Formation of a Contract | AQA A-Level Law (7162)
Formation of a Contract
- 100 questions
- 7 subtopics
- Paper 3: the law of contract, one of two options
- Paper 3
Offer and acceptance, consideration and privity, and intention to create legal relations — the four requirements of a binding agreement..
It covers offer, Invitation to Treat and Acceptance, consideration, Privity and Legal Relations, the Requirements of Offer and Acceptance, the Postal Rule and Termination of Offers, the Rules of Consideration, promissory Estoppel and Privity of Contract and intention to Create Legal Relations.
Sample questions from Formation of a Contract
Answer each one closed book first, then open the answer.
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Offer, Invitation to Treat and Acceptance
Why must acceptance mirror the offer exactly?
Show the answer
Because a response that varies the terms constitutes a counter-offer, which destroys the original offer and cannot later be accepted. -
Offer, Invitation to Treat and Acceptance
In what circumstances can death terminate an offer?
Show the answer
Death of either party can terminate an offer in certain circumstances, such as where personal performance is required or the offeree learns of the offeror's death before acceptance. -
Consideration, Privity and Legal Relations
What is meant by privity of contract?
Show the answer
Privity of contract means only the parties to a contract can acquire rights or be subject to obligations under it. -
Consideration, Privity and Legal Relations
What is intention to create legal relations?
Show the answer
It is the requirement that the parties intend their agreement to be legally binding. -
The Requirements of Offer and Acceptance
Can a person accept an offer they did not know existed?
Show the answer
No, an offer must be communicated to the offeree before it can be accepted. -
The Requirements of Offer and Acceptance
How does a request for information differ from a counter-offer?
Show the answer
A request for information does not constitute a counter-offer and keeps the original offer open, whereas a counter-offer destroys the original offer. -
The Postal Rule and Termination of Offers
When is acceptance effective for instantaneous methods of communication such as telephone or email?
Show the answer
Acceptance is effective when received by the offeror. -
The Postal Rule and Termination of Offers
Can an offeree accept an offer several months after it was made if no deadline was set?
Show the answer
Not necessarily; the offer may have lapsed after a reasonable time, depending on the circumstances.
The 7 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| Offer, Invitation to Treat and Acceptance | Recall questions on what an offer is, what separates it from an invitation to treat, examples of each, and the meaning of acceptance. | 14 |
| Consideration, Privity and Legal Relations | Recall questions on existing duties and part payment as consideration, privity and the Contracts (Rights of Third Parties) Act 1999, and the presumptions about intention to create legal relations in domestic and commercial agreements. | 8 |
| The Requirements of Offer and Acceptance | Recall questions on the two characteristics an offer must have, what acceptance means, what unqualified requires and how an invitation to treat differs. | 20 |
| The Postal Rule and Termination of Offers | Recall questions on when the postal rule forms a contract and when it does not apply, acceptance by telephone or email, offers with no time limit, and the effect of death on an offer. | 9 |
| The Rules of Consideration | Recall questions on what consideration is, why it must move from the promisee, the sufficiency and adequacy distinction and the rule on past consideration. | 17 |
| Promissory Estoppel and Privity of Contract | Recall questions on promissory estoppel as a shield not a sword and its requirements, privity at common law, when the Contracts (Rights of Third Parties) Act 1999 lets a third party enforce a term, and limits on varying the contract. | 15 |
| Intention to Create Legal Relations | Recall questions on why intention is essential, the presumptions for commercial and domestic agreements and the evidence that rebuts each. | 17 |
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.
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Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
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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.
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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.
Nearby topics
AQA A-Level Law Active Recall Guide
Every topic, not just this one. 2,352 questions with their answers.