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Contract Terms

  • 6 subtopics
  • 20 things to know
  • Paper 3
  • Paper 3, the law of contract — one of two options

What Contract Terms covers

Express and implied terms, conditions and warranties and the remedies each attracts, the Consumer Rights Act 2015, and exclusion clauses.

Where it is assessed

Paper 3

Law of contract, one of two options.

Check the AQA specification ↗

The 6 subtopics

Each one has its own page.

What you need to know

Answer each one before you reveal it.

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Key term

What are express terms in a contract?

Key term

Name the three sources from which implied terms may be incorporated into a contract.

Key term

Why might a court imply a term to give business efficacy to a contract?

Key term

Define a condition in contract law.

Key term

Can an innocent party terminate a contract for breach of warranty?

Key term

What remedy is available if breach of an innominate term has only minor consequences?

Key term

What quality standard does Section 9 of the Consumer Rights Act 2015 require goods to meet in consumer contracts?

Key term

What remedy does Section 20 of the Consumer Rights Act 2015 provide when an implied term in a goods contract is breached?

Key term

How does the Consumer Rights Act 2015 treat remedies for breach of implied terms in goods contracts compared to services contracts?

Key term

What is an exclusion clause?

Key term

What is the purpose of construction rules when applied to exclusion clauses?

Key term

What does the reasonableness test under UCTA 1977 require a court to consider?

Key term

What requirement does section 9 of the Consumer Rights Act 2015 impose on goods supplied under a contract?

Key term

What remedy does section 20 of the Consumer Rights Act 2015 provide to consumers?

Key term

What remedies are available under section 24 of the Consumer Rights Act 2015?

Key term

What standard must services meet under section 49 of the Consumer Rights Act 2015?

Key term

What remedy does section 55 of the Consumer Rights Act 2015 provide for breach of an implied term in a services contract?

Key term

What remedy does section 56 of the Consumer Rights Act 2015 provide for services that breach an implied term?

Process

How may express terms be communicated, and from what sources are terms implied?

Process

What remedies follow breach of a condition, and what is a warranty and its remedy?

Take Contract Terms further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

  • Express term vs Implied term

    Express term: a term the parties themselves stated. Implied term: a term read in by statute, custom or the courts.

  • Innominate term vs Condition

    Innominate term: a term whose remedy depends on how serious the consequences of breach turn out to be. Condition: a term going to the root of the contract, breach of which allows repudiation.

  • Representation vs Term

    Representation: a statement inducing the contract but not forming part of it. Term: a statement forming part of the contract itself.

Questions from this topic

Each one with the model answer underneath.

  1. 1

    What are express terms in a contract?

    Model answer

    Express terms are terms that have been explicitly agreed upon by the parties to a contract, whether orally or in writing.

  2. 2

    How can express terms be communicated between contracting parties?

    Model answer

    Express terms can be communicated either orally or in writing.

  3. 3

    What are implied terms in a contract?

    Model answer

    Implied terms are terms that have not been expressly stated by the parties but are incorporated into the contract by statute, custom, or the courts.

  4. 4

    Name the three sources from which implied terms may be incorporated into a contract.

    Model answer

    Statute, custom, and the courts.

  5. 5

    Give two examples of statutes that may imply terms into contracts.

    Model answer

    The Sale of Goods Act 1979 and the Consumer Rights Act 2015.

  6. 6

    When may terms be implied into a contract by custom or trade usage?

    Model answer

    Where there is a well-established practice in a particular trade or locality.

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Contract Terms revision questions

What does Contract Terms cover in AQA A-Level Law?
6 subtopics: express and implied terms, conditions, warranties and their remedies, the consumer rights act: goods, exclusion and limitation clauses, the consumer rights act: quality and fitness and the consumer rights act: services. Each one has its own page with questions and model answers.
How is Contract Terms organised?
By the AQA 7162 specification, subtopic by subtopic, so it matches the order you are taught it in.

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