OCR A-Level Law sample questions and answers (H418)

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119 sample questions and answers

Taken from every topic of OCR A-Level Law, specification H418. The full guide has 1,624.

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Component 1

Civil Courts and Other Forms of Dispute Resolution

51 questions in the guide, across 2 subtopics. More from this topic

  1. Civil courts: jurisdiction, procedure and appeals

    What types of cases does the Family Division of the High Court handle?

    Show the answer
    Complex family matters including wardship, adoption, and cases under the Children Act.

  2. Civil courts: jurisdiction, procedure and appeals

    What requirements must be met for a further appeal from the Court of Appeal (Civil Division) to the Supreme Court?

    Show the answer
    Permission is required, and the case must raise a point of law of general public importance.

  3. Employment tribunals and alternative dispute resolution

    Define negotiation as a form of alternative dispute resolution.

    Show the answer
    Negotiation is where parties communicate directly with each other to reach a mutually acceptable settlement without third-party involvement.

Component 1

Criminal Courts and Lay People

63 questions in the guide, across 5 subtopics. More from this topic

  1. The criminal process and classification of offences

    What are indictable offences and in which court must they be tried?

    Show the answer
    Indictable offences are the most serious criminal offences, triable only in the Crown Court.

  2. The criminal process and classification of offences

    What is the pre-trial procedure for indictable offences?

    Show the answer
    A preliminary hearing takes place in the Magistrates' Court before the case is sent to the Crown Court.

  3. Appeals and appellate courts

    On what basis can a case be appealed to the UK Supreme Court from the Court of Appeal (Criminal Division) or King's Bench Divisional Court?

    Show the answer
    An appeal can be made on a point of law of general public importance.

Component 1

Legal Personnel

41 questions in the guide, across 4 subtopics. More from this topic

  1. Barristers, solicitors and legal executives

    What is conveyancing and which type of legal professional typically handles it?

    Show the answer
    Conveyancing is the legal process of transferring property ownership, and it is typically conducted by solicitors.

  2. Barristers, solicitors and legal executives

    Which body is responsible for regulating barristers?

    Show the answer
    The Bar Standards Board regulates barristers.

  3. The judiciary and its role

    What is the role of Lords Justices of Appeal?

    Show the answer
    Lords Justices of Appeal sit in the Court of Appeal hearing appeals from lower courts in both civil and criminal divisions.

Component 1

Access to Justice

48 questions in the guide, across 3 subtopics. More from this topic

  1. Government funding of civil and criminal cases

    Besides the means test, what other test must be satisfied for criminal legal aid?

    Show the answer
    The interests of justice test.

  2. Government funding of civil and criminal cases

    Which body administers legal aid in England and Wales?

    Show the answer
    The Legal Aid Agency administers legal aid in England and Wales.

  3. Private funding and advice agencies

    How do specialist charities contribute to access to justice?

    Show the answer
    Charities in specific fields such as housing, immigration or disability rights may offer specialist legal advice and representation to those affected by issues within their area.

Component 1

Rules and Theory of Criminal Law

37 questions in the guide, across 2 subtopics. More from this topic

  1. The rules of criminal law

    On whom does the burden of proof lie in criminal cases?

    Show the answer
    The burden of proof lies on the prosecution, meaning it is the prosecution's responsibility to prove the defendant's guilt.

  2. The rules of criminal law

    How can actus reus be satisfied by a state of affairs?

    Show the answer
    A state of affairs is a situation or condition in which the defendant finds themselves that constitutes the prohibited circumstance, regardless of any voluntary act.

  3. Theories of criminal law

    What does the principle of maximum certainty require?

    Show the answer
    It requires that criminal offences should be defined with sufficient clarity so that individuals can know in advance what conduct is prohibited.

Component 1

General Elements of Criminal Liability

57 questions in the guide, across 3 subtopics. More from this topic

  1. Actus reus: acts, omissions and states of affairs

    What is a state of affairs offence?

    Show the answer
    A state of affairs offence is one where the actus reus consists of the defendant being in a particular situation or condition, rather than performing a positive act or omission.

  2. Actus reus: acts, omissions and states of affairs

    In R v Stone and Dobinson, why were the defendants convicted despite not being related to the victim?

