A Level Law Option A: Contract law

This option unit will count towards the A level qualification and involves studying the following areas of the Law.

Content

Additional information

The rules of contract law

Rules and principles of contract law concerning formation, terms, vitiating factors, discharge of a contract and associated remedies.

Theory of contract law

Analysis and evaluation of the voluntary nature of a contract and of principles governing contract law, with particular reference to the issues specified below:

  • outline of the theory of freedom of contract and the competing need to protect the consumer
  • outline of the distinction between offers, offers in unilateral contract and invitation to treat; outline of acceptances including the rationale for the postal rule and its relationship to electronic communications
  • outline of the rationale for consideration, and of the relationships between consideration and privity, and between consideration and economic duress
  • outline of the nature and effectiveness of exemption clauses
  • outline of the nature and effectiveness of remedies including specifically consumer remedies.

Essential requirements of contract

  • Offer and acceptance.
  • Consideration (including privity of contract).
  • Intention to create legal relations.

Contract terms: general

  • Express and implied terms.
  • Conditions, warranties and innominate terms.

Contract terms: specific terms implied by statute law in relation to consumer contracts

Consumer Rights Act 2015

  • Terms implied into a contract to supply goods:
    • s9 (satisfactory quality)
    • s10 (fitness for particular purpose)
    • s11 (description).
  • Remedies for the breach of a term implied into a contract to supply goods:
    • s20 (short term right to reject)
    • s23 (right to repair or a replacement)
    • s24 (right to a price reduction or a final right to reject).
  • Terms implied into a contract to supply services:
    • s49 (reasonable care and skill)
    • s52 (performance within a reasonable time).
  • Remedies for the breach of a term implied into a contract to supply services:
    • s55 (right to repeat performance)
    • s56 (right to a price reduction).

Contract terms: exclusion clauses

  • Basic understanding of the nature of exclusion and limitation clauses.
  • Common law control of exclusion clauses: rules relating to incorporation; brief understanding of the rules relating to construction.
  • Statutory control of exclusion clauses: Unfair Contract Terms Act 1977 (s2 and s3); Consumer Rights Act 2015 (s31, s57 and s65).

Vitiating factors

  • Misrepresentation (nature, types and remedies).
  • Economic duress (definition and remedies).

Discharge of a contract

  • Performance.
  • Breach (actual and anticipatory breach).
  • Frustration.

Remedies

  • Compensatory damages (including categories of recoverable loss, causation, remoteness and mitigation).
  • Equitable remedies of specific performance and rescission.
  • Termination of contract for breach.

 

© AQA 2017

Units and Topics

The following units are part of the AQA A Level Law 7162 from 2017 course

A Level Law: The nature of law and the English legal system.

A Level Law: Criminal law

A Level Law: Tort

A Level Law Option B: Human rights

A Level Law Option A: Contract law