CHAR_A01.PDF, page 1-18 @ Normalize ( CHAR_A01.QXD )

Contents ix

• 1 Principles of the law of contract Table of Statutes xix
  
  
  • Why do we need a law of contract?
  
  
  • Are all promises enforced by law?
  
  
  • The form of a contract
  
  
  • The basis of contract law
  
  
  
  


• Part 1: The formation of a contract


• 2 Offer and acceptance
  
  
  • Offer
  
  
  • Offers and ‘non-offers’
  
  
  • Termination of an offer
  
  
  • Acceptance
  
  
  • Certainty in a contract
  
  
  • Auction sales
  
  
  • Tenders
  
  
  • Contracts for the sale of land
  
  
  • Some non-standard situations
  
  
  • Distance trading
  
  
  • Electronic trading
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• 3 Consideration
  
  
  • Executed and executory consideration
  
  
  • Consideration must be sufficient but need not be adequate
  
  
  • Consideration must not be vague
  
  
  • Consideration must move from the promisee
  
  
  • Past consideration
  
  
  • Forebearance to sue
  
  
  • Performance of an existing duty
  
  
  • Part-payment of a debt
  
  
  • The current state of the doctrine
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• 4 Legal intent
  
  
  • Social and domestic arrangements
  
  
  • Commercial agreements
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• 5 Capacity
  
  
  • Corporations
  
  
  • Mental disability and intoxication
  
  
  • Diplomats and sovereigns
  
  
  • Minors
  
  
  • General concerns
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• Part 2: The contents of a contract


• 6 Incorporation of terms
  
  
  • Terms and representations
  
  
  • Incorporating terms into oral contracts
  
  
  • Written contracts
  
  
  • Implied terms
  
  
  • Collateral contracts
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• 7 Types of terms within a contract
  
  
  • Conditions and warranties
  
  
  • The effect of a breach
  
  
  • Condition or warranty?
  
  
  • Terms specified by the parties
  
  
  • Reference to statute
  
  
  • Consideration of the terms by the courts
  
  
  • ‘Course of dealing’
  
  
  • Innominate terms – the Hong Kong Firapproach
  
  
  • The debate continues
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• 8 Exemption clauses
  
  
  • Incorporation
  
  
  • Construction
  
  
  • Legislation
  
  
  • The Unfair Contract Terms Act
  
  
  • The Unfair Terms in Consumer Contract Regulations
  
  
  • The current position
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• 9 Privity of contract
  
  
  • The rule of privity
  
  
  • Established exceptions to the doctrine of privity of contract
  
  
  • Attempts to avoid privity of contract
  
  
  • The Contracts (Rights of Third Parties) Act
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• Part 3: Vitiating factors


• 10 Duress and undue influence
  
  
  • Duress
  
  
  • Undue influence
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• 11 Misrepresentation
  
  
  • Representations and terms
  
  
  • Definition
  
  
  • Silence and misrepresentation
  
  
  • Misrepresentation passed on via a third party
  
  
  • Inducement
  
  
  • Remedies
  
  
  • Fraudulent misrepresentation
  
  
  • Non-fraudulent misrepresentation
  
  
  • The Misrepresentation Act
  
  
  • Indemnity
  
  
  • Rescission
  
  
  • Bars to rescission
  
  
  • Comparison with remedies for breach of contract
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• 12 Mistake
  
  
  • Common mistake
  
  
  • Where the subject matter is non-existent
  
  
  • Mistake over title
  
  
  • Mistake over quality of subject matter
  
  
  • Mutual mistake
  
  
  • Unilateral mistake
  
  
  • Mistake relating to documents
  
  
  • The doctrine of mistake in general
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• 13 Illegality
  
  
  • The nature of illegality
  
  
  • Restraint of trade
  
  
  • The effect of European law
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• Part 4: Discharge and remedies


• 14 Discharge of a contract
  
  
  • Performance
  
  
  • Agreement
  
  
  • Breach
  
  
  • Frustration
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• 15 Remedies
  
  
  • Damages
  
  
  • Basis of assessment
  
  
  • Mental distress and non-pecuniary loss
  
  
  • Remoteness of damage
  
  
  • Mitigation
  
  
  • Other remedies
  
  
  • Stop now orders
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• Part 5: Consumer protection


• 16 Consumer protection
  
  
  • The contract
  
  
  • The consumer
    
    
    • Supply of Goods Act The Sale of Goods Act 1979 as amended by the Sale and
    
    
    
    
  
  
  • The Supply of Goods and Services Act
  
  
  • The Consumer Protection Act
  
  
  • The Unfair Contract Terms Act
  
  
  • The Unfair Terms in Consumer Contract Regulations
  
  
  • Consumer protection other than through the law of contract
  
  
  • The current state of consumer protection
  
  
  • Summary
  
  
  • Questions
  
  
  
  


• Part 6: General questions on contract law


• 17 Additional questions


• Part 7: Studying contract law


• 18 Contract law in context
  
  
  • Fairness in contract law
  
  
  • Law and morals
  
  
  • Policy issues
  
  
  • Contextual skills in examination
  
  
  • Module 6: concepts of law, for AQA
  
  
  
  


• 19 Sources of contract law
  
  
  • Case law
  
  
  • Statute law
  
  
  • European law
  
  
  • OCR Special study: synoptic assessment based on legal sources
  
  
  • A strategy for using the material
  
  
  
  


• 20 Key skills
  
  
  • Key skills to be assessed
  
  
  • Answers guide
  
  
  • Legal terms and expressions
  
  
  • Legal resources
  
  
  • Index