    Show the answer
    They had voluntarily assumed responsibility for the victim's care by taking her into their home, creating a duty to provide adequate care.

  3. Causation in criminal law

    What is the 'but for' test and what does it establish?

    Show the answer
    The 'but for' test establishes factual causation: but for the defendant's conduct, the result would not have occurred.

Component 1

Fatal Offences Against the Person

57 questions in the guide, across 4 subtopics. More from this topic

  1. Murder

    What is the test for factual causation in murder?

    Show the answer
    The 'but for' test: but for the defendant's conduct, would the victim have died as and when they did (R v White 1910).

  2. Murder

    What does the 'King's (Queen's) peace' requirement mean?

    Show the answer
    The victim must be under the Crown's protection; killing an enemy soldier in the heat of battle in wartime falls outside the King's peace.

  3. Voluntary manslaughter

    What are the two qualifying triggers for loss of control?

    Show the answer
    The fear trigger, a fear of serious violence from the victim against the defendant or another (s55(3)); and the anger trigger, things done or said amounting to circumstances of an extremely grave character giving the defendant a justifiable sense of being seriously wronged (s55(4)).

Component 1

Non-Fatal Offences Against the Person

63 questions in the guide, across 4 subtopics. More from this topic

  1. Common assault and the offence of assault

    What mental state must the victim experience for the actus reus of assault to be satisfied?

    Show the answer
    The victim must apprehend (anticipate or fear) the application of unlawful force.

  2. Common assault and the offence of assault

    Explain how silence can amount to an assault.

    Show the answer
    Silence can be an assault where it causes the victim to apprehend immediate unlawful violence, for example silent telephone calls creating fear of imminent attack.

  3. Battery and section 39

    Why must the force in battery be 'unlawful'?

    Show the answer
    Because lawful force (e.g. consented contact or lawful arrest) does not satisfy the actus reus of battery.

Component 1

Offences Against Property

50 questions in the guide, across 3 subtopics. More from this topic

  1. Theft

    Why is the Ivey test described as having both subjective and objective elements?

    Show the answer
    The subjective element concerns the defendant's actual knowledge of the facts; the objective element applies the standards of ordinary decent people to that conduct.

  2. Theft

    What did R v Morris (1983) decide about appropriation?

    Show the answer
    Switching price labels on supermarket goods was an appropriation, because assuming any one of the owner's rights is enough; the defendant need not assume all of them.

  3. Robbery

    What is the second component of the actus reus of robbery?

    Show the answer
    The use of force or threat of force.

Component 1

Mental Capacity Defences

39 questions in the guide, across 2 subtopics. More from this topic

  1. Insanity and automatism

    What is the starting presumption regarding a defendant's sanity?

    Show the answer
    Every person is presumed sane until the contrary is proved.

  2. Insanity and automatism

    Name one disposal option available to the court following a verdict of not guilty by reason of insanity.

    Show the answer
    A hospital order.

  3. Intoxication

    How can involuntary intoxication arise through coercion?

    Show the answer
    The defendant was forced to consume the intoxicant.

Component 1

General Defences

38 questions in the guide, across 2 subtopics. More from this topic

  1. Self-defence, duress and necessity

    Against whom must the threat be directed for duress by threats to apply?

    Show the answer
    The threat must be directed at the defendant, their immediate family, or someone close to them.

  2. Self-defence, duress and necessity

    How does duress of circumstances differ from duress by threats?

    Show the answer
    In duress of circumstances, the threat arises from circumstances rather than from a specific person making demands.

  3. Consent as a defence

    To what level of harm is consent generally not a defence?

    Show the answer
    Consent is generally not a defence to offences causing actual bodily harm or more serious injury.

Component 1

Preliminary Offences

33 questions in the guide, across 2 subtopics. More from this topic

  1. Attempts

    Who decides whether an act is more than merely preparatory in a criminal trial?

    Show the answer
    It is a question of fact for the jury, once the judge determines there is sufficient evidence to leave the issue to them.

  2. Attempts

    Can conditional intent satisfy the mens rea requirement for attempt?

    Show the answer
    Yes; conditional intent can satisfy the mens rea of attempt, for example where the defendant intends to steal if there is something worth stealing.

