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Rules and Theory of Contract

  • 1 subtopics
  • 6 things to know
  • Component 4
  • Component 4 option, sat instead of human rights

What Rules and Theory of Contract covers

What makes an agreement binding and the values the law of contract balances.

Where it is assessed

Component 4

The law of contract, the alternative option for the third paper.

Check the OCR specification ↗

The 1 subtopics

Each one has its own page.

What you need to know

Answer each one before you reveal it.

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Key term

What must be present for a contract to be binding?

Evaluation

What tensions run through the law of contract?

Key term

What is a contract?

Key term

What are the essential requirements for a valid contract?

Key term

What is meant by freedom of contract?

Key term

What is the objective approach to agreement?

Take Rules and Theory of Contract further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

  • Bilateral contract vs Unilateral contract

    Bilateral contract: one in which each party promises something to the other. Unilateral contract: one in which a party promises to pay if the other performs an act.

  • Freedom of contract vs Inequality of bargaining power

    Freedom of contract: the principle that parties may agree whatever terms they choose. Inequality of bargaining power: the reality that one party may be unable to negotiate at all.

  • Objective approach vs Subjective approach

    Objective approach: asking what a reasonable person would understand the parties to have agreed. Subjective approach: asking what each party privately intended.

Questions from this topic

Each one with the model answer underneath.

  1. 1

    What is a contract?

    Model answer

    A legally binding agreement between two or more parties which the courts will enforce.

  2. 2

    What are the essential requirements for a valid contract?

    Model answer

    Offer, acceptance, consideration and an intention to create legal relations, with capacity and legality assumed.

  3. 3

    What is meant by freedom of contract?

    Model answer

    The classical principle that parties should be free to agree whatever terms they choose without the state dictating them.

  4. 4

    How has freedom of contract been limited in modern law?

    Model answer

    By statutory controls such as the Consumer Rights Act 2015 and by rules on unfair terms, which protect the weaker party.

  5. 5

    What is the objective approach to agreement?

    Model answer

    The courts ask what a reasonable person would understand the parties to have agreed, not what either privately intended.

  6. 6

    What is the doctrine of privity of contract?

    Model answer

    Only a party to a contract may sue or be sued on it, subject to the exceptions in the Contracts (Rights of Third Parties) Act 1999.

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Rules and Theory of Contract revision questions

What does Rules and Theory of Contract cover in OCR A-Level Law?
1 subtopics: the rules and theory of contract. Each one has its own page with questions and model answers.
How is Rules and Theory of Contract organised?
By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.

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