Evaluation in Contract

What Evaluation in Contract covers

How well the law of contract works and what reform has been proposed.

The 1 subtopics

Each one has its own page.

• Evaluating the law of contractRecall questions on criticisms of offer and acceptance, consideration and Pinnel's Case, intention to create legal relations, contract terms and exclusion clauses, inequality of bargaining power and damages, reform proposals, and arguments that contract law works well.Open →

What you need to know

Answer each one before you reveal it.

Take Evaluation in Contract further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

• Certainty in contract law vs Fairness in contract law

  Certainty in contract law: the value that parties should know in advance whether an agreement binds them. Fairness in contract law: the value that a bargain should not be enforced where it operates oppressively.

• Codification of contract law vs Incremental development

  Codification of contract law: bringing the rules together into a single statute. Incremental development: letting the rules develop case by case through the courts.

• Consumer protection vs Freedom of contract

  Consumer protection: statutory rules shifting the balance towards the weaker party. Freedom of contract: the classical principle that parties set their own terms.

Questions from this topic

Each one with the model answer underneath.

1. 1

   Give one criticism of the rules on offer and acceptance.

   Model answer

   The postal rule was designed for a slower age and sits awkwardly with instantaneous electronic communication.

2. 2

   Give one criticism of the doctrine of consideration.

   Model answer

   The rule that past consideration is no consideration can defeat agreements the parties plainly intended to be binding.

3. 3

   What is the main criticism of the rule in Pinnel's Case?

   Model answer

   That part payment of a debt discharges nothing produces injustice, which is why promissory estoppel had to be developed around it.

4. 4

   Give one criticism of the law on contract terms.

   Model answer

   The line between a condition, a warranty and an innominate term is often only settled after the breach, which undermines certainty.

5. 5

   Why is the treatment of exclusion clauses said to be complex?

   Model answer

   Control is split between common law incorporation rules, the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015, which apply differently to consumers and businesses.

6. 6

   Give one reform proposal for the law of contract.

   Model answer

   Codification of contract law into a single statute, so the rules are accessible rather than scattered across cases and several Acts.

What is inside Levo

Six ways to work the same material.

Evaluation in Contract revision questions

What does Evaluation in Contract cover in OCR A-Level Law?

1 subtopics: evaluating the law of contract. Each one has its own page with questions and model answers.

How is Evaluation in Contract organised?

By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.