  3. Impossibility and attempt

    Can a defendant rely on factual impossibility as a defence to a charge of attempt?

    Show the answer
    No, factual impossibility is not a defence to attempt — the defendant can still be convicted.

Component 1

Evaluation in Criminal Law

16 questions in the guide, across 1 subtopics. More from this topic

  1. Evaluating criminal law

    Why might the distinction between direct and oblique intention be considered difficult to apply in practice?

    Show the answer
    Direct intention (purpose) is straightforward, but oblique intention requires juries to assess whether death or serious harm was virtually certain and whether the defendant appreciated this. This involves complex psychological assessment and may lead to inconsistent verdicts.

  2. Evaluating criminal law

    Why might objective tests of fault like negligence be considered inappropriate for criminal liability?

    Show the answer
    Criminal law traditionally requires proof of a guilty mind. Objective tests judge defendants against reasonable person standards regardless of their actual mental state, potentially convicting those who genuinely lacked awareness of risk and thus may not be morally blameworthy.

Component 2

Parliamentary Law Making

26 questions in the guide, across 2 subtopics. More from this topic

  1. The legislative process and Green and White Papers

    Is a Private Members' Bill classified as a Public Bill or a Private Bill?

    Show the answer
    It is classified as a Public Bill.

  2. The legislative process and Green and White Papers

    What happens at the Third Reading of a Bill?

    Show the answer
    A final debate on the Bill as amended takes place, with limited or no further amendments permitted.

  3. Evaluating parliamentary law making

    How does the bicameral system benefit the legislative process?

    Show the answer
    The House of Lords provides a check on hasty or ill-considered legislation by reviewing Bills passed by the Commons.

Component 2

Delegated Legislation

55 questions in the guide, across 3 subtopics. More from this topic

  1. Types of delegated legislation

    What are Henry VIII powers?

    Show the answer
    Clauses in a Parent Act that allow ministers to amend or repeal provisions of primary legislation through delegated legislation.

  2. Types of delegated legislation

    Which Act allows Orders in Council to be made in emergency situations?

    Show the answer
    The Civil Contingencies Act 2004.

  3. Parliamentary and judicial control of delegated legislation

    What is procedural ultra vires?

    Show the answer
    When delegated legislation is made without following the correct procedure required by the Parent Act.

Component 2

Statutory Interpretation

55 questions in the guide, across 4 subtopics. More from this topic

  1. Statutory interpretation and intrinsic aids

    What interpretive value do headings and marginal notes have in statutes?

    Show the answer
    They can indicate the subject matter of sections, though courts traditionally gave them limited weight.

  2. Statutory interpretation and intrinsic aids

    What is the purpose of interpretation sections within statutes?

    Show the answer
    They define specific terms used throughout the legislation.

  3. The literal, golden and mischief rules

    What is the golden rule of statutory interpretation?

    Show the answer
    A modification of the literal rule: judges start with the literal meaning but may depart from it to avoid an absurd or repugnant result (Lord Wensleydale in Grey v Pearson 1857).

Component 2

Judicial Precedent

38 questions in the guide, across 3 subtopics. More from this topic

  1. The doctrine of precedent

    How does judicial precedent promote consistency and fairness in the law?

    Show the answer
    By requiring courts to follow previous decisions in similar cases, ensuring like cases are treated alike.

  2. The doctrine of precedent

    What is meant by 'illogical distinctions' as a criticism of judicial precedent?

    Show the answer
    Courts may make artificial or illogical distinctions between cases to avoid following unwanted precedents.

  3. The hierarchy of the courts

    Which court is the highest in the civil court hierarchy?

    Show the answer
    The Supreme Court.

Component 2

Law Reform

43 questions in the guide, across 2 subtopics. More from this topic

  1. The Law Commission and law reform

    Who does the Law Commission consult during its reform process?

    Show the answer
    It consults experts, judges and interested parties.

  2. The Law Commission and law reform

    What did the Law Reform (Year and a Day Rule) Act 1996 abolish?

    Show the answer
    It abolished the rule that death must occur within a year and a day for a murder charge.

  3. Influences on Parliament

    Give an example of legislation passed in response to public opinion.

