12. Additional Remedies

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. The standard common law remedy of damages will not always prove adequate for the victim of a breach of contract. Equity therefore developed a number of additional remedies, discretionary in nature, aimed at ensuring that a claimant was not unreasonably confined to an award of damages; in particular, specific performance and injunctions. The possibility of awarding restitutionary damages, in part to offset any unjust enrichment secured by a contract-breaker, is also considered.

10. Frustration

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. This chapter discusses the doctrine of frustration. It outlines three key questions that need to be posed in addressing issues of possible frustration. Is there a radical change in circumstances? Does any rule of law render frustration inoperative? What are the effects of frustration?

9. Illegality and Restraint of Trade

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. Illegality is one of the most confusing areas within the law of contract, particularly as regards the consequences of a finding of illegality. This chapter considers recent developments in this general area of law as well as contracts in restraint of trade.

3. Consideration and Intention to Create Legal Relations

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans, suggested answers and other features. This chapter explains the doctrine of consideration and other elements necessary for the enforceability of an agreement, such as an intention to create legal relations. The doctrine of consideration is shaped by three important rules: traditionally consideration must move from the promisee (a party must provide consideration if he is to sue on a promise); consideration must be sufficient but need not be adequate (both parties need only contribute something of value in the eyes of the law to the bargain, however disproportionate); and performance of an existing contract does not normally constitute sufficient consideration for any modification in the terms of that contract. The chapter also looks at the equitable doctrine of promissory estoppel.

2. Offer and Acceptance

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. This chapter outlines a number of questions that need to be posed in answering exam questions about the rules of offer and acceptance and certainty of terms. First, has an offer been made? Secondly, if an offer has been made, has the offeree unequivocally accepted this offer? Thirdly, has the acceptance been communicated effectively? Fourthly, at the moment when the acceptance is deemed to have been effective, is the offer still open? Fifthly, are there any exceptions to the aforesaid rules of offer and acceptance? Finally, is an agreement sufficiently certain?

1. Exam Skills for Success in Contract Law

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. Q&A Law of Contract provides guidance on answering questions on the law of contract. This chapter outlines how the book may be used to aid you in writing answers to contract essay and problem questions.

14. Mixed Topic Questions

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. This chapter introduces students to examination questions which contain overlapping topics. Clearly, if students identify all the relevant areas then they will have established a firm base from which a good answer can be developed. The chapter aims to illustrate how different topics may be contained within one question; the suggested answers offer an explanation of how such questions may be approached in a written answer.

7. Improper Pressure

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. This chapter focuses on the doctrines of undue influence and duress. Between the parties to a con-tract there are broadly two ways that a contract can be avoided for undue influence: through affirmative proof of undue influence or through raising the presumption of undue influence which is not rebutted. As regards duress, there are two main forms: physical and economic. The more common type is economic duress, which focuses on the illegitimate pressure exerted by the dominant party.

6. Misrepresentation

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. Misrepresentation is defined as a false statement of fact, made pre-contractually, which is intended to induce the representee to enter into a contract and which has that effect. If an actionable misrepresentation is found to exist a court will then need to consider the available remedies. This chapter considers the following issues relevant to answering any problem question on misrepresentation. Has there been a false statement of fact? Is there evidence of inducement? What type of misrepresentation has potentially been made? What remedies are potentially available? Has liability for misrepresentation been effectively excluded? Has there been a breach of contract?

5. Exemption Clauses and Unfair Terms

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary and other features. This chapter focuses on the regulation of exclusion/exemption clauses and other potentially unfair terms. It discusses both common law and statutory regulation (such as the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015).