What is a term of a contract?

A statement the parties intend to be a binding part of the contract, breach of which gives a contractual remedy, as opposed to a mere representation.

How may terms be implied at common law?

To give the contract business efficacy, or to give effect to the parties' obvious but unstated intention (the officious bystander test), or through a consistent prior course of dealing.

What key terms does the Consumer Rights Act 2015 imply into consumer contracts for goods?

That the goods are of satisfactory quality, fit for any particular purpose made known to the trader, and as described.

OCR A-Level Law H418

Civil Courts and Other Forms of Dispute Resolution

Topic overview Civil courts: jurisdiction, procedure and appeals Employment tribunals and alternative dispute resolution

Criminal Courts and Lay People

Topic overview The criminal process and classification of offences Appeals and appellate courts Sentencing and the powers of the courts Lay magistrates Juries: selection, role and evaluation

Legal Personnel

Topic overview Barristers, solicitors and legal executives The judiciary and its role Separation of powers and judicial independence Evaluating the judiciary and its independence

Access to Justice

Topic overview Government funding of civil and criminal cases Private funding and advice agencies Evaluating access to justice

Rules and Theory of Criminal Law

Topic overview The rules of criminal law Theories of criminal law

General Elements of Criminal Liability

Topic overview Actus reus: acts, omissions and states of affairs Causation in criminal law Conduct and consequence crimes, strict liability and transferred malice

Fatal Offences Against the Person

Topic overview Murder Voluntary manslaughter Involuntary manslaughter Defences and evaluating fatal offences

Non-Fatal Offences Against the Person

Topic overview Common assault and the offence of assault Battery and section 39 Actual bodily harm, wounding and grievous bodily harm Defences and evaluating non-fatal offences

Offences Against Property

Topic overview Theft Robbery Burglary

Mental Capacity Defences

Topic overview Insanity and automatism Intoxication

General Defences

Topic overview Self-defence, duress and necessity Consent as a defence

Preliminary Offences

Topic overview Attempts Impossibility and attempt

Evaluation in Criminal Law

Topic overview Evaluating criminal law

Parliamentary Law Making

Topic overview The legislative process and Green and White Papers Evaluating parliamentary law making

Delegated Legislation

Topic overview Types of delegated legislation Parliamentary and judicial control of delegated legislation Advantages and disadvantages of delegated legislation

Statutory Interpretation

Topic overview Statutory interpretation and intrinsic aids The literal, golden and mischief rules The purposive approach and evaluating statutory interpretation Extrinsic aids and the Human Rights Act 1998

Judicial Precedent

Topic overview The doctrine of precedent The hierarchy of the courts Binding, persuasive and avoiding precedent

Law Reform

Topic overview The Law Commission and law reform Influences on Parliament

European Union Law

Topic overview Institutions of the European Union Sources of European Union law and direct effect The impact of European Union law on English law

Rules and Theory of Tort

Topic overview The rules and theory of tort

Liability in Negligence

Topic overview Duty of care and causation in negligence Breach of duty Economic loss, psychiatric injury and defective products

Occupiers’ Liability

Topic overview Occupiers' liability to visitors and trespassers

Torts Connected to Land

Topic overview Private nuisance Rylands v Fletcher

Vicarious Liability

Topic overview The nature and purpose of vicarious liability Liability for employees and independent contractors

Defences

Topic overview Defences in tort

Remedies in Tort

Topic overview Compensatory damages Other types of damages and mitigation of loss Injunctions

Evaluation in Tort

Topic overview Evaluating negligence and occupiers' liability

Introduction to the Nature of Law

Topic overview Law, rules and the rule of law Civil and criminal law and the development of English law

Law and Morality

Topic overview Law and morals: legal theory, pluralism and the Devlin-Hart debate

Law and Justice

Topic overview The meaning and theories of justice and how far the law achieves it

Law and Society

Topic overview The role of law in society, social control and moral panic Consensus, conflict, labelling and realist theories of law