    Show the answer
    After the Dunblane school shooting in 1996, the Snowdrop Campaign led to the Firearms (Amendment) Acts 1997, which banned most private ownership of handguns.

Component 2

European Union Law

39 questions in the guide, across 3 subtopics. More from this topic

  1. Institutions of the European Union

    What is the European Commission and what are its main functions within the EU?

    Show the answer
    The European Commission is the executive body of the EU responsible for proposing legislation, implementing decisions, and upholding EU treaties.

  2. Institutions of the European Union

    How are members of the European Parliament selected?

    Show the answer
    They are directly elected by EU citizens.

  3. Sources of European Union law and direct effect

    How might indirect effect help an individual when a directive has not been properly implemented?

    Show the answer
    National courts must interpret existing domestic law in a way that is consistent with the directive's objectives, potentially giving the individual a remedy through domestic law.

Component 2

Rules and Theory of Tort

10 questions in the guide, across 1 subtopics. More from this topic

  1. The rules and theory of tort

    Is proof of fault always required in tort?

    Show the answer
    No. Most torts, such as negligence, are fault-based and require the claimant to prove the defendant was at fault; some torts, such as Rylands v Fletcher, impose strict liability where no fault need be shown.

  2. The rules and theory of tort

    What interests does tort law protect?

    Show the answer
    Interests such as personal safety (personal injury), property, land, reputation and, in limited circumstances, economic interests.

Component 2

Liability in Negligence

38 questions in the guide, across 2 subtopics. More from this topic

  1. Duty of care and causation in negligence

    Is a duty of care owed for injury to people and damage to property in negligence?

    Show the answer
    Yes; the ordinary duty in negligence covers physical injury to people and physical damage to property that is reasonably foreseeable.

  2. Duty of care and causation in negligence

    What are the four elements a claimant must prove in a negligence claim?

    Show the answer
    (1) The defendant owed a duty of care; (2) the defendant breached that duty; (3) the breach factually and legally caused the harm; (4) the resulting damage was reasonably foreseeable (not too remote).

  3. Breach of duty

    How does the degree of probability of harm affect breach?

    Show the answer
    The lower the likelihood of harm, the less likely there is a breach; in Bolton v Stone a cricket ball rarely leaving the ground meant no breach.

Component 2

Occupiers’ Liability

26 questions in the guide, across 1 subtopics. More from this topic

  1. Occupiers' liability to visitors and trespassers

    How can a warning discharge the duty under the 1957 Act?

    Show the answer
    Under s2(4)(a), a warning discharges the duty if, in all the circumstances, it was enough to enable the visitor to be reasonably safe.

  2. Occupiers' liability to visitors and trespassers

    Does the 1984 Act cover damage to a trespasser's property?

    Show the answer
    No; under s1(8) the duty is only in respect of injury to the person, not for loss of or damage to property.

Component 2

Torts Connected to Land

48 questions in the guide, across 2 subtopics. More from this topic

  1. Private nuisance

    What does it mean for an occupier to adopt a nuisance?

    Show the answer
    Adopting a nuisance means making use of something that constitutes a nuisance, even if the occupier did not originally create it.

  2. Private nuisance

    How might a nuisance consist of physical damage to land?

    Show the answer
    A nuisance may involve actual physical harm to the land itself, such as damage caused by flooding, tree roots, or encroaching structures.

  3. Rylands v Fletcher

    What does 'non-natural use of land' mean as a requirement for Rylands v Fletcher?

    Show the answer
    The use of land must be extraordinary or unusual, not ordinary domestic use.

Component 2

Vicarious Liability

25 questions in the guide, across 2 subtopics. More from this topic

  1. The nature and purpose of vicarious liability

    What is a key criticism of vicarious liability relating to fault?

    Show the answer
    It imposes liability on a party who is not personally at fault, which may be considered unjust.

  2. The nature and purpose of vicarious liability

    How does vicarious liability achieve the tort aim of deterrence?

    Show the answer
    By incentivising employers to prevent employee wrongdoing.

  3. Liability for employees and independent contractors

    According to the Salmond test, in what two situations will a wrongful act be considered within the course of employment?

    Show the answer
    Either the act was authorised by the employer, or it was an unauthorised mode of doing something authorised.

