AQA A-Level Law sample questions and answers (7162)
Guide overview All 37 topics Sample questions Papers and weighting Look inside Questions and answers
110 sample questions and answers
Taken from every topic of AQA A-Level Law, specification 7162. The full guide has 2,352.
Paper 1, Paper 2, Paper 3
The Nature of Law
243 questions in the guide, across 17 subtopics. More from this topic
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Distributive and Corrective Justice
How does corrective justice apply when someone breaches a contract?
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Corrective justice seeks to restore balance by requiring the wrongdoer to compensate the victim, rectifying the wrong caused by the breach. -
What Law Does in Society
What framework does law provide for dealing with disputes?
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Law provides a framework for resolving conflicts between individuals, organisations, and the state. -
Moral Diversity in a Pluralist Society
What central challenge does law face in a pluralist society regarding morality?
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Determining which moral values, if any, should be legally enforced when there is no moral consensus among citizens.
Paper 1, Paper 2, Paper 3
The European Union and English Law
50 questions in the guide, across 4 subtopics. More from this topic
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The Institutions of the European Union
How are members of the European Parliament selected?
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They are directly elected by EU citizens. -
The Institutions of the European Union
What is the Council of the European Union and who are its members?
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An institution composed of government ministers from each member state who meet to adopt laws and coordinate policies. -
Treaties, Regulations and Directives
Define a directive in EU law.
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An EU legislative act that sets out objectives member states must achieve but leaves the choice of form and methods of implementation to national authorities.
Paper 1, Paper 2, Paper 3
Legal Personnel and the Judiciary
82 questions in the guide, across 5 subtopics. More from this topic
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Barristers and Solicitors
What role do solicitors play in preparing for legal proceedings?
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Solicitors prepare legal documents such as contracts, wills, and court papers. -
Barristers and Solicitors
Which regulatory body oversees the professional conduct of barristers?
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The Bar Standards Board regulates barristers. -
The Role of Judges in Civil and Criminal Trials
What guidance do criminal court judges provide to juries?
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Judges direct the jury on points of law, explaining the relevant legal principles they must apply to the facts.
Paper 1, Paper 2, Paper 3
Access to Justice and Funding
39 questions in the guide, across 3 subtopics. More from this topic
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Advice Services and Private Funding
What type of legal support do trade unions typically provide to their members?
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Legal advice and representation, particularly for employment-related disputes, workplace injuries and contractual matters. -
Advice Services and Private Funding
What is a conditional fee agreement (CFA)?
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An arrangement where a solicitor agrees to take a case on the basis that no fee is payable if the case is lost. -
Advice Agencies and Conditional Fee Agreements
In what type of disputes do trade unions particularly offer legal advice and representation to their members?
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Trade unions offer legal advice and representation particularly in employment-related disputes.
Paper 1, Paper 2, Paper 3
Parliamentary Law Making
36 questions in the guide, across 3 subtopics. More from this topic
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Green Papers, White Papers and Royal Assent
What happens at the First Reading of a Public Bill?
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The First Reading is a formal introduction where the Bill's title is read out and no debate takes place. -
Green Papers, White Papers and Royal Assent
What is Royal Assent and what is its effect?
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Royal Assent is the formal approval given by the monarch to a Bill that has passed through both Houses of Parliament, at which point it becomes an Act of Parliament. -
Parliamentary Supremacy and Its Limits
Can courts question the validity of an Act of Parliament or declare it unconstitutional?
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No. Under parliamentary supremacy, no court can question the validity of an Act of Parliament or declare it unconstitutional.
Paper 1, Paper 2, Paper 3
Delegated Legislation
43 questions in the guide, across 3 subtopics. More from this topic
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Delegated Legislation and Orders in Council
Give three typical uses of Orders in Council.
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Transferring powers between government departments, bringing Acts into force, and making emergency legislation under the Civil Contingencies Act 2004. -
Delegated Legislation and Orders in Council
Give two examples of matters that local authority bylaws might regulate.
