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
Vitiating Factors
- 4 subtopics
- 14 things to know
- Paper 3
- Paper 3, the law of contract — one of two options
What Vitiating Factors covers
Misrepresentation in its fraudulent, negligent and innocent forms, and the economic duress that can undo consent.
The 4 subtopics
Each one has its own page.
- What Amounts to a MisrepresentationRecall questions on the definition, why a statement of opinion usually will not do, and the timing and other requirements.Open →
- The Elements of an Actionable MisrepresentationRecall questions on the kind of statement required, to whom it must be made, the effect it must have and whether opinion can suffice.Open →
- Types of Misrepresentation and RemediesRecall questions on fraudulent, negligent and innocent misrepresentation, rescission and its four bars, damages for each type and section 2(1) of the Misrepresentation Act, and damages in place of rescission.Open →
- Economic DuressRecall questions on what economic duress is, the pressure required, the victim's position and the effect on their decision.Open →
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
In what way can lapse of time prevent rescission?
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What remedy is available for innocent misrepresentation under section 2(2) of the Misrepresentation Act 1967?
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Can a statement about future intention constitute misrepresentation?
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To whom must the false statement be made, and what must it cause?
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What happens if a false statement is made but the claimant was not influenced by it when entering the contract?
Key term
What is fraudulent misrepresentation?
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What are the three types of misrepresentation?
Key term
How do third party rights bar rescission?
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What is economic duress?
Key term
What causal requirement must be satisfied for economic duress?
Key term
Is a contract affected by economic duress void or voidable?
Process
When must a false statement be made, what is affirmation, and under what tort does deceit lie?
Process
What states of mind make a misrepresentation fraudulent, and how does negligent misrepresentation differ?
Take Vitiating Factors further
The same content, four other ways.
Commonly confused
Pairs that lose marks when they are blurred together.
Misrepresentation vs Mistake
Misrepresentation: a false statement of fact inducing the other party to enter the contract. Mistake: an error about a fundamental matter that may render the contract void.
Fraudulent misrepresentation vs Negligent misrepresentation
Fraudulent misrepresentation: a false statement made knowingly, without belief in its truth or recklessly. Negligent misrepresentation: a false statement made carelessly without reasonable grounds for belief.
Duress vs Undue influence
Duress: illegitimate pressure, historically of violence, overbearing the will. Undue influence: the improper exploitation of a relationship of trust and confidence.
Questions from this topic
Each one with the model answer underneath.
- 1
What is misrepresentation in contract law?
Model answer
A false statement of fact made by one party to another that induces the other party to enter into the contract.
- 2
Why does a statement of opinion generally not constitute misrepresentation?
Model answer
Because misrepresentation requires a statement of fact; statements of opinion or future intention do not qualify as statements of fact.
- 3
At what point in time must a false statement be made for it to constitute misrepresentation?
Model answer
The false statement must be made before or at the time of contracting.
- 4
Besides timing, what additional requirement must the false statement satisfy to amount to misrepresentation?
Model answer
It must induce the other party to enter into the contract.
- 5
Define fraudulent misrepresentation.
Model answer
It occurs where the representor makes a false statement knowingly, without belief in its truth, or recklessly as to whether it is true or false.
- 6
What mental state distinguishes fraudulent misrepresentation from other types?
Model answer
The representor either knows the statement is false, has no belief in its truth, or is reckless as to its truth or falsity.
What is inside Levo
Six ways to work the same material.
Vitiating Factors revision questions
- What does Vitiating Factors cover in AQA A-Level Law?
- 4 subtopics: what amounts to a misrepresentation, the elements of an actionable misrepresentation, types of misrepresentation and remedies and economic duress. Each one has its own page with questions and model answers.
- How is Vitiating Factors organised?
- By the AQA 7162 specification, subtopic by subtopic, so it matches the order you are taught it in.
Every question in Vitiating Factors, on a schedule.
Attempt a question from memory, write the correct version, then attempt it again. Levo records the jump between your first attempt and your last, and brings each question back on the day you are due to forget it.
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