AQA_2024: A-level Law - Paper 3A Contract (Merged Question Paper and Marking Scheme)

AQA_2024: A-level Law - Paper 3A Contract (Merged Question Paper and Marking Scheme) Please write clearly in block capitals. Centre number Surname Forename(s) Candidate signat ure A-level LAW I declare this is my own work. Paper 3A Contract Candidate number Monday 10 June 2024 Materials  You will need no other materials. Instructions  Use black ink or black ball-point pen.  Fill in the boxes at the top of this page. Morning  Answer all questions. You must answer the questions in the spaces provided. Do not write on blank pages. Time allowed: 2 hours For Examiner’s Use Question  If you need extra space for your answer(s), use the lined pages at the end of this book. Write the question number against your answer(s).  Do all rough work in this book. Cross through any work you do not want to be marked. Mark 1–5 6 7 8 9 10 11  Questions should be answered in continuous prose. Give reasoned answers. Where appropriate, make reference to cases, statutes and examples. Information  The marks for questions are shown in brackets.  The maximum mark for this paper is 100. TOTAL A-Level Law: Paper 3A - Contract (Monday 10 June 2024) Exam Summary This paper focuses on the key principles of contract law, examining the formation, terms, and enforcement of contracts, as well as the remedies for breach of contract. Key areas typically covered include: 1. Formation of a Contract: o Offer and Acceptance: Understanding how a contract is formed through a valid offer and acceptance, including issues like counteroffers and the communication of acceptance. o Intention to Create Legal Relations: The requirement that the parties intend to be legally bound by the contract. o Consideration: The concept that something of value must be exchanged for the contract to be legally enforceable. 2. Terms of a Contract: o Express Terms: Terms that are specifically agreed upon by the parties. o Implied Terms: Terms that are not expressly stated but are implied by law or by the circumstances. o Conditions and Warranties: The distinction between conditions (terms that go to the heart of the contract) and warranties (less essential terms). 3. Breach of Contract: o Types of Breach: Different types of breaches, such as anticipatory breach and actual breach. o Repudiation: When one party’s actions or statements show an unwillingness to fulfill the contract. o Defenses to Breach: Possible defenses like mistake, duress, undue influence, and frustration. 4. Remedies for Breach: o Damages: The primary remedy for breach of contract, aiming to put the injured party in the position they would have been in if the contract had been performed. o Specific Performance: An equitable remedy where the court orders the breaching party to perform their obligations under the contract. o Injunctions: A court order requiring a party to do, or refrain from doing, something. 5. Vitiating Factors: o Misrepresentation: False statements that induce one party to enter a contract. o Mistake: When one or both parties are mistaken about a key fact in the contract. o Duress and Undue Influence: Situations where one party is pressured or manipulated into entering a contract. This exam assesses students' understanding of these fundamental concepts, applying the rules to various factual scenarios, and evaluating the legal implications and possible outcomes of contract disputes. IB/G/Jun24/G4004/E6 7162/3A 2 Do not write outside the box Answer all questions in the spaces provided. IB/G/Jun24/7162/3A Only one answer per question is allowed. For each question completely fill in the circle alongside the appropriate answer. CORRECT METHOD WRONG METHODS If you want to change your answer you must cross out your original answer as shown. If you wish to return to an answer previously crossed out, ring the answer you now wish to select as shown. 0 1 Select the false statement about forming a contract. [1 mark] A A request for further information in response to an offer is not a rejection of the offer. B An offeror is entitled to specify a precise way in which the offer may be accepted. C The consideration supplied by one party to a contract must be approximately equal in value to that supplied by the other party. D There is a presumption that family members do not intend to create legal relations when making agreements with each other. 0 2 Select the true statement about various aspects of the law of contract. [1 mark] A Breach of a term which is a warranty does not entitle the innocent party to terminate the contract. B Express terms in a contract are more important than implied terms. C Proof of economic duress terminates a contract. D Rules of law on the effect of termination of a contract by frustration prevent parties from recovering any money already paid under the contract. 3 Do not write outside the box IB/G/Jun24/7162/3A 0 5 Which of the following is not normally considered to be an aspect of the rule of law? [1 mark] A A defendant in a criminal trial must be offered proper legal representation. B Each person is equal before the law and has the same legal rights and obligations. C The House of Lords may propose amendments to a Bill. D The independence of judges should be protected. 5 0 3 In the context of delegated legislation, which of the following is most closely involved in the creation of statutory instruments? [1 mark] A Government ministers B Local councils C The European Union D The Supreme Court 0 4 A member state of the European Union is not properly implementing EU law. Which institution is responsible for beginning legal action against that state? [1 mark] A The Council of the European Union B The Court of Justice of the European Union C The European Commission D The European Parliament Turn over for the next question Turn over ► 4 Do not write outside the box IB/G/Jun24/7162/3A 5 0 6 Explain how by-laws are made and give two examples of matters which might be dealt with using a by-law. [5 marks] Extra space 5 Do not write outside the box IB/G/Jun24/7162/3A 5 0 7 Ajil has a business doing household repairs. Bushra lives nearby. Bushra has often paid Ajil to do repairs. One weekend, Bushra was away and could not be contacted. Ajil noticed that an outside water pipe at Bushra’s house had frozen. The pipe then burst. A constant jet of water poured out from the pipe. Ajil switched off the water. He then cut out and replaced the burst section of pipe. When Bushra returned, she promised to pay Ajil £70 for doing the work. Later, Bushra changed her mind and decided not to pay. Referring to the rules on past consideration, suggest why there is a possibility that Ajil could enforce Bushra’s promise to pay £70 for the work that he did. [5 marks] Extra space Turn over for the next question Turn over ► 6 Do not write outside the box IB/G/Jun24/7162/3A 0 8 Charles commissioned artwork from Dua for £5000 to improve the appearance of his office premises. Charles agreed to spend £400 making alterations to the premises to enable Dua to do the artwork. Dua agreed to start the artwork in two months’ time. When the agreement was made, Dua was little known to the art world and the public but, shortly afterwards, she suddenly became famous. Her work was now in great demand and its value increased by a very large amount. Two weeks before she was due to start the artwork for Charles, Dua told him that she would now be far too busy to ever do it. Charles refused to accept this and spent £400 on the preparations that he had agreed. Charles continued to insist that he wanted Dua to do the artwork for him. Advise Charles as to his rights and remedies against Dua for breach of contract. [10 marks] 7 Do not write outside the box IB/G/Jun24/7162/3A Extra space Turn over ► 10 8 Do not write outside the box IB/G/Jun24/7162/3A In Question 09 you are required to provide an extended answer which shows a clear, logical and sustained line of reasoning leading to a valid conclusion. 0 9 Examine what is meant by ‘justice’. Discuss the extent to which the legal rules on anticipatory breach of a contract may achieve justice for the parties concerned. [15 marks] 9 Do not write outside the box IB/G/Jun24/7162/3A Extra space Turn over ► 15 10 Do not write outside the box IB/G/Jun24/7162/3A In Question 10 you are required to provide an extended answer which shows a clear, logical and sustained line of reasoning leading to a valid conclusion. 1 0 Elena wanted to help her brother, Ferris, to establish his new cleaning business. She told Gil that she would pay him £150 for his spare set of ladders if he would deliver them to Ferris. Gil agreed to sell the ladders for £150 but said that Elena would have to collect them. Gil heard nothing further from Elena for two days. He then decided not to sell the ladders after all. The next day, Elena called round to Gil’s house with £150 to pay for the ladders and to collect them. Elena was furious