SQE2 Contract General

Question 1

What to consider in contract cases

Answer 1

1. Is there a contract
   - offer
   - acceptance
   - consideration
   - intention to create legal relations
2. Is term breached
   - is there a term
   - express/implied
3. Effect of Breached Term
   - condition/warranty
   - remedies available
4. Is exclusion clause effective
   - incorporated
   - construed
   - prohibited
5. Was there undue influence and effect
   - presumed
   - duress
   - void
6. Was there misrepresentation
   - was there
   - is rescission available
   - are damages available
7. Frustration
   - has it been frustrated
   - is there force majeur clause
   - how are liabilities apportioned