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Parking restrictions and alcohol-free zones. -
Parliamentary Control of Delegated Legislation
Through what process do courts exercise judicial control over delegated legislation?
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Judicial review.
Paper 1, Paper 2, Paper 3
Statutory Interpretation
67 questions in the guide, across 5 subtopics. More from this topic
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The Literal and Golden Rules
How does the literal rule respect parliamentary sovereignty?
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By applying the exact words Parliament used, judges defer to Parliament's expressed will rather than substituting their own interpretation. -
The Literal and Golden Rules
How does the golden rule avoid absurd outcomes?
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By allowing judges to depart from the literal meaning when it would produce an absurd, repugnant or inconsistent result. -
The Mischief Rule and the Purposive Approach
According to Heydon's Case, what is the first question judges should ask when applying the mischief rule?
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What was the common law before the Act?
Paper 1, Paper 2, Paper 3
Judicial Precedent
35 questions in the guide, across 3 subtopics. More from this topic
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Precedent and the Court Hierarchy
Which court is at the lowest level of the hierarchy for precedent purposes?
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The Magistrates' Court. -
Precedent and the Court Hierarchy
What are obiter dicta?
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Statements made 'by the way' in a judgment that are not essential to the decision; they are persuasive but not binding on future courts. -
Overruling, Distinguishing and Persuasive Precedent
What allows the Supreme Court to depart from its own previous decisions?
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The Practice Statement 1966, which allows it to do so when it appears right to do so.
Paper 1, Paper 2, Paper 3
Law Reform
42 questions in the guide, across 3 subtopics. More from this topic
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The Law Commission
Define codification as a function of the Law Commission.
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Codification involves bringing together all the law on a particular topic into a single, coherent statute. -
The Law Commission
What would occur if the Law Commission successfully codified an area of law?
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All the law on that topic, including case law and various statutes, would be brought together into one comprehensive statute, making the law clearer and more accessible. -
Codification and Consolidation
Define consolidation in the context of law reform.
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Consolidation involves bringing together all existing statutory provisions on a topic into one single statute without changing the substance of the law.
Paper 1, Paper 2, Paper 3
The Civil Courts and Dispute Resolution
39 questions in the guide, across 3 subtopics. More from this topic
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The Civil Courts and Their Jurisdiction
Which division of the High Court handles matters relating to trusts, land, and company law?
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The Chancery Division. -
The Civil Courts and Their Jurisdiction
What are two features of the small claims track procedure?
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Simplified procedures and limited costs recovery. -
Civil Appeals
Where do appeals from the High Court in civil matters go?
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To the Court of Appeal (Civil Division).
Paper 1, Paper 2, Paper 3
The Criminal Courts and Sentencing
45 questions in the guide, across 4 subtopics. More from this topic
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Offence Classification and Criminal Appeals
If magistrates accept jurisdiction for a triable either way offence, what option does the defendant retain?
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The defendant can still elect to have trial by jury in the Crown Court. -
Offence Classification and Criminal Appeals
Apart from upholding a conviction, what alternative decision can the Court of Appeal make regarding a conviction it finds unsafe?
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It can quash the conviction. -
The Magistrates' Court and Its Jurisdiction
What happens when an indictable offence comes before the Magistrates' Court?
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Magistrates conduct preliminary hearings for indictable offences before sending them to the Crown Court for trial.
Paper 1, Paper 2, Paper 3
Lay People: Magistrates and Juries
57 questions in the guide, across 4 subtopics. More from this topic
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Who the Magistrates Are
What is the maximum prison sentence magistrates can impose for a single summary offence?
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6 months' imprisonment. -
Who the Magistrates Are
Who formally appoints magistrates and on whose recommendation?
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The Lord Chief Justice appoints them, on the recommendation of local advisory committees. -
Jury Selection and Eligibility
How are jurors selected for jury service?
