CONTRACT LAW - OCR A LEVEL
LAW EXAM QUESTIONS AND
ANSWERS
Special knowledge or skill of person making statement case - Answer-Chess V
Williams: C was more knowledgeable on cars as a car dealer than D; only
representation
Timing between making statement and making of contract - Answer-where statement is
not referred to in contract - more time passed between, less likely to be considered a
term
Timing between making statement and making of contract case - Answer-Routledge V
Mackay: lapse of time - representation
Agreements in writing - Answer-if the agreement is in writing; the statement is not
included - representation
Implied terms - Answer-not expressly agreed between parties; implied by common law
or statute
Types of implied terms - Answer-- implied by fact
- implied by custom
- implied by prior dealings
- implied by statute / law
Implied by fact - Answer-terms which it is assumed that both parties would have
intended to include in the contract if they had thought about it. cannot be implied just
because it would seem fair
Implied by fact test - Answer-either can be satisfied
- to give contract business efficacy
- officious bystander test
Business efficacy - Answer-"make it work" - in commercial settings (??) if not implied,
the contract would lack commercial or practical coherence
Business efficacy case - Answer-The Moorcock
Officious bystander test - Answer-implied if its so obvious that it goes without saying.
,Officious bystander effect case - Answer-Shirlaw V Sothern Foundries
Implied by custom - Answer-terms implied because of an established local custom or
custom of particular trade.
Implied by custom case - Answer-Hutton V Warren
Implied by prior dealing - Answer-court may imply terms that reflect the previous
dealings between parties rather than voiding agreement
Implied by prior dealings case - Answer-Hillas V Arcos
Types of terms implied by law - Answer-- by the courts
- by statute (the consumer rights act)
Implied by courts case - Answer-Liverpool city council V Irwin
Implied by statute - Answer-terms implied through statutes. one needed to learn for
OCR A level law is "The Consumer Rights Act"
The Consumer Rights Act - Answer-deems that consumer contracts contain certain
terms automatically. applies to contracts between a consumer and a trader
Consumer - Answer-s2(3) defines as: "an individual acting for purpose that are wholly or
mainly outside that individuals trade business, craft or profession"
Trader - Answer-s2(3) defines as: "person acting for purposes relating to that person's
trade, business, craft or profession, whether acting personally or through another
person acting in the traders name"
Terms deemed to be included in a consumer contract for the supply of goods - Answer--
s9: satisfactory quality
- s10: fit for purpose
- s11: goods match description
- s14: goods match a sample seen or examined
The right to satisfactory quality - Answer-s9: every contract to supply goods is treated
as including a term that the quality of the goods is satisfactory
Satisfactory quality - Answer-defined as: meeting the standard that a reasonable person
would regard as satisfactory
Satisfactory quality factors - Answer-- description of goods
- price and other considerations
- all other relevant circumstances (ex: public statement about specific characteristic of
good made by trader, the producer or any representative of the trader or producer)
, Quality of goods factors - Answer-- state and condition:
1. fit for all the purposes for which the goods of that kind are usually supplied
2. appearance and finish
3. freedom from minor defects
4. safety
5. durability
Right to satisfactory goods exception - Answer-when goods are of unsatisfactory
quality. but with rules
The right to satisfactory quality exception - Answer-Unsatisfactory goods which:
- are drawn to the attention of the consumer before contract made
- are examined by consumer before contract made which ought to reveal
- OR in the case of contract to supply goods by sample, which would have been
apparent on a reasonable examination of the sample
The right to fitness for purpose - Answer-s10: where, contract is made, a consumer
makes known to the trader any particular purpose which the consumer is contracting the
goods, there is an implied term that the goods must be reasonably fit for purpose
Fit for purpose case - Answer-Baldry V Marshall: consumer wanted a car for touring.
sales man said "get a bugatti" "ok". wasn't fit for purpose
The right to goods matching description - Answer-s11: every contract to supply goods
by description is to be treated as including a term that the goods will match the
description
Goods must match description case - Answer-Beale and Taylor: car did not match
description; it was 2 cars welded together (frankenstein car)
Rights for goods to match a sample seen or examined - Answer-Ex: if a customer sees
a television on the shop floor and then receives a television in a cardboard box from the
stockroom, TV in box should match the one seen in shop.
