The A level curriculum in contract focuses on the main elements of contract law from the formation of contracts to their enforcement. These are the main topics covered by the AQAand OCR exam boards. We have divided each topic into questions to help you understand the links between each topic.
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Contract formation refers to the rules for creating a contract. In other words, the elements that must be present to make an agreement between parties enforceable in law. A level students must understand each of these elements.
Once you know a legally binding contract exists, you will need to know what has been agreed by the parties of the contract. The contents of a contract are known as terms or clauses. A contract will normally have various terms such as the price paid and the goods or services provided, but there are many other types of terms. The A level curriculum covers different types of contract terms as follows:
1. Express and implied terms
3. Exclusion and limitation clauses
Some of the Terms included in a contract are dictated by the following Acts of Parliament even if the parties have not included them in the contract (this means the terms are implied). A level student must be familiar with terms implied by the following acts:
Vitiating factors are situations that make a contract invalid. In other words, even if the contract was formed properly and the terms are clear contract may not be enforceable in law because there is something wrong with it. The OCR and AQA exam boards cover two vitiating factors as follows:
When things go wrong in a contract the court will have to intervene and find a solution to the problem. This solution is known as a remedy. There are various types of remedies covered in the A level curriculum.
1. Damages: compensatory damages; causation and remoteness of damage; mitigation of loss
2. Equitable remedies
3. Consumer remedies under the Consumer Rights Act 2015