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They are selected randomly from the electoral register.
Paper 1
Criminal Law: Rules and Theory
32 questions in the guide, across 2 subtopics. More from this topic
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Actus Reus, Mens Rea and Coincidence
What must be proved to establish legal causation?
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That the defendant's act was an operating and substantial cause of the prohibited consequence -
Actus Reus, Mens Rea and Coincidence
How is negligence as a fault element assessed?
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Objectively — by determining whether the defendant fell below the standard of care expected of a reasonable person -
The Harm Principle and Autonomy
What does the principle of individual responsibility hold?
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People should only be held criminally liable for their own actions and choices, not for the conduct of others or for matters beyond their control.
Paper 1
General Elements of Liability
42 questions in the guide, across 3 subtopics. More from this topic
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The External Element of a Crime
When can a failure to act constitute the actus reus of a crime?
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When the law imposes a duty to act and the defendant fails to fulfil that duty (an omission). -
The External Element of a Crime
When does voluntary assumption of responsibility create a duty to act?
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When a person voluntarily undertakes to care for another who is unable to care for themselves, they assume a duty to continue that care. -
Voluntariness and Causation
Explain the 'but for' test in criminal law.
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Factual causation is established if, but for the defendant's conduct, the consequence would not have occurred.
Paper 1
Fatal Offences Against the Person
40 questions in the guide, across 4 subtopics. More from this topic
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The Elements of Murder
What does 'under the King's peace' mean in the definition of murder?
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The killing must not occur during the course of war against an enemy combatant; it excludes lawful acts of war. -
The Elements of Murder
Define 'malice aforethought' as an element of murder.
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The mental element of murder, meaning intention to kill or intention to cause grievous bodily harm. -
Loss of Control
Name the two qualifying triggers for loss of control.
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(1) Fear of serious violence from the victim, and (2) circumstances of an extremely grave character causing the defendant to have a justifiable sense of being seriously wronged.
Paper 1
Non-Fatal Offences Against the Person
41 questions in the guide, across 3 subtopics. More from this topic
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Assault and Battery
What is the legal definition of battery?
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The application of unlawful force to another person. -
Assault and Battery
What is the mens rea required for the offence of assault?
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Intention or subjective recklessness as to causing the victim to apprehend immediate unlawful force. -
Words, Silence and Actual Bodily Harm
What does actual bodily harm mean in law?
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Any hurt or injury calculated to interfere with the health or comfort of the victim.
Paper 1
Property Offences
50 questions in the guide, across 4 subtopics. More from this topic
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The Definition of Theft
What must be proved regarding intention to permanently deprive for the mens rea of theft?
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The defendant must intend that the owner will be permanently deprived of the property. -
The Definition of Theft
What constitutes 'property' for the purposes of theft?
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Money and all other property real or personal, including things in action and other intangible property. -
Property and Belonging to Another
How can a tenant commit theft in relation to land?
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By appropriating fixtures from the property they are renting.
Paper 1
Preliminary Offences
18 questions in the guide, across 1 subtopics. More from this topic
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Attempts
What is the role of the judge regarding the 'more than merely preparatory' test?
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The judge acts as a gatekeeper, determining whether there is sufficient evidence for the issue to go to the jury. -
Attempts
What principle did R v Gullefer establish regarding the actus reus of attempt?
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That the defendant must have embarked on the crime proper, not merely be in a stage of preparation.
Paper 1
Criminal Defences
74 questions in the guide, across 5 subtopics. More from this topic
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Insanity and the M'Naghten Rules
Under the M'Naghten Rules, what alternative cognitive failures can satisfy the test?
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The defendant either did not know the nature and quality of their act, or did not know the act was wrong. -
Insanity and the M'Naghten Rules
What condition affecting the brain was held to constitute a disease of the mind in R v Kemp?
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Arteriosclerosis. -
Wrongness, Burden of Proof and Automatism
What must cause the defendant's involuntary act for automatism to apply?
