Key term
AQA A-Level Law 7162
The Nature of Law
Topic overviewDistributive and Corrective JusticeTheories of Justice: Rawls, Nozick and MarxWhat Law Does in SocietyHow Law and Morality Are EnforcedMoral Diversity in a Pluralist SocietyThe Hart-Devlin DebateProcedural Justice and UtilitarianismThe Rule of Law: Core RequirementsLaw, Rights and the Resolution of DisputesFault and Strict LiabilityWhere Law and Morality OverlapWolfenden and R v BrownAristotle on JusticeJustice through Civil and Criminal LawCriminal and civil law comparedCustom, statute and common law as sourcesEquality, Fairness and Clarity before the Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Topic overviewArticle 2 and Article 5: Life and LibertyArticle 11 and the Conditions for RestrictionRights, Liberties and Correlative DutiesThe Scope of Fundamental Human RightsArticle 2 Exceptions and the Article 5 GuaranteeInterfering with Article 8 RightsArticle 10: Freedom of Expression and Its LimitsThe Human Rights Act and Categories of Rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Topic overviewFreedom of Association and Its LimitsArticle 2: Justified Deprivation of LifeArticle 5: Lawful Arrest and DetentionArticle 8: Private and Family LifeArticle 11: What It ProtectsArticle 2: Negative and Positive ObligationsThe Article 2.2 Exceptions in DetailArticle 5.1: Liberty and Security of PersonDetention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and ReviewArticle 10.1: Freedom of ExpressionWhich Paragraphs Permit RestrictionThe Grounds for Lawful DetentionEnforcing Rights in Strasbourg and by Judicial Review
Restrictions and EnforcementHuman rights
Topic overviewThe Common Requirements for RestrictionsLegitimate Aims and ProportionalityBringing a Claim to the Strasbourg CourtArticle 46, Judicial Review and Section 7 ClaimsPrescribed by Law and Necessary in a DemocracyLegitimate Aims for Restricting Articles 10 and 11Enforcement in Strasbourg and at HomeThe Two General Conditions for RestrictionLegitimate Aims across Articles 8, 10 and 11Who May Claim and How Rights Are EnforcedSupervising Judgments and Judicial Review Remedies
Reform of Human Rights LawHuman rights
Contract: Rules and Theory
Freedom of Contract and Contract Formation
- 4 things to know
- Paper 3
Overview
Recall questions on freedom of contract and consumer protection, offers, invitations to treat and unilateral contracts, acceptance and the postal rule, consideration, privity and economic duress.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
Why is the distinction between an offer and an invitation to treat legally significant?
Key term
Does the postal rule apply to instantaneous electronic communications such as email?
Process
Why do consumers need protection, and what distinguishes an offer from an invitation to treat?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What does the theory of freedom of contract hold regarding parties' ability to make agreements?
Model answer
Parties should be free to enter into agreements on whatever terms they choose, with minimal state interference.
- 2
What assumption underlies the principle of freedom of contract regarding the parties involved?
Model answer
It assumes parties have equal bargaining power and can negotiate terms that serve their mutual interests.
- 3
Why does the law recognise a competing need to protect consumers against absolute freedom of contract?
Model answer
Consumers typically have weaker bargaining power than businesses and may lack the expertise to understand complex contractual terms.
- 4
How does consumer protection legislation restrict freedom of contract?
Model answer
It imposes mandatory terms and prohibits unfair practices, limiting the parties' ability to agree on any terms they wish.
- 5
Define an offer in contract law.
Model answer
A definite promise to be bound on specific terms, capable of acceptance to form a binding contract.
- 6
What is an invitation to treat?
Model answer
An indication of willingness to negotiate or receive offers, not a promise to be bound.
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