Consideration: Explain the three sets of rules Give examples of what might amount 4 governing consideration. to benefit’. ‘practical past consideration adequacy of consideration Analyse the reasons for, and the Find a media story where something sufficiency of consideration. meaning of, benefit’. has been sold for a nominal sum. ‘practical Privity and intention to create legal Explain privity and intention. Give examples of when the Contract 5 relations: (Rights of Third Parties) Act 1999 Analyse the extent to which the might apply in ordinary life (eg a gift doctrine of privity Contract (Rights of Third Parties) sent directly to the recipient). Act 1999 replaces the common intention. law. Establish when the normal presumptions on commercial and family/social contracts not apply. Economic duress: Identify and illustrate the Prepare a chart showing the 6 elements necessary for economic elements necessary for economic economic duress (definition and duress. duress and illustrate each element remedies) from the cases. Analyse the available remedies. theory of contract law – Students will need to identify what consideration, privity and Compare the options of economic amounts to illegitimate pressure for economic duress. duress and consideration in the purposes of economic duress. altering a bargain. Discharge of a contract: Explain the rule of entire Link this topic with remedies for 7 performance and identify the breach of contract. performance exception. breach Discuss the consequences of liability conditions, warranties and Define breach. for breach of contract being strict (eg innominate terms. a supermarket selling branded but Explain the need for innominate defective goods). terms. Construct a flowchart as a means of deciding whether a) a contract has been breached and b) the appropriate remedy. Think of some simple hypothetical breach scenarios and ask students to
4 Consideration: past consideration adequacy of consideration sufficiency of consideration. Explain the three sets of rules governing consideration. Analyse the reasons for, and the meaning of, ‘practical benefit’. Give examples of what might amount to ‘practical benefit’. Find a media story where something has been sold for a nominal sum. 5 Privity and intention to create legal relations: doctrine of privity intention. Explain privity and intention. Analyse the extent to which the Contract (Rights of Third Parties) Act 1999 replaces the common law. Give examples of when the Contract (Rights of Third Parties) Act 1999 might apply in ordinary life (eg a gift sent directly to the recipient). Establish when the normal presumptions on commercial and family/social contracts not apply. 6 Economic duress: economic duress (definition and remedies) theory of contract law – consideration, privity and economic duress. Identify and illustrate the elements necessary for economic duress. Analyse the available remedies. Compare the options of economic duress and consideration in altering a bargain. Prepare a chart showing the elements necessary for economic duress and illustrate each element from the cases. Students will need to identify what amounts to illegitimate pressure for the purposes of economic duress. 7 Discharge of a contract: performance breach conditions, warranties and innominate terms. Explain the rule of entire performance and identify the exception. Define breach. Explain the need for innominate terms. Construct a flowchart as a means of deciding whether a) a contract has been breached and b) the appropriate remedy. Think of some simple hypothetical breach scenarios and ask students to Link this topic with remedies for breach of contract. Discuss the consequences of liability for breach of contract being strict (eg a supermarket selling branded but defective goods).
AQA-7162-SOW-CL.DOCX