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An external cause.
Paper 2
Tort: Rules and Theory
91 questions in the guide, across 7 subtopics. More from this topic
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The Areas of Tort Liability
What does occupiers' liability concern as an area of tort?
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The duties owed by those who occupy premises to persons who enter those premises. -
The Areas of Tort Liability
What is the first element a claimant must establish in a negligence claim?
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That the defendant owed the claimant a duty of care. -
Duty of Care, Breach and Causation
How does potential severity of harm influence the objective standard of care?
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The more serious the potential harm, the greater the precautions a reasonable person would take.
Paper 2
Negligence
72 questions in the guide, across 5 subtopics. More from this topic
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Establishing a Duty of Care
In which case was the Caparo test established?
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Caparo Industries plc v Dickman (1990). -
Establishing a Duty of Care
What is the 'floodgates argument' as a public policy factor in determining whether a duty of care is fair, just and reasonable?
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The concern that imposing a duty could lead to excessive litigation. -
Breach of Duty and the Standard of Care
How does the social utility of the defendant's conduct affect the court's assessment of breach of duty?
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Conduct with high social utility may justify taking greater risks; in Watt v Hertfordshire CC firefighters rushing to save a life were not in breach.
Paper 2
Occupiers' Liability
29 questions in the guide, across 2 subtopics. More from this topic
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Occupiers, Premises and Lawful Visitors
Who qualifies as a 'visitor' under the Occupiers' Liability Act 1957?
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A visitor is someone who has express or implied permission to enter the premises. -
Occupiers, Premises and Lawful Visitors
According to section 2(3)(b) of the 1957 Act, what may an occupier expect of a person entering in the exercise of their calling?
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The occupier may expect that such a person will appreciate and guard against any special risks ordinarily incident to that calling. -
The Duty to Trespassers under the 1984 Act
What is the nature of the duty owed to trespassers under section 1(4) of the 1984 Act?
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The duty is to take such care as is reasonable in all the circumstances to see that the trespasser does not suffer injury by reason of the danger.
Paper 2
Nuisance and Rylands V Fletcher
28 questions in the guide, across 2 subtopics. More from this topic
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Private Nuisance
What standard must the interference meet to be actionable in private nuisance, and how is this assessed?
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The interference must be unreasonable, determined by balancing the rights of the claimant and defendant. -
Private Nuisance
In what circumstances might a landlord be liable in private nuisance?
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A landlord may be liable in certain circumstances, such as where they authorised the nuisance or knew of it before letting the property. -
The Rule in Rylands v Fletcher
What type of land use must be shown for Rylands v Fletcher liability?
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There must be a non-natural use of land.
Paper 2
Vicarious Liability
25 questions in the guide, across 2 subtopics. More from this topic
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What Vicarious Liability Is
Explain how vicarious liability achieves loss distribution across society.
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The cost of accidents is spread across society through the pricing of goods and services, as employers factor potential liability costs into their business operations. -
What Vicarious Liability Is
Under the economic reality test, what does ownership of tools indicate?
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Whether the worker provides their own equipment and tools (suggesting independent contractor status) or uses those provided by the employer (suggesting employee status). -
Employment Status and the Close Connection Test
Can an employer be vicariously liable for an employee's intentional or criminal wrongdoing?
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Yes, an employer may be vicariously liable even for intentional wrongdoing, including criminal acts, if there is a sufficiently close connection with the employment.
Paper 2
Tort: Defences and Remedies
46 questions in the guide, across 3 subtopics. More from this topic
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Contributory Negligence, Volenti and Other Defences
What must the defendant prove regarding the claimant's awareness for volenti to succeed?
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The defendant must prove the claimant had full knowledge of the nature and extent of the risk. -
Contributory Negligence, Volenti and Other Defences
When does the act of a stranger operate as a defence to liability under Rylands v Fletcher?