Component 2

Defences

36 questions in the guide, across 1 subtopics. More from this topic

  1. Defences in tort

    What is contributory negligence and under which statute is it governed?

    Show the answer
    A partial defence under the Law Reform (Contributory Negligence) Act 1945 that reduces damages where the claimant's own fault contributed to their harm.

  2. Defences in tort

    A bystander rushes to help victims of a car crash caused by the defendant's negligence and is injured. Can the defendant rely on volenti?

    Show the answer
    No, because rescuers are not treated as voluntarily accepting risk when responding to emergencies created by the defendant.

Component 2

Remedies in Tort

46 questions in the guide, across 3 subtopics. More from this topic

  1. Compensatory damages

    Give two examples of losses that would be claimed as special damages.

    Show the answer
    Lost earnings up to trial and medical expenses already incurred.

  2. Compensatory damages

    What does the multiplier represent in the calculation of future loss of earnings?

    Show the answer
    The number of years of expected loss.

  3. Other types of damages and mitigation of loss

    What is the 'once-and-for-all' rule in tort damages?

    Show the answer
    The claimant receives a single lump sum and cannot return to court if their condition worsens.

Component 2

Evaluation in Tort

10 questions in the guide, across 1 subtopics. More from this topic

  1. Evaluating negligence and occupiers' liability

    What 'floodgates' concern arises in negligence?

    Show the answer
    That recognising duties too widely — especially for economic loss or psychiatric harm — could open the floodgates to large numbers of claims, which is why courts restrict these categories.

  2. Evaluating negligence and occupiers' liability

    Why is the limited duty to trespassers under the 1984 Act generally regarded as fair?

    Show the answer
    Because trespassers enter without permission; cases like Tomlinson emphasise personal responsibility for obvious risks, preventing occupiers from bearing excessive burdens.

Component 3, Component 4

Introduction to the Nature of Law

29 questions in the guide, across 2 subtopics. More from this topic

  1. Law, rules and the rule of law

    What is the rule of law?

    Show the answer
    The rule of law is the principle that all persons and institutions, including the government, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated.

  2. Law, rules and the rule of law

    How does the rule of law underpin justice, protect human rights, and guide legal development?

    Show the answer
    It underpins justice by ensuring fair treatment, protects human rights by limiting arbitrary state power, and guides legal development by requiring consistency and predictability.

  3. Civil and criminal law and the development of English law

    Who brings a prosecution in criminal proceedings?

    Show the answer
    The state (the prosecution) brings the case.

Component 3, Component 4

Law and Morality

14 questions in the guide, across 1 subtopics. More from this topic

  1. Law and morals: legal theory, pluralism and the Devlin-Hart debate

    Give an example of conduct that is illegal but not necessarily immoral.

    Show the answer
    Parking offences.

  2. Law and morals: legal theory, pluralism and the Devlin-Hart debate

    Summarise Lord Devlin's argument on law and morality.

    Show the answer
    Devlin argued that society has a shared morality essential to its cohesion and that the law is entitled to enforce this common morality to prevent societal disintegration.

Component 3, Component 4

Law and Justice

14 questions in the guide, across 1 subtopics. More from this topic

  1. The meaning and theories of justice and how far the law achieves it

    What is Rawls's theory of justice?

    Show the answer
    That principles of justice are those which rational people would choose behind a veil of ignorance, not knowing their own place in society.

  2. The meaning and theories of justice and how far the law achieves it

    How can a jury achieve justice even when the law points to a conviction?

    Show the answer
    Jurors cannot be punished for their verdict and may acquit on conscience, as in R v Ponting (1985), where a civil servant who leaked information was acquitted despite the judge's direction.

Component 3, Component 4

Law and Society

32 questions in the guide, across 2 subtopics. More from this topic

  1. The role of law in society, social control and moral panic

    What are informal mechanisms of social control?

    Show the answer
    Unofficial pressures from family, peers, education, and community that encourage conformity to social norms.

  2. The role of law in society, social control and moral panic

    What role does media amplification play in moral panic?

    Show the answer
    The media engages in sensationalised reporting that exaggerates the threat, increasing public awareness and concern disproportionately.

  3. Consensus, conflict, labelling and realist theories of law

    What is rational choice theory in the context of right realism?