Rules and Theory of Human RightsHuman rights

Topic overview The rules and theory of human rights

Protection of the Individual’s Human Rights and Freedoms in the UKHuman rights

Topic overview The European Convention and its history The Human Rights Act 1998 and its impact

Key Provisions of the European Convention on Human RightsHuman rights

Topic overview Articles 5 and 6: liberty and a fair trial Articles 8, 10 and 11: private life, expression and assembly Restricting qualified rights: prescribed by law, legitimate aims and necessity

Human Rights and English LawHuman rights

Topic overview Public order offences and trespass to land Interception of communications and police powers Defamation and obscenity Breach of confidence and harassment

Enforcement of Human Rights LawHuman rights

Topic overview The role of the domestic courts Judicial review The European Court of Human Rights

Evaluation in Human RightsHuman rights

Topic overview Evaluating human rights protection in the UK

Rules and Theory of ContractContract

Topic overview The rules and theory of contract

FormationContract

Topic overview Offer and acceptance Consideration, intention to create legal relations and privity

TermsContract

Topic overview Express and implied terms, types of term and exclusion clauses

Vitiating FactorsContract

Topic overview Economic duress Misrepresentation

DischargeContract

Topic overview Discharge by frustration Discharge by performance and breach

Remedies in ContractContract

Topic overview Damages and other contract remedies

Evaluation in ContractContract

Topic overview Evaluating the law of contract

Terms

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

What Terms covers

What the contract actually says, and which statements form part of it.

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.

Express and implied terms, types of term and exclusion clausesRecall questions on express and implied terms, conditions, warranties and innominate terms, and the control of exclusion clauses.Open →

What you need to know

Answer each one before you reveal it.

Your recallNot started

Key term

How are the terms of a contract classified?

Numbers

What is an innominate term and how is it treated?

Key term

What is the difference between an express and an implied term?

Numbers

Which statute implies terms into consumer contracts for goods and services?

Key term

What are the three types of contractual term classified by importance?

Key term

What is an exclusion (exemption) clause?

Take Terms further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

Condition vs Warranty
Condition: a term going to the root of the contract, breach of which allows repudiation. Warranty: a minor term, breach of which sounds only in damages.
Express term vs Implied term
Express term: a term the parties themselves stated. Implied term: a term read in by statute, custom or the courts.
Innominate term vs Condition
Innominate term: a term whose remedy depends on how serious the consequences of breach prove to be. Condition: a term going to the root of the contract, breach of which allows repudiation.

Questions from this topic

Each one with the model answer underneath.

1
What is a term of a contract?
Model answer
A statement the parties intend to be a binding part of the contract, breach of which gives a contractual remedy, as opposed to a mere representation.
2
What is the difference between an express and an implied term?
Model answer
An express term is one the parties have actually stated, orally or in writing; an implied term is read into the contract by the courts, by statute, or by custom.
3
How may terms be implied at common law?
Model answer
To give the contract business efficacy, or to give effect to the parties' obvious but unstated intention (the officious bystander test), or through a consistent prior course of dealing.
4
Which statute implies terms into consumer contracts for goods and services?
Model answer
The Consumer Rights Act 2015.
5
What key terms does the Consumer Rights Act 2015 imply into consumer contracts for goods?
Model answer
That the goods are of satisfactory quality, fit for any particular purpose made known to the trader, and as described.
6
What are the three types of contractual term classified by importance?
Model answer
Conditions, warranties, and innominate (intermediate) terms.

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Civil Courts and Other Forms of Dispute Resolution

Criminal Courts and Lay People

Legal Personnel

Access to Justice

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The Council of .

EuropeMinistersJustice

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Rapid timed gap-fills on the terms and numbers you need to recall without thinking.

AThe injury to the claimant's rights is small.

BThe injury is capable of being estimated in money.

CThe injury can be adequately compensated by a small payment.

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Royal Assent has not been refused since 1708.

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Short focus games to reset attention, so the next set lands better than the last.

Terms revision questions

What does Terms cover in OCR A-Level Law?: 1 subtopics: express and implied terms, types of term and exclusion clauses. Each one has its own page with questions and model answers.
How is Terms organised?: By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.

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