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When an unforeseeable act of a third party over whom the defendant had no control caused the escape. -
Pecuniary and Non-Pecuniary Losses
What does 'loss of amenity' refer to as a head of non-pecuniary damages?
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Compensation for the reduction in the claimant's ability to enjoy life and engage in activities they previously could.
Paper 3
Contract: Rules and Theory
34 questions in the guide, across 2 subtopics. More from this topic
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Freedom of Contract and Contract Formation
Why is the distinction between an offer and an invitation to treat legally significant?
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It determines who has the power to conclude the contract by acceptance; only an offer can be accepted to form a binding contract. -
Freedom of Contract and Contract Formation
Define consideration in contract law.
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Something of value given in exchange for a promise, making the promise enforceable as a contract. -
Exemption Clauses and Contractual Remedies
What tension do exemption clauses create in contract law theory?
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They raise tensions between freedom of contract (allowing parties to allocate risk) and the need to protect weaker parties from unfair terms.
Paper 3
Formation of a Contract
100 questions in the guide, across 7 subtopics. More from this topic
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Offer, Invitation to Treat and Acceptance
Why must acceptance mirror the offer exactly?
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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?
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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?
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Privity of contract means only the parties to a contract can acquire rights or be subject to obligations under it.
Paper 3
Contract Terms
85 questions in the guide, across 6 subtopics. More from this topic
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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?
Show the answer
No, breach of a warranty entitles the innocent party to claim damages only, with no right to terminate.
Paper 3
Vitiating Factors
58 questions in the guide, across 4 subtopics. More from this topic
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What Amounts to a Misrepresentation
What mental state distinguishes fraudulent misrepresentation from other types?
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The representor either knows the statement is false, has no belief in its truth, or is reckless as to its truth or falsity. -
What Amounts to a Misrepresentation
Why does impossibility of restitution bar rescission?
Show the answer
Because rescission requires restoring the parties to their pre-contractual positions; if this is no longer possible, rescission cannot be granted. -
The Elements of an Actionable Misrepresentation
What effect must a false statement have on the other party for it to constitute misrepresentation?
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It must induce the other party to enter into the contract.
Paper 3
Discharge of a Contract
47 questions in the guide, across 4 subtopics. More from this topic
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Discharge by Performance
How does performance discharge a contract?
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Discharge by performance occurs when both parties have completely fulfilled all their contractual obligations. -
Discharge by Performance
How does express anticipatory breach arise?
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Express anticipatory breach arises when a party explicitly states that they will not perform their contractual obligations. -
Remedies for Breach of Contract
What is the test for remoteness of damage in contract law?
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The test is whether the loss arose naturally from the breach or was in the reasonable contemplation of the parties at the time of contracting.
Paper 3
Contract: Remedies
29 questions in the guide, across 2 subtopics. More from this topic
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Damages, Specific Performance and Rescission
Under the first limb of Hadley v Baxendale, what type of losses are recoverable?
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Losses that arise naturally from the breach in the usual course of things. -
Damages, Specific Performance and Rescission
Define rescission as a contractual remedy.
Show the answer
Rescission is an equitable remedy that sets aside the contract and restores the parties to their pre-contractual positions. -
Termination and the Right to Reject
Under Consumer Rights Act 2015 s20, what right does a consumer have and within what timeframe?
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A short-term right to reject goods within 30 days of delivery for breach of implied terms.
Paper 3
Human Rights: Rules and Theory
113 questions in the guide, across 8 subtopics. More from this topic
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Article 2 and Article 5: Life and Liberty
Under Article 2.2, when may lethal force be justified in relation to public disorder?
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When force is absolutely necessary to quell a riot or insurrection. -
Article 11 and the Conditions for Restriction
How can national security serve as a legitimate aim for restricting qualified rights?
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Restrictions may be justified where necessary to protect national security. -
Rights, Liberties and Correlative Duties
What would happen if you tried to enforce a mere liberty in court against another person?
