The questions which you may be asked
Read the question paper carefully (as you would, of course, in any
examination – but here the timing and structure may be less familiar). Note
the marks (out of the total) awarded for each question – this will help you
plan out your time. You will need a little time to read the questions carefully,
and then you should divide the time left to give a fair proportion to each
question. Remember that although you do need to write fully on each part,
you should definitely notbe writing as much as in a full essay on the main
Contract paper, where you would have 40 to 45 minutes per question. You
may need to be quite brief, but to the point, in some questions worth fewer
marks. This is particularly true of the problem/scenario type questions.
You are likely to be asked something on the ‘rules’ of consideration – so
make sure that you know these, which cases they stem from and which of
the source materials refer to them. Since the main theme is consideration,
you are likely to need to examine how rules have changed through cases,
for example:
- In Roscorla v Thomas the principle of past consideration was applied to
find that there was no binding contract, whereas in Re Casey’s Patents
the ‘rule’ was modified to allow Casey to receive his share. - In Stylk v Myrickan existing duty was not seen as valid consideration, in
Hartley v Ponsonbythe court modified the rule where a party could be seen
to have exceeded their existing duty, and in Williams v Roffeysome practical
benefit or the avoidance of a disadvantage was seen as consideration.
If you can form links in this way between precedent and consideration you
will really improve your chances of high marks in this examination.
Remember that this unit is synoptic, which means that it is not simply
testing your knowledge of consideration, but your understanding of the way
in which the cases and rules fit together, and how the system of precedent
has enabled this development to take place. You can use any cases that you
know from your study of contract law to answer questions.
A reminder
Do re-read, and learn, the material in Chapter 3 of this book on
consideration and the section in your notes, or in the companion bookAS
Law, on precedent. Also look out for any cases that arise in this area before
you take the examination, and any articles in the newspapers and journals.
Be confident in your basic knowledge – be familiar with the case law
and the synoptic material and develop your own analysis and ideas on these
areas. Most of all – good luck!
282 Contract law