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
Formation of a Contract
Consideration, Privity and Legal Relations
- 3 things to know
- Paper 3
Overview
Recall questions on existing duties and part payment as consideration, privity and the Contracts (Rights of Third Parties) Act 1999, and the presumptions about intention to create legal relations in domestic and commercial agreements.
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
What is meant by privity of contract?
Key term
What presumption applies to domestic and social agreements regarding intention to create legal relations?
Questions from this subtopic
Each one with the model answer underneath.
- 1
Does performing an existing duty owed to the promisor constitute good consideration?
Model answer
Generally no, unless a practical benefit is conferred on the promisor beyond the existing duty.
- 2
Is part payment of a debt good consideration for a promise to release the balance?
Model answer
No, part payment alone is not good consideration unless accompanied by fresh consideration.
- 3
What is meant by privity of contract?
Model answer
Privity of contract means only the parties to a contract can acquire rights or be subject to obligations under it.
- 4
Can a third party who is not privy to a contract sue to enforce a benefit promised under it?
Model answer
Generally no; a third party who is not privy to the contract cannot sue to enforce a benefit promised under it.
- 5
Under what circumstances does the Contracts (Rights of Third Parties) Act 1999 allow a third party to enforce a contractual term?
Model answer
A third party may enforce a term if the contract expressly provides for this or if the contract purports to confer a benefit on them.
- 6
What is intention to create legal relations?
Model answer
It is the requirement that the parties intend their agreement to be legally binding.
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