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Chapter

Cover Business Law Concentrate

3. Contract II: mistake, misrepresentation, duress, and undue influence  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for and how to achieve extra marks. This chapter considers contract law and the factors that may affect the contract or its validity: mistake, misrepresentation, duress, and undue influence. A contract may be held void due to a fundamental mistake, as the parties did not have a true agreement. An action under misrepresentation is available if an untrue representation is considered ‘actionable’. If a contract is established on the basis of violence (or a threat), or unlawful economic pressure, this may be considered to be a case of duress. Where undue influence has been used to form the contract, it will be voidable.

Chapter

Cover Business Law Concentrate

5. Contract IV: discharge of contract and remedies for breach  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for and how to achieve extra marks. This chapter focuses on contract law. It discusses the discharge of contracts and the remedies for breach of contract where one of the parties has failed in their contractual obligations. Contracts can be discharged through performance, agreement, frustration, or breach. In the event of frustration, the parties can establish their own remedies or they can rely on the provisions developed through the Law Reform (Frustrated Contracts) Act 1943. Remedies have been established through the common law and equity. Damages are the primary remedy in most cases, but equitable remedies include specific performance, injunctions, and rectification.

Chapter

Cover Business Law Concentrate

2. Contract I: essential features of a contract  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the essential features of a contract. Offer and acceptance are the first stages in establishing an agreement that may form a legally binding contract. An offer may be accepted at any point until it is terminated. Acceptance can only be made by the offeree or their agent. Consideration is the bargain element of a contract and may be referred to as the ‘price of a promise’. The parties must intend for an agreement to establish legal relations to create an enforceable contract. Presumptions exist in relation to social/domestic agreements and business/commercial agreements.

Book

Cover Contract Law Concentrate

Jill Poole, James Devenney, and Adam Shaw-Mellors

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Contract Law Concentrate contains a wealth of information on the field of contract law to aid with revision and understanding the elements of the contract law syllabus. It looks specifically at the components of agreement, enforceability criteria comprising intention to create legal relations, consideration, and the doctrine of promissory estoppel. It also focuses on some problems associated with reaching agreement, such as whether the terms are sufficiently certain, and mistakes which prevent agreement. The doctrine of privity determines who has the ability to enforce the contract and whether a third party can take the intended benefit of a contract. Contract Law Concentrate focuses on the terms (or promises) of the contract and breach of contract when those promises are broken. It also examines exemption clauses and unfair contract terms. Next it looks at remedies for the breach of contract. It then turns to contractual impossibility and risk where the default rules of common mistake (initial impossibility) and frustration (subsequent impossibility) will determine the parties’ positions in the absence of party allocation. Finally, it outlines contractual remedies for actionable misrepresentations and looks briefly at the common law doctrine of duress and the equitable doctrine of undue influence.

Chapter

Cover Concentrate Questions and Answers Employment Law

4. Termination of the contract of employment  

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about termination of the contract of employment. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of termination of the employment contract including the different ways a contract may be terminated, the meaning of dismissal, the right to reasonable notice, and wrongful dismissal. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

Chapter

Cover Company Law Concentrate

3. The constitution of the company  

This chapter discusses the company constitution. A company’s constitution consists primarily of the articles of association and agreements and resolutions affecting the company’s constitution. The constitution forms a statutory contract between the company and its members, and between the members themselves, but only those provisions relating to membership rights will constitute terms of the statutory contract. A company can alter its articles by passing a special resolution, although statute and the common law restrict a company’s ability to alter its articles.

Chapter

Cover Business Law Concentrate

4. Contract III: contractual terms and statutory protection  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses contractual terms and statutory protection. Parties to a contract may express terms and/or terms may be implied. The sources and effects of implied terms are essential to the rights of the parties and obligations imposed on them. Terms can be implied through the courts, through customs, and from statute. Terms are identified as conditions, warranties, or innominate and this distinction is relevant when identifying remedies for breach. Statutes regulate the rights and obligations applicable to consumers and traders. These include the Sale of Goods Act 1979, the Unfair Contract Terms Act 1977, and the substantial changes in contracts between consumers and traders introduced through the Consumer Rights Act 2015.

Chapter

Cover Business Law Concentrate

8. Employment II: termination—wrongful dismissal, unfair dismissal, and redundancy  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the law on the termination of the employment contract. Employees have a statutory right not to be unfairly dismissed and the Employment Rights Act (ERA) 1996 identifies the criteria to be satisfied in order for the employee to gain protection. The common law protects against wrongful dismissal and provides tests and guidance for situations involving a breach of an employment contract. The chapter also considers redundancy situations. As this is governed by statute, it is necessary to appreciate the obligations imposed on the employer to adopt fair procedures.

Chapter

Cover Employment Law Concentrate

2. Contracts of employment  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses employment contracts. Covenants potentially in restraint of trade are express written terms which may apply during the contract, but are usually expressed to apply after termination. They are a rare illustration of contractual terms, which must be in writing. The general purpose of these is to prevent a former employee competing against his former employers; for example, by taking commercially confidential information or influencing customers to give their business to the firm he has joined. The Supreme Court has recently ruled on the width of the doctrine of severance of such covenants. Topics covered include the provision of the written statement, a right which employees have enjoyed since 1963, but which was extended to workers in 2020; the sources of terms in employment contracts; duties of the employer; and duties of the employee. These duties or implied terms are divided into terms implied in law (ie inserted into every contract of employment) and terms implied in fact (ie inserted into a particular contract of employment). The latter are divided into terms implied in fact which work against the employers’ interests and terms which work against the employees’ interests. Examples of the former include the duty to pay wages; examples of the latter include the duty to obey reasonable orders.

