Law of Contract and Negligence

The law of contract

• Introduction
  • What is a contract?
  • Essential elements
  • Issues surrounding contract validity
  • Offer/Acceptance
  • Electronic contracts

• Consideration
  • What is consideration?
  • Adequacy/Sufficiency
  • Waiver of existing rights
  • Privity of contract

• Intention and Capacity
• • Intention to create legal relations
  • Capacity to contract

• Terms and exclusion clauses
  • Representations and terms
  • Conditions and warranties
  • Implied terms
  • Specialist terms
  • Exclusion clauses
  • Unfair Contract Terms Act 1977
  • The Unfair Terms in Consumer Contracts Regulations 1999

• Vitiating factors in contract
  • Mistake
  • Misrepresentation
  • Duress
  • Undue influence
  • Restraint of trade
  • Illegality

Tips –

• Read the questions carefully – break them down in to manageable chunks if required and build an answer, like building blocks.
• Try to remember that each question should be answered and, if you find yourself spending too much time on one particular question, try to move on and go back later in the assessment.
• When referring to statutes or case law, don’t waste time copying lots of information from the text book as it will not give you any more marks. Marks are awarded where you can correlate your answer to a question to the right case/statute, for which only the name and relevant section number is required.
• Use the chapter round up, quick quiz and activities at the end of each chapter – this will allow you to quickly see what areas you need to pay extra attention to.