Remedies for CRA 2015 - Answer-as well as normal remedies, there is also:
- short term right to reject
- right to repair or replace
- right to a price reduction or final right to reject
Short term right to reject - Answer-s20: - exercised within 30 days (less for perishable
goods)
- consumer made clear that they are exercising this right
- entitled to full refund w/o undue delay and within 14 days
- refund made in same way as payment
LAW EXAM QUESTIONS AND
ANSWERS
Special knowledge or skill of person making statement case - Answer-Chess V
Williams: C was more knowledgeable on cars as a car dealer than D; only
representation
Timing between making statement and making of contract - Answer-where statement is
not referred to in contract - more time passed between, less likely to be considered a
term
Timing between making statement and making of contract case - Answer-Routledge V
Mackay: lapse of time - representation
Agreements in writing - Answer-if the agreement is in writing; the statement is not
included - representation
Implied terms - Answer-not expressly agreed between parties; implied by common law
or statute
Types of implied terms - Answer-- implied by fact
- implied by custom
- implied by prior dealings
- implied by statute / law
Implied by fact - Answer-terms which it is assumed that both parties would have
intended to include in the contract if they had thought about it. cannot be implied just
because it would seem fair
Implied by fact test - Answer-either can be satisfied
- to give contract business efficacy
- officious bystander test
Business efficacy - Answer-"make it work" - in commercial settings (??) if not implied,
the contract would lack commercial or practical coherence
Business efficacy case - Answer-The Moorcock
Officious bystander test - Answer-implied if its so obvious that it goes without saying.
,Officious bystander effect case - Answer-Shirlaw V Sothern Foundries
Implied by custom - Answer-terms implied because of an established local custom or
custom of particular trade.
Implied by custom case - Answer-Hutton V Warren
Implied by prior dealing - Answer-court may imply terms that reflect the previous
dealings between parties rather than voiding agreement
Implied by prior dealings case - Answer-Hillas V Arcos
Types of terms implied by law - Answer-- by the courts
- by statute (the consumer rights act)
Implied by courts case - Answer-Liverpool city council V Irwin
Implied by statute - Answer-terms implied through statutes. one needed to learn for
OCR A level law is "The Consumer Rights Act"
The Consumer Rights Act - Answer-deems that consumer contracts contain certain
terms automatically. applies to contracts between a consumer and a trader
Consumer - Answer-s2(3) defines as: "an individual acting for purpose that are wholly or
mainly outside that individuals trade business, craft or profession"
Trader - Answer-s2(3) defines as: "person acting for purposes relating to that person's
trade, business, craft or profession, whether acting personally or through another
person acting in the traders name"
Terms deemed to be included in a consumer contract for the supply of goods - Answer--
s9: satisfactory quality
- s10: fit for purpose
- s11: goods match description
- s14: goods match a sample seen or examined
The right to satisfactory quality - Answer-s9: every contract to supply goods is treated
as including a term that the quality of the goods is satisfactory
Satisfactory quality - Answer-defined as: meeting the standard that a reasonable person
would regard as satisfactory
Satisfactory quality factors - Answer-- description of goods
- price and other considerations
- all other relevant circumstances (ex: public statement about specific characteristic of
good made by trader, the producer or any representative of the trader or producer)
, Quality of goods factors - Answer-- state and condition:
1. fit for all the purposes for which the goods of that kind are usually supplied
2. appearance and finish
3. freedom from minor defects
4. safety
5. durability
Right to satisfactory goods exception - Answer-when goods are of unsatisfactory
quality. but with rules
The right to satisfactory quality exception - Answer-Unsatisfactory goods which:
- are drawn to the attention of the consumer before contract made
- are examined by consumer before contract made which ought to reveal
- OR in the case of contract to supply goods by sample, which would have been
apparent on a reasonable examination of the sample
The right to fitness for purpose - Answer-s10: where, contract is made, a consumer
makes known to the trader any particular purpose which the consumer is contracting the
goods, there is an implied term that the goods must be reasonably fit for purpose
Fit for purpose case - Answer-Baldry V Marshall: consumer wanted a car for touring.
sales man said "get a bugatti" "ok". wasn't fit for purpose
The right to goods matching description - Answer-s11: every contract to supply goods
by description is to be treated as including a term that the goods will match the
description
Goods must match description case - Answer-Beale and Taylor: car did not match
description; it was 2 cars welded together (frankenstein car)
Rights for goods to match a sample seen or examined - Answer-Ex: if a customer sees
a television on the shop floor and then receives a television in a cardboard box from the
stockroom, TV in box should match the one seen in shop.
Remedies for CRA 2015 - Answer-as well as normal remedies, there is also:
- short term right to reject
- right to repair or replace
- right to a price reduction or final right to reject
Short term right to reject - Answer-s20: - exercised within 30 days (less for perishable
goods)
- consumer made clear that they are exercising this right
- entitled to full refund w/o undue delay and within 14 days
- refund made in same way as payment
