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.
|