Key term
OCR A-Level Law H418
Civil Courts and Other Forms of Dispute Resolution
Criminal Courts and Lay People
Legal Personnel
Access to Justice
Rules and Theory of Criminal Law
General Elements of Criminal Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Offences Against Property
Mental Capacity Defences
Preliminary Offences
Evaluation in Criminal Law
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
European Union Law
Rules and Theory of Tort
Liability in Negligence
Occupiers’ Liability
Torts Connected to Land
Vicarious Liability
Defences
Remedies in Tort
Evaluation in Tort
Introduction to the Nature of Law
Law and Society
Rules and Theory of Human RightsHuman rights
Protection of the Individual’s Human Rights and Freedoms in the UKHuman rights
Key Provisions of the European Convention on Human RightsHuman rights
Human Rights and English LawHuman rights
Enforcement of Human Rights LawHuman rights
Evaluation in Human RightsHuman rights
Rules and Theory of ContractContract
FormationContract
Vitiating FactorsContract
Remedies in ContractContract
Evaluation in ContractContract
Discharge
- 2 subtopics
- 6 things to know
- Component 4
- Component 4 option, sat instead of human rights
What Discharge covers
How a contract comes to an end, whether properly or otherwise.
Where it is assessed
Component 4
The law of contract, the alternative option for the third paper.
Check the OCR specification ↗The 2 subtopics
Each one has its own page.
- Discharge by frustrationRecall questions on frustration through impossibility, supervening illegality and frustration of purpose, when a claim fails or is self-induced, and the recovery of money, expenses and valuable benefits under the Law Reform (Frustrated Contracts) Act 1943.Open →
- Discharge by performance and breachRecall questions on discharge by performance, tender, severable contracts, substantial and partial performance and delay, on repudiatory breach of conditions, warranties and innominate terms, and on anticipatory breach and the choice to accept or affirm.Open →
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
When can a party who has not completed performance still claim payment?
Key term
What happens to money paid before frustration under the 1943 Act?
Key term
What is frustration of purpose as a ground for claiming frustration?
Numbers
What statute governs the financial consequences of frustration?
Key term
How is a contract discharged through performance?
Take Discharge further
The same content, four other ways.
Commonly confused
Pairs that lose marks when they are blurred together.
Discharge by performance vs Discharge by agreement
Discharge by performance: ending a contract by doing exactly what was promised. Discharge by agreement: ending it because both parties consent to release each other.
Substantial performance vs Entire obligation
Substantial performance: performance falling only slightly short, which still allows payment less a deduction. Entire obligation: a duty that must be performed completely before payment falls due.
Actual breach vs Anticipatory breach
Actual breach: a failure to perform when performance is due. Anticipatory breach: an indication before performance is due that it will not be given.
Questions from this topic
Each one with the model answer underneath.
- 1
Define frustration in contract law.
Model answer
Frustration occurs when an unforeseen event, beyond the control of either party, makes performance of the contract impossible, illegal, or radically different from what was contemplated.
- 2
How can impossibility of performance serve as a ground for frustration?
Model answer
Where an unforeseen event makes it physically or practically impossible to perform the contract, this constitutes a ground for claiming frustration.
- 3
How does supervening illegality operate as a ground for frustration?
Model answer
Where a change in law after contract formation makes performance illegal, this constitutes a ground for claiming frustration.
- 4
What is frustration of purpose as a ground for claiming frustration?
Model answer
Frustration of purpose occurs where the commercial purpose of the contract becomes impossible, even though physical performance remains possible.
- 5
In what circumstances will a claim of frustration fail?
Model answer
Frustration cannot be claimed where the event was foreseeable, was caused by one party's own conduct, or was provided for in the contract.
- 6
What is self-induced frustration and what is its effect?
Model answer
Self-induced frustration occurs when a party causes the frustrating event themselves. It does not discharge the contract, as a party cannot rely on frustration they have caused.
What is inside Levo
Six ways to work the same material.
Discharge revision questions
- What does Discharge cover in OCR A-Level Law?
- 2 subtopics: discharge by frustration and discharge by performance and breach. Each one has its own page with questions and model answers.
- How is Discharge organised?
- By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.
Every question in Discharge, 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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