    Show the answer
    The idea that offenders weigh up the costs and benefits before committing crime, making a rational decision about whether to offend.

Component 3

Rules and Theory of Human Rights

16 questions in the guide, across 1 subtopics. More from this topic

  1. The rules and theory of human rights

    Which international instrument first set out human rights after the Second World War?

    Show the answer
    The Universal Declaration of Human Rights, adopted by the United Nations in 1948.

  2. The rules and theory of human rights

    Why is human dignity described as the foundation of human rights?

    Show the answer
    Every person has inherent worth simply by being human; the Universal Declaration of Human Rights states all are born free and equal in dignity and rights, and Pretty v UK (2002) called dignity the very essence of the Convention.

Component 3

Protection of the Individual’s Human Rights and Freedoms in the UK

24 questions in the guide, across 2 subtopics. More from this topic

  1. The European Convention and its history

    When did the European Convention on Human Rights come into force?

    Show the answer
    1953.

  2. The European Convention and its history

    How did the Human Rights Act 1998 change where individuals can bring claims for breach of Convention rights?

    Show the answer
    It allows individuals to bring claims in UK courts rather than having to apply to the European Court of Human Rights.

  3. The Human Rights Act 1998 and its impact

    What power does Section 4 of the Human Rights Act 1998 grant to higher courts?

    Show the answer
    The power to issue a declaration of incompatibility if primary legislation cannot be interpreted compatibly with Convention rights.

Component 3

Key Provisions of the European Convention on Human Rights

82 questions in the guide, across 3 subtopics. More from this topic

  1. Articles 5 and 6: liberty and a fair trial

    What does Article 6 guarantee regarding preparation of a defence?

    Show the answer
    Adequate time and facilities to prepare a defence.

  2. Articles 5 and 6: liberty and a fair trial

    Name three specified circumstances in which Article 5 permits deprivation of liberty.

    Show the answer
    Lawful detention after conviction, arrest on reasonable suspicion of an offence, and detention of minors for educational supervision.

  3. Articles 8, 10 and 11: private life, expression and assembly

    What does freedom to hold opinions mean under Article 10?

    Show the answer
    The right to form and maintain personal views without state interference.

Component 3

Human Rights and English Law

51 questions in the guide, across 4 subtopics. More from this topic

  1. Public order offences and trespass to land

    What conduct must the twelve or more persons engage in for riot to be established?

    Show the answer
    Using or threatening unlawful violence for a common purpose, where the conduct would cause a person of reasonable firmness to fear for their safety.

  2. Public order offences and trespass to land

    Name two types of illegal assembly that restrict Articles 10 and 11 under the Public Order Act 1986.

    Show the answer
    Trespassory assemblies under section 14A and prohibited processions under section 13.

  3. Interception of communications and police powers

    What is directed surveillance under RIPA 2000?

    Show the answer
    A form of covert surveillance that is not intrusive, requiring authorisation at a lower level than intrusive surveillance.

Component 3

Enforcement of Human Rights Law

73 questions in the guide, across 3 subtopics. More from this topic

  1. The role of the domestic courts

    Before the Human Rights Act 1998 came into force in 2000, could individuals directly enforce Convention rights in domestic courts?

    Show the answer
    No, individuals could not directly enforce Convention rights in domestic courts before the HRA 1998 came into force.

  2. The role of the domestic courts

    What change did the Human Rights Act 1998 bring regarding enforcement of Convention rights after it came into force in 2000?

    Show the answer
    It incorporated Convention rights into domestic law, allowing individuals to bring claims directly in UK courts against public authorities for breaches of those rights.

  3. Judicial review

    What remedy in judicial review formally states the legal position without requiring specific action?

    Show the answer
    A declaration, which sets out the rights of the parties or the lawfulness of conduct without compelling action.

Component 3

Evaluation in Human Rights

21 questions in the guide, across 1 subtopics. More from this topic

  1. Evaluating human rights protection in the UK

    How might a UK Bill of Rights affect the role of European Court of Human Rights case law?

    Show the answer
    It could reduce the influence of Strasbourg jurisprudence.

  2. Evaluating human rights protection in the UK

    What must restrictions on ECHR rights through legislation be in order to be lawful?

    Show the answer
    Proportionate.

