating factors)
When looking at who can claim:
Privity of contract
Types of remedies:
Damages
Rescission
Termination/Repudiation
, Specific performance
Things that can reduce remedies:
Partial performance
Mitigation of loss failure
If the claimant chooses not to pursue the remedy.
Formation/Essential contract requirements
For a contract to exist and be legally enforceable, the following four things must
be satisfied:
1. Offer
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