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WalesLegal Studies

The Law of Contract

6 dot points across 6 inquiry questions. Click any dot point for a focused answer with worked past exam questions where available.

What remedies are available for breach of contract, and how are damages assessed?

Remedies for breach of contract: damages and their assessment (the expectation measure, causation, remoteness and mitigation), and the equitable remedies of specific performance, injunction, rescission and rectification.
Remedies for breach of contract for WJEC A-Level Law (Units 3 and 4). Covers damages and the expectation measure, causation, remoteness (Hadley v Baxendale) and mitigation, and the equitable remedies of specific performance, injunction, rescission and rectification, with cases.
13 min answer →

How are the terms of a contract identified and classified, and what is the difference between terms and representations?

Contract terms: the distinction between terms and representations, express and implied terms (including terms implied by statute), and the classification of terms as conditions, warranties and innominate terms.
Contract terms for WJEC A-Level Law (Units 3 and 4). Covers the distinction between terms and representations, express and implied terms (including terms implied by the Consumer Rights Act 2015 and Sale of Goods Act), and the classification of terms as conditions, warranties and innominate terms, with cases.
13 min answer →

How is a contract brought to an end through performance, breach, frustration or agreement?

Discharge of contract: discharge by performance (and the rules on part performance), by breach (including anticipatory breach), by frustration, and by agreement.
Discharge of contract for WJEC A-Level Law (Units 3 and 4). Covers discharge by performance and the exceptions to the entire obligations rule, discharge by breach including anticipatory breach, discharge by frustration and its effects, and discharge by agreement, with cases.
13 min answer →

How does the law control clauses that try to exclude or limit liability in a contract?

Exclusion clauses: incorporation into the contract, construction against the party relying on the clause, and statutory control under the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015.
Exclusion clauses for WJEC A-Level Law (Units 3 and 4). Covers incorporation of an exclusion clause by signature, notice or course of dealing, construction against the party relying on it, and statutory control under the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015, with cases.
13 min answer →

What are the essential requirements for the formation of a valid contract?

Formation of contract: offer and acceptance (including the postal rule and revocation), consideration, and the intention to create legal relations.
Formation of contract for WJEC A-Level Law (Units 3 and 4). Covers offer and invitation to treat, acceptance and the postal rule, revocation, consideration and its rules, and the intention to create legal relations, with leading cases.
14 min answer →

How does a misrepresentation affect a contract, and what remedies follow from each type?

Vitiating factors: misrepresentation as a false statement of fact inducing the contract, the three types (fraudulent, negligent and innocent), and the remedies of rescission and damages.
Misrepresentation for WJEC A-Level Law (Units 3 and 4). Covers misrepresentation as a false statement of fact that induces a contract, the requirements, the three types (fraudulent, negligent and innocent), and the remedies of rescission and damages under the Misrepresentation Act 1967, with cases.
13 min answer →