Show the answer
Enforcement would fail because a mere liberty has no correlative duty-bearer; there is no one legally obligated to do or refrain from doing anything in relation to your liberty.
Paper 3
Human Rights in International and UK Law
53 questions in the guide, across 4 subtopics. More from this topic
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The Origins of International Human Rights
In what year was the Universal Declaration of Human Rights adopted, and by which body?
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The Universal Declaration of Human Rights was adopted by the United Nations General Assembly in 1948. -
The Origins of International Human Rights
Which organisation drafted the European Convention on Human Rights, and when did it come into force?
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The European Convention on Human Rights was drafted by the Council of Europe and came into force in 1953. -
The Convention in UK Law before 1998
How did the UK government typically respond to adverse judgments from the European Court of Human Rights before 1998?
Show the answer
The government was expected to comply and often changed law or practice in response, but this was a political rather than legal obligation enforceable in domestic courts.
Paper 3
The European Convention Articles
206 questions in the guide, across 14 subtopics. More from this topic
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Freedom of Association and Its Limits
How can public safety serve as a justification for restricting Article 11 rights?
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Public safety is a legitimate aim under Article 11.2, allowing restrictions where necessary to protect the physical safety of the public. -
Article 2: Justified Deprivation of Life
Why does Article 2.2 require that action taken to quell a riot or insurrection must be 'lawfully taken' for the exception to apply?
Show the answer
Because the use of force must have a proper legal basis and be conducted within the bounds of the law; otherwise, the deprivation of life would not be justified under the Convention. -
Article 8: Private and Family Life
Name the first of the four distinct protected interests encompassed by Article 8.1 ECHR, relating to personal autonomy and identity.
Show the answer
Private life.
Paper 3
Restrictions and Enforcement
150 questions in the guide, across 11 subtopics. More from this topic
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The Common Requirements for Restrictions
What is the first common requirement that restrictions under Articles 8.2, 10.2 and 11.2 must satisfy?
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They must be prescribed by law -
Legitimate Aims and Proportionality
Name the legitimate aim under Article 10.2 that justifies restrictions aimed at preventing criminal activity or civil unrest.
Show the answer
Prevention of disorder or crime -
Bringing a Claim to the Strasbourg Court
Within what time period must an application to the European Court of Human Rights be submitted after the final domestic decision?
Show the answer
Within four months of the final domestic decision, reduced from six months by Protocol 15 for decisions taken on or after 1 February 2022.
Paper 3
Reform of Human Rights Law
28 questions in the guide, across 2 subtopics. More from this topic
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Replacing the Human Rights Act
What constitutional complication arises from the Human Rights Act 1998's relationship with devolution?
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The Act is entrenched in the devolution settlements of Scotland, Wales and Northern Ireland, making repeal constitutionally complex. -
Replacing the Human Rights Act
What international legal obligation must reform proposals consider even if the Human Rights Act 1998 is repealed?
Show the answer
The UK's continuing obligations under the European Convention on Human Rights as a matter of international law. -
A British Bill of Rights
What is the risk to fundamental protections cited by opponents of Human Rights Act reform?
Show the answer
That repealing or reforming the Act could weaken fundamental human rights protections currently available to individuals.
Paper 3
Human Rights and English Law
83 questions in the guide, across 5 subtopics. More from this topic
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The Right to Life in English Law
What is voluntary manslaughter?
Show the answer
A homicide where the defendant has the mens rea for murder but a partial defence (such as loss of control or diminished responsibility) reduces liability. -
The Right to Life in English Law
What must a defendant honestly believe for self-defence or prevention of crime to succeed?
Show the answer
That the use of force was necessary in the circumstances. -
Protective Policing and the Osman Test
What must be established for civil negligence to provide a remedy for breach of the right to life?
Show the answer
A duty of care must exist, that duty must be breached, and the breach must cause death or injury.
AQA A-Level Law Active Recall Guide
The other 2,242 questions, with the answers printed after each section.