Vitiating Factors | OCR A-Level Law (H418)
Vitiating Factors
- 40 questions
- 2 subtopics
- Component 4: The law of contract, one of the two third-paper options
- Component 4
The things that undermine an apparently valid agreement..
It covers economic duress and misrepresentation.
Sample questions from Vitiating Factors
Answer each one closed book first, then open the answer.
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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. -
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. -
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. -
Misrepresentation
What is the primary remedy for innocent misrepresentation?
Show the answer
Rescission of the contract.
The 2 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| Economic duress | Recall questions on what economic duress is, illegitimate threats and the lack of a practical alternative, the factors set out in Pao On v Lau Yiu Long, and rescission of a voidable contract and the bars to it. | 17 |
| Misrepresentation | Recall questions on what counts as a misrepresentation, fraudulent misrepresentation under Derry v Peek, negligent misstatement under Hedley Byrne v Heller, sections 2(1) and 2(2) of the Misrepresentation Act 1967, innocent misrepresentation, and rescission and its bars. | 23 |
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
OCR A-Level Law Active Recall Guide
Every topic, not just this one. 1,624 questions with their answers.