FLK1 · SQE1 module

Contract Law

Contract is one of the most heavily tested FLK1 subjects, and one of the most contested online, which makes accuracy the differentiator rather than volume.

Formation questions (offer, acceptance, consideration, intention) are the most common single best answer pattern, followed by terms, misrepresentation and remedies.

What this module covers

Every topic in Contract Law, in the order the course teaches them. This is the whole syllabus for the module, not a selection.

  1. Formation: Requirements for a Contract
  2. Offer and Invitation to Treat
  3. Termination of Offer
  4. Acceptance, the Postal Rule and Battle of the Forms
  5. Intention to Create Legal Relations
  6. Capacity
  7. Consideration
  8. Privity of Contract and Third-Party Rights
  9. Terms vs Representations; Certainty
  10. Conditions, Warranties and Innominate Terms
  11. Express Terms, the Parol Evidence Rule and Implied Terms
  12. Exclusion Clauses: Incorporation, Construction and Statute
  13. Mistake
  14. Duress and Undue Influence
  15. Illegality and Public Policy; Restraint of Trade
  16. Misrepresentation
  17. Discharge: Agreement, Variation, Performance and Breach
  18. Frustration
  19. Remedies: Damages
  20. Equitable, Restitutionary and Consumer Remedies
  21. Limitation of Actions; Void vs Voidable Contracts

A real question from this module

Answer it before you decide

FLK1 · Contract Law

Question

A retailer advertises that it will pay £50 to any customer who buys its multivitamin, takes it daily for three months as directed, and still catches a cold, adding that £5,000 has been placed in a separate account to meet valid claims. A customer buys the product, follows the instructions for three months, still catches a cold, and claims the £50 without ever contacting the retailer beforehand. Which of the following best describes the customer’s position?

Choose the best answer

Answer B

An advertisement can be a unilateral offer to the world, capable of acceptance by anyone who performs the stipulated act, without any need to communicate acceptance in advance. Evidence of a genuine intention to be bound, such as money set aside to meet claims, displaces the argument that the advertisement was mere sales puff. Performing the stated act, buying and using the product as directed, is itself both the acceptance and the consideration, so no separate confirmation from the retailer is required.

Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256.

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