Law of Contract overview: the WJEC A2 substantive option on formation, terms, breach and remedies

This overview maps the Law of Contract option for WJEC A-Level Law, one of the three A2 substantive options examined in Unit 3 (scenario application) and Unit 4 (synoptic essay). It covers how a contract is made, what its terms mean, how clauses limiting liability are controlled, how a contract can be challenged or ended, and what remedies follow a breach. The dot-point pages below give exam-focused answers with cases, statutes and worked questions.

What the Law of Contract option covers

The option follows the life of a contract from formation to remedy:

• Formation: offer and acceptance, consideration, and the intention to create legal relations.
• Terms: terms and representations, express and implied terms, and conditions, warranties and innominate terms.
• Exclusion clauses: incorporation, construction, and statutory control under UCTA 1977 and the Consumer Rights Act 2015.
• Misrepresentation: a false statement of fact inducing the contract, its three types, and the remedies.
• Discharge: by performance, breach (including anticipatory breach), frustration, and agreement.
• Remedies: damages and their assessment, and the equitable remedies.

Formation and terms

A contract begins with agreement (offer and acceptance), supported by consideration and an intention to create legal relations. Once formed, its content is found in its terms, which may be express or implied (including by the Consumer Rights Act 2015), and which are classified as conditions, warranties or innominate terms, determining the remedy for breach. Distinguishing a term from a mere representation matters, because a false representation leads to a misrepresentation claim rather than breach of contract.

Challenging, ending and remedying a contract

A contract may be undermined by a vitiating factor such as misrepresentation, which can make it voidable. It is discharged when it ends, by complete performance, by a serious breach, by frustration (an unforeseen event making performance impossible or radically different), or by agreement. When a party breaches, the innocent party seeks a remedy: usually damages on the expectation measure, limited by remoteness and mitigation, and occasionally an equitable remedy such as specific performance where damages are inadequate.

How to study the Law of Contract option

1. Structure every topic. Learn the rules as a sequence with a case for each.
2. Apply to the facts. Unit 3 scenarios reward working through formation, terms, vitiating factors, discharge and remedies in order.
3. Watch the statutes. UCTA 1977, the Consumer Rights Act 2015 and the Misrepresentation Act 1967 are central.
4. Build evaluation for Unit 4. Prepare arguments on contested doctrines such as consideration or frustration.
5. Memorise the key cases. Carlill, Hyde v Wrench, Hong Kong Fir, Derry v Peek, Taylor v Caldwell and Hadley v Baxendale anchor the option.

The topics, dot point by dot point

Each topic below has its own dot-point page with worked exam questions and cross-links, covering formation, terms, exclusion clauses, misrepresentation, discharge, and remedies.

For the official specification

WJEC publishes the full specification, past papers and mark schemes at wjec.co.uk. Always revise from the current specification and WJEC's own past papers, because the scenario and essay styles and mark schemes are board-specific.