Vitiating Factors | AQA A-Level Law (7162)
Vitiating Factors
- 58 questions
- 4 subtopics
- Paper 3: the law of contract, one of two options
- Paper 3
Misrepresentation in its fraudulent, negligent and innocent forms, and the economic duress that can undo consent..
It covers what Amounts to a Misrepresentation, the Elements of an Actionable Misrepresentation, types of Misrepresentation and Remedies and economic Duress.
Sample questions from Vitiating Factors
Answer each one closed book first, then open the answer.
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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?
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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. -
The Elements of an Actionable Misrepresentation
Can a statement about future intention constitute misrepresentation?
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No, a misrepresentation must be a statement of existing fact, not future intention. -
Types of Misrepresentation and Remedies
What are the three types of misrepresentation?
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Fraudulent, negligent, and innocent misrepresentation. -
Types of Misrepresentation and Remedies
How does impossibility of restitution affect the right to rescind?
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If the parties cannot be restored to their pre-contractual position, rescission may be barred. -
Economic Duress
What is economic duress?
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Illegitimate pressure exerted by one party that leaves the other with no practical alternative but to agree to the contract or variation. -
Economic Duress
Is a contract affected by economic duress void or voidable?
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Voidable, meaning it remains valid until the innocent party chooses to rescind.
The 4 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| What Amounts to a Misrepresentation | Recall questions on the definition, why a statement of opinion usually will not do, and the timing and other requirements. | 15 |
| The Elements of an Actionable Misrepresentation | Recall questions on the kind of statement required, to whom it must be made, the effect it must have and whether opinion can suffice. | 8 |
| Types of Misrepresentation and Remedies | Recall questions on fraudulent, negligent and innocent misrepresentation, rescission and its four bars, damages for each type and section 2(1) of the Misrepresentation Act, and damages in place of rescission. | 18 |
| Economic Duress | Recall questions on what economic duress is, the pressure required, the victim's position and the effect on their decision. | 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.