Contract Law
Contract is one of the most heavily tested FLK1 subjects, and one of the most contested online, which makes accuracy the differentiator rather than volume.
Formation questions (offer, acceptance, consideration, intention) are the most common single best answer pattern, followed by terms, misrepresentation and remedies.
Every section of Contract Law
21 sections and 89 topics, in the order they are taught. Open a section to read the topics inside it.
Formation: Requirements for a Contract 2 topics
- The elements of a binding contract
- Formalities: writing and deeds
Offer and Invitation to Treat 5 topics
- What counts as an offer
- Invitations to treat
- Unilateral offers
- Auctions and tenders
- Cross offers
Termination of Offer 6 topics
- Revocation before acceptance
- Revoking a unilateral offer
- Rejection and counteroffer
- Lapse of an offer
- Termination by operation of law
- Rejecting a collateral option
Acceptance, the Postal Rule and Battle of the Forms 9 topics
- The mirror image rule
- The postal rule
- Battle of the forms and the last shot
- An alternative method of acceptance
- Beginning performance under either type of offer
- A carelessly addressed acceptance
- Prevail clauses
- A posted rejection overtaken by acceptance
- Notifying the start of performance
Intention to Create Legal Relations 1 topic
- The domestic and commercial presumptions
Capacity 3 topics
- Minors
- Mental capacity and intoxication
- Capacity of a company
Consideration 7 topics
- What consideration is
- Consideration must move from the promisee
- Sufficient but not adequate
- Performance of an existing duty
- Past consideration
- Part payment of a debt
- Promissory estoppel
Privity of Contract and Third-Party Rights 4 topics
- The doctrine of privity
- Enforcement under the 1999 Act
- Exclusions and variation under that Act
- Common law devices avoiding privity
Terms and Representations, and Certainty 2 topics
- Term or mere representation
- Certainty and agreements to agree
Conditions, Warranties and Innominate Terms 3 topics
- Conditions and warranties
- Innominate terms
- When time is of the essence
Express Terms, the Parol Evidence Rule and Implied Terms 5 topics
- Notice of terms and the parol evidence rule
- Terms implied by the courts
- Implied terms under the Sale of Goods Act 1979
- Implied terms under the Supply of Goods and Services Act 1982
- Implied terms under the Consumer Rights Act 2015
Exclusion Clauses: Incorporation, Construction and Statute 5 topics
- The three issues for any exclusion clause
- Methods of incorporation
- Construction contra proferentem
- The Unfair Contract Terms Act 1977
- Unfair terms under the Consumer Rights Act 2015
Mistake 4 topics
- When mistake makes a contract void
- Common, mutual and unilateral mistake
- Mistaken identity, non est factum and rectification
- Rectifying an irrationally worded document
Duress and Undue Influence 3 topics
- Duress and illegitimate pressure
- The classes of undue influence
- Relationships of presumed influence
Illegality, Public Policy and Restraint of Trade 3 topics
- Effect of illegality on enforcement
- Restraint of trade and reasonableness
- Severance and the blue pencil test
Misrepresentation 5 topics
- What makes a misrepresentation actionable
- The types of misrepresentation
- Remedies for misrepresentation
- Bars to rescission
- Excluding liability for misrepresentation
Discharge: Agreement, Variation, Performance and Breach 3 topics
- Discharge and variation by agreement
- The entire obligations rule
- Actual and anticipatory breach
Frustration 5 topics
- Requirements for frustration
- What is not frustration
- Effect of frustration and the 1943 Act
- Force majeure clauses
- Destruction of a building after exchange
Remedies: Damages 7 topics
- The compensatory measure
- Remoteness and its two limbs
- Causation and contributory negligence
- Mitigation and the date of assessment
- Damages under the Sale of Goods Act 1979
- Liquidated damages and penalty clauses
- Indemnities, secondary promises and debt claims
Equitable, Restitutionary and Consumer Remedies 5 topics
- Specific performance
- Injunctions
- Equitable defences
- Restitution and quantum meruit
- Consumer remedies under the Consumer Rights Act 2015
Limitation of Actions, and Void and Voidable Contracts 2 topics
- Limitation periods in contract
- Void and voidable contracts compared
See the format
Written for this page only, in the same single best answer format as the 300+ questions in the Contract Law section of the course.
A retailer advertises that it will pay £50 to any customer who buys its multivitamin, takes it daily for three months as directed, and still catches a cold, adding that £5,000 has been placed in a separate account to meet valid claims. A customer buys the product, follows the instructions for three months, still catches a cold, and claims the £50 without ever contacting the retailer beforehand. Which of the following best describes the customer’s position?
An advertisement can be a unilateral offer to the world, capable of acceptance by anyone who performs the stipulated act, without any need to communicate acceptance in advance. Evidence of a genuine intention to be bound, such as money set aside to meet claims, displaces the argument that the advertisement was mere sales puff. Performing the stated act, buying and using the product as directed, is itself both the acceptance and the consideration, so no separate confirmation from the retailer is required.
Authority: Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256.
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