Component 4

Rules and Theory of Contract

16 questions in the guide, across 1 subtopics. More from this topic

  1. The rules and theory of contract

    What is the doctrine of privity of contract?

    Show the answer
    Only a party to a contract may sue or be sued on it, subject to the exceptions in the Contracts (Rights of Third Parties) Act 1999.

  2. The rules and theory of contract

    Who bears the burden of proof in a contract claim, and to what standard?

    Show the answer
    The claimant must prove the contract, the breach and the loss on the balance of probabilities.

Component 4

Formation

35 questions in the guide, across 2 subtopics. More from this topic

  1. Offer and acceptance

    When does acceptance by post take effect under the postal rule?

    Show the answer
    Acceptance is effective when the letter is posted, not when it is received by the offeror.

  2. Offer and acceptance

    How does failure of a condition terminate an offer?

    Show the answer
    If an offer is made subject to a condition and that condition is not fulfilled, the offer terminates.

  3. Consideration, intention to create legal relations and privity

    Is part payment of a debt good consideration for a promise to release the debtor from the balance?

    Show the answer
    No, part payment of a debt is not good consideration for a promise to release the debtor from the balance owed.

Component 4

Terms

23 questions in the guide, across 1 subtopics. More from this topic

  1. Express and implied terms, types of term and exclusion clauses

    What is a warranty and what is the effect of breaching it?

    Show the answer
    A warranty is a minor term; its breach entitles the innocent party only to damages, not to termination (Bettini v Gye 1876).

  2. Express and implied terms, types of term and exclusion clauses

    When must notice of a term be given for it to be incorporated, as shown in Olley v Marlborough Court Hotel (1949)?

    Show the answer
    Before or at the time the contract is made; a notice in a hotel bedroom was too late because the contract was made at reception.

Component 4

Vitiating Factors

40 questions in the guide, across 2 subtopics. More from this topic

  1. Economic duress

    Which case established additional criteria for assessing economic duress beyond the basic requirements of threat and lack of practical alternative?

    Show the answer
    Pao On v Lau Yiu Long.

  2. Economic duress

    How can a victim of economic duress lose the right to rescind through affirmation?

    Show the answer
    A contract voidable for economic duress may be affirmed if the victim, with full knowledge of the duress and after the pressure has ceased, chooses to continue with the contract.

  3. Misrepresentation

    How are damages for fraudulent misrepresentation calculated?

    Show the answer
    They are calculated to put the claimant in the position they would have been in had the tort not been committed.

Component 4

Discharge

31 questions in the guide, across 2 subtopics. More from this topic

  1. Discharge by frustration

    What is frustration of purpose as a ground for claiming frustration?

    Show the answer
    Frustration of purpose occurs where the commercial purpose of the contract becomes impossible, even though physical performance remains possible.

  2. Discharge by frustration

    What does the Law Reform (Frustrated Contracts) Act 1943 allow parties to claim?

    Show the answer
    It allows recovery of money paid before frustration and permits claims for expenses incurred.

  3. Discharge by performance and breach

    Define a repudiatory breach.

    Show the answer
    A repudiatory breach is a breach so serious that it entitles the innocent party to treat the contract as discharged and claim damages.

Component 4

Remedies in Contract

22 questions in the guide, across 1 subtopics. More from this topic

  1. Damages and other contract remedies

    What is a liquidated damages clause?

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    A clause fixing in advance a genuine pre-estimate of the loss likely to result from a breach; such a clause is enforceable.

  2. Damages and other contract remedies

    How does a consumer exercise the right to reject under the Consumer Rights Act 2015?

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    By indicating to the trader, by words or conduct clear enough to be understood, that they are rejecting the goods; the trader must then refund within 14 days of agreeing a refund is due (s20).

Component 4

Evaluation in Contract

13 questions in the guide, across 1 subtopics. More from this topic

  1. Evaluating the law of contract

    Why is the treatment of exclusion clauses said to be complex?

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    Control is split between common law incorporation rules, the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015, which apply differently to consumers and businesses.

  2. Evaluating the law of contract

    What is the criticism of the remedy of damages in contract?

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    Expectation damages are hard to quantify where the loss is not financial, and the rules on remoteness can leave a genuine loss uncompensated.

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