Contract Terms | AQA A-Level Law (7162)

Contract Terms

85 questions
6 subtopics
Paper 3: the law of contract, one of two options
Paper 3

Express and implied terms, conditions and warranties and the remedies each attracts, the Consumer Rights Act 2015, and exclusion clauses..

It covers express and Implied Terms, conditions, Warranties and Their Remedies, the Consumer Rights Act: Goods, exclusion and Limitation Clauses, the Consumer Rights Act: Quality and Fitness and the Consumer Rights Act: Services.

Sample questions from Contract Terms

Answer each one closed book first, then open the answer.

Express and Implied Terms

Name the three sources from which implied terms may be incorporated into a contract.

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Statute, custom, and the courts.
Express and Implied Terms

What is the business efficacy test for implying terms?

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Courts may imply terms where the term is necessary to make the contract work as the parties must have intended.
Conditions, Warranties and Their Remedies

Can an innocent party terminate a contract for breach of warranty?

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No, breach of a warranty entitles the innocent party to claim damages only, with no right to terminate.
Conditions, Warranties and Their Remedies

Which case established the innominate term approach?

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Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (1962).
The Consumer Rights Act: Goods

Under which section of the Consumer Rights Act 2015 can a consumer exercise a short-term right to reject goods?

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Section 20 of the Consumer Rights Act 2015.
The Consumer Rights Act: Goods

Why might a consumer have different remedial options depending on whether they purchased goods or services under the Consumer Rights Act 2015?

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Because the Act provides separate and distinct remedies for breach of implied terms in goods contracts compared to services contracts.
Exclusion and Limitation Clauses

How does the nature of an exclusion clause affect the degree of notice required for incorporation?

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The more onerous or unusual the exclusion clause, the greater the degree of notice required to incorporate it.
Exclusion and Limitation Clauses

What does the reasonableness test under UCTA 1977 require a court to consider?

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Whether the term was fair and reasonable having regard to the circumstances which were, or ought reasonably to have been, known to or contemplated by the parties at the time of contracting.

The 6 subtopics

One subtopic is one session. Work down the list.

Subtopic	What it covers	Questions
Express and Implied Terms	Recall questions on what express terms are and how they are communicated, and on the three sources of implied terms.	10
Conditions, Warranties and Their Remedies	Recall questions on the definition of a condition and of a warranty and on what remedy follows the breach of each.	14
The Consumer Rights Act: Goods	Recall questions on the quality, fitness and description terms implied by sections 9 to 11 and the remedy under section 20.	12
Exclusion and Limitation Clauses	Recall questions on what each clause does, how they differ, the first common law requirement and the effect of signing without reading.	17
The Consumer Rights Act: Quality and Fitness	Recall questions on the purpose of the Act and on the sections implying satisfactory quality and fitness for purpose.	16
The Consumer Rights Act: Services	Recall questions on the terms the Consumer Rights Act 2015 implies into service contracts under sections 49 and 52, the remedies of repeat performance and price reduction, and why services carry no right to reject.	16

Contract Terms is 85 of the 2,352 questions in the guide.Get the guide, £7

How the guide is worked

Answering a question from memory stores it far better than reading the answer again. The guide runs that as a fixed procedure on one subtopic at a time, about twenty minutes a session.

Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
Step 2 · Open book
Go back to the top. Read each printed answer and write it out in full, including the ones you had right.
Step 3 · Closed book again
Same questions, same order, from memory. The gap between pass one and pass three is the session result.

Read the full method, the return schedule and the research behind it.