Structure for topics.

Question 1

CRA 2015

Answer 1

Intro

1. has right under….
2. s.2(2)-define trader
3. s.2(3)-define consumer
4. …. is a consumer of..

[if required] s.9

[if required] s.10

[if required] s.11

[if required] s.49

[if required] s.52

[if required] exclusion clauses (common law then CRA 2015)

Remedies
Products
1. s.20
2. s.23
3. s.24

Services
1. s.55
2. s.56

Question 2

Exclusion clauses where CRA 2015 does not apply.
(likely to form longer essay-NOT on own)

Answer 2

Common law rules

Unfair Contract Terms Act 1977
s.2
s.3
s.11 and Schedule 2

Question 3

Misrepresentation

Answer 3

Intro
Representation or term?
4 factors.

Misrepresentation-Yes or no
5 tests.

Type of misrepresentation
Fraudulent-define
Negligent-define (Common law and s.2(1) of Misrepresentation Act 1967)
Innocent misrepresentation

Remedies
2 remedies = rescission and/or damages

Fraudulent = rescission and/or damages (even when not foreseeable loss)
Negligent = rescission and/or damages (common law and Act)
Innocent = Rescission or damage (NOT BOTH).

Question 4

Economic duress

Answer 4

Intro
1. may be able to claim
2. define economic duress
3. Case

3 tests
1-compulsion/lack of practical choice
2-illegitimate pressure-4 factors.
Can be illegitimate even when lawful
3-induced C into entering contract

Remedy
Restitution-property/money returned

Question 5

Justice

Answer 5

1. Basic definition of justice and idea of ‘natural justice’
2. Aristotle’s belief of just society and distributive and corrective society
3. Basis for justice-Aquinas/Bentham
4. Role of state and wealth distribution-Nozick/Marx
5. Rawls idea of justice

5 marks
6. Choose area of law (how it operates, based on justice (refer to theories), not based on justice (refer to theories), mini judgement)

7. Choose area of law (how it operates, based on justice (refer to theories), not based on justice (refer to theories), mini judgement)

Question 6

Morality

Answer 6

1. Definitions in brief
2. Relationship between law and morality (differences and how they lead to each other)
3. Should law uphold moral values? [if required]

5 marks

4. Choose area of law (how it operates, based on morality (refer to theories), not based on morality (refer to theories), mini judgement)
5. Choose area of law (how it operates, based on morality (refer to theories), not based on morality (refer to theories), mini judgement)