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AS and A Level: Law of Contract

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  • Marked by Teachers essays 8
  1. Marked by a teacher

    "The requirement of consideration is an unnecessary complication in the formation of contracts."

    4 star(s)

    Act 1989, etc required some classes of contracts to be evidenced in writing. As contracts are promises which have legal sanctity, they are binding on the parties that have entered into the contract and compel them to act or not to act in a particular way and consideration is said to be a price agreed upon to be paid for the promisor's promise. A valuable consideration is defined in the case of Currie v Misa[1875] as some right, interest, profit or benefit accruing to on party or some forbearance, detriment, loss of responsibility, give, suffered or undertaken by the other party.

    • Word count: 3458
  2. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    Thus, an objective standard is applied The Objective Test * Contract is an agreement giving rise to obligation which are enforced/recognised by law * The objective test ; ' a person is bound "whether his real intention may be" if " a reasonable man could believe that he was assenting to the term proposed by the other party and that other party upon that believe enters into a contract with him" * The objective test is as a safeguard from prejudice for the offeree * Exception is only when the offeree knew that the offeror have no real intention to

    • Word count: 6539

Conclusion analysis

Good conclusions usually refer back to the question or title and address it directly - for example by using key words from the title.
How well do you think these conclusions address the title or question? Answering these questions should help you find out.

  1. Do they use key words from the title or question?
  2. Do they answer the question directly?
  3. Can you work out the question or title just by reading the conclusion?
  • "Everyone has the right to respect for their family life." Discuss this statement in light of s.8 of the ECHR and the case of EM (Lebanon (FC) (Appellants) (FC) v Secretary of State for the Home Department

    "Conclusion To sum up my essay I would say that I agree with the decision of the House of Lords because as said in court, the evidence is compelling that sending the mother and son back to Lebanon would completely tear apart the essence of their family life as the mother would be charged with kidnap and due to Lebanese law the child would be handed over to the father, and still if the father were found to be unfit as the parent, the son would be passed to the paternal grandfather or a member of the fathers family, not however the mother. I can see the reasons for the case against her because in a way once she would be back in Lebanon she would no longer have that right since Lebanon is not a member of the convention however essentially it would be down to the United Kingdom for not respecting EM's right to a family life."

  • Critically evaluate what in law will amount to an offer

    "In conclusion invitations to treat and inquiries are not offers, therefore this in law will not amount to an offer, however if there is an offer and it is specific between 2 people, then this will be deemed as a legitimate offer. Similarly if the offer is implied it can still be deemed to be an offer. By Ford-Western 13L"

  • Explain what is meant by an unfair term in a contract and describe and evaluate the effect(s) thereon of the Unfair Terms in Consumer Contracts Regulations 1999

    "In conclusion I would say that the effect of the Unfair Terms in Consumer Contracts Regulations 1999 on whether a term is to be deemed fair or unfair prevents an injustice on consumers who may not have strong bargaining power against larger corporations. The regulations have also given more qualifying bodies the right to take action against unfair contracts which will most likely help decrease the level of unfair terms in future contracts and greater equality for consumers. An advantage of the 1999 regulations is that they take into account the previous 1977 and 1994 regulations which mean that there is greater protection for consumers from unfair terms. The fact that the regulations are confined in their scope to consumer contract means that it is kept out of the commercial sphere where the need for certainty is greatest. So the uncertainty which the regulations will initially create is not the grave cause for concern which it would be if it applied to international contracts for the sale of goods.16 Overall the 1999 Regulations have had a significant effect on unfair terms, which will must likely result in a decrease of unfair terms being used in contracts."

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