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
Discharge of a Contract
Remedies for Breach of Contract
- 3 things to know
- Paper 3
Overview
Recall questions on expectation and reliance loss, causation, remoteness and mitigation, specific performance and when it is refused, rescission, termination for breach of a condition or warranty, and the choices after repudiatory breach.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
What is rescission as a contractual remedy?
Process
What do expectation and reliance loss each compensate, and what must be proved about causation?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What are compensatory damages intended to achieve?
Model answer
Compensatory damages are monetary awards intended to put the claimant in the position they would have been in had the contract been performed.
- 2
What does expectation loss compensate for?
Model answer
Expectation loss compensates for the benefit the claimant expected to receive from performance of the contract.
- 3
What does reliance loss compensate for?
Model answer
Reliance loss compensates for expenses incurred by the claimant in reliance on the contract being performed.
- 4
What must a claimant prove to satisfy the requirement of causation in a damages claim?
Model answer
The claimant must prove that the defendant's breach caused the loss suffered.
- 5
How does remoteness limit the recovery of damages?
Model answer
Remoteness limits recoverable damages to losses that were reasonably foreseeable at the time of contracting.
- 6
What is the test for remoteness of damage in contract law?
Model answer
The test is whether the loss arose naturally from the breach or was in the reasonable contemplation of the parties at the time of contracting.
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