Chapter

Cover Employment Law Concentrate

8. Variation, breach, and termination of employment  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses variations of terms and conditions of employment. Theoretically, neither employer nor employee can unilaterally alter the terms and conditions of employment. A unilateral variation that is not accepted will constitute a breach and, if serious, could amount to a repudiation of the contract. A repudiation does not automatically terminate a contract of employment. In order to justify summary dismissal, the employee must be in breach of an important express or implied term of the contract.

Chapter

Cover Concentrate Questions and Answers Contract Law

2. Offer and Acceptance  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. This chapter outlines a number of questions that need to be posed in answering exam questions about the rules of offer and acceptance and certainty of terms. First, has an offer been made? Secondly, if an offer has been made, has the offeree unequivocally accepted this offer? Thirdly, has the acceptance been communicated effectively? Fourthly, at the moment when the acceptance is deemed to have been effective, is the offer still open? Fifthly, are there any exceptions to the aforesaid rules of offer and acceptance? Finally, is an agreement sufficiently certain?

Chapter

Cover Concentrate Questions and Answers Contract Law

5. Exemption Clauses and Unfair Terms  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. This chapter focuses on the regulation of exclusion/exemption clauses and other potentially unfair terms. It discusses both common law (such as approaches to incorporation and interpretation) and statutory regulation (such as the Unfair Contract Terms Act 1977 and the Consumer Rights Act 2015). It also explores two key debates: the nature of an exemption clause, and the tension between freedom of contract and judicial and statutory intervention in the context of exemption clauses.

Chapter

Cover Concentrate Questions and Answers Contract Law

6. Misrepresentation  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. Misrepresentation is defined as a false statement of fact, made pre-contractually, which is intended to induce the representee to enter into a contract and which has that effect. If an actionable misrepresentation is found to exist a court will then need to consider the available remedies. This chapter considers the following issues relevant to answering any problem question on misrepresentation. Has there been a false statement of fact? Is there evidence of inducement? What type of misrepresentation has potentially been made? What remedies are potentially available? Has liability for misrepresentation been effectively excluded? Has there been a breach of contract?

Chapter

Cover Contract Law Concentrate

5. Terms and breach of contract  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses how to identify the contractual obligations assumed by the parties in their contract, distinguishing terms (promises) and representations (non-promissory inducements to contract), and identifying the express and implied terms. It also looks at standards of performance, how to identify broken promises as a prelude to considering the remedies for breach of contract, and whether it is possible to opt not to continue to perform further contractual obligations following the other party’s breach.

Chapter

Cover Contract Law Concentrate

6. Exemption clauses and unfair contract terms  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the use and enforceability of exemption clauses (total exclusion or limitation of liability clauses inserted into contracts) and their legislative regulation. Whereas the regulation of such clauses is limited to the common law and UCTA 1977 in the case of commercial contracts (B2B), in the case of consumer contracts (B2C) the law intervenes to control a broader category of terms, ‘unfair contract terms’ (Consumer Rights Act 2015) with the critical test being ‘unfairness’.

Chapter

Cover Concentrate Questions and Answers Employment Law

14. Mixed topic questions  

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions which cover a mixture of topics. The questions require you to cover a range of material covered in your module. Through a mixture of problem questions and essays, students are guided through a combination of topics that may typically be examined together in an employment law question. Guidance is given on how best to approach mixed questions including the benefits of not viewing topics in isolation and how best to demonstrate the range and depth of knowledge required in a mixed topic question.

Chapter

Cover Concentrate Questions and Answers Employment Law

3. Express and implied terms  

The Q&A series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary, and illustrative diagrams and flowcharts. This chapter presents sample exam questions about express and implied terms. Through a mixture of problem questions and essays, students are guided through some of the key issues on the topic of express and implied terms including the different sources of employment law, when terms of collective agreements may be incorporated into the contract of employment, the rules regarding custom and practice, and discussion of important implied terms such as the implied term of trust and confidence. Students are also introduced to the current key debates in the area and provided with suggestions for additional reading for those who want to take things further.

Chapter

Cover Company Law Concentrate

3. The constitution of the company  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the company constitution. A company’s constitution consists primarily of the articles of association and agreements and resolutions affecting the company’s constitution. The constitution forms a statutory contract between the company and its members, and between the members themselves, but only those provisions relating to membership rights will constitute terms of the statutory contract. A company can alter its articles by passing a special resolution, although statute and the common law restrict a company’s ability to alter its articles.

Chapter

Cover Concentrate Questions and Answers Contract Law

10. Frustration  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. This chapter discusses the doctrine of frustration. It outlines three key questions that need to be posed in addressing issues of possible frustration. Is there a radical change in circumstances? Does any rule of law render frustration inoperative? What are the effects of frustration? It explores two key debates: the fact that a self-induced event will not frustrate a contract, and the consequences of frustration under the Law Reform (Frustrated Contracts) Act 1943.

Chapter

Cover Concentrate Questions and Answers Contract Law

13. Privity of Contract  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, answer plans and suggested answers, author commentary, and other features. This chapter explores the privity of contract. Traditionally the doctrine of privity of contract regards contract as based upon agreement and consequently only the parties to that agreement can enforce it. This chapter discusses common law limitations to the doctrine of privity; common law attempts to evade privity; and statutory developments. It covers the Contracts (Rights of Third Parties) Act 1999, including the freedom given to the contracting parties to exclude the provisions of the Act, or to set out procedures for post-contractual variation of arrangements that avoid the need to obtain the third party’s consent.