Cookie Preferences

We use essential cookies to keep you signed in and the Platform working. We also use analytics cookies to understand how you use LexIQ Law Tutor so we can improve it. You can accept all cookies or decline non-essential ones. Read our Cookie Policy for full details.

How do I answer contract law problem questions?

Contract law problem questions require a systematic approach: check formation (offer, acceptance, consideration, intention), identify any vitiating factors, determine if there is a breach, and assess the available remedies.

student 2 min read

Contract law is typically the first substantive module on a UK law degree, and problem questions follow a logical sequence that mirrors the life cycle of a contract.

1. Formation

Start by asking: Is there a valid contract?

  • Offer: Distinguish from invitation to treat (Pharmaceutical Society v Boots [1953]; Fisher v Bell [1961]). Has the offer been communicated? Has it been revoked (Byrne v Van Tienhoven (1880))?
  • Acceptance: Is it a mirror image of the offer (Hyde v Wrench (1840))? Has it been communicated (Entores v Miles Far East [1955])? Consider the postal rule (Adams v Lindsell (1818)).
  • Consideration: Is it sufficient (Chappell v Nestlé [1960])? Is it past (Re McArdle (1951))? Does the existing duty rule apply (Stilk v Myrick (1809) vs Williams v Roffey Bros [1991])?
  • Intention to create legal relations: Presumed in commercial contexts (Edwards v Skyways [1964]); rebutted in domestic/social contexts (Balfour v Balfour [1919]).

2. Terms and Representations

If a contract exists, identify its terms. Is the statement a term or a representation? Consider the factors in Oscar Chess v Williams [1957] and Dick Bentley v Harold Smith [1965]. Are any terms implied by statute (Sale of Goods Act 1979, Consumer Rights Act 2015)?

3. Vitiating Factors

Check whether the contract is voidable due to:

  • Misrepresentation: Fraudulent (Derry v Peek (1889)), negligent (s.2(1) Misrepresentation Act 1967), or innocent
  • Duress: Economic duress (DSND Subsea v Petroleum Geo-Services [2000])
  • Undue influence: Actual or presumed (Royal Bank of Scotland v Etridge (No 2) [2002])
  • Mistake: Common (Bell v Lever Bros [1932]), mutual, or unilateral

4. Breach

Has a party breached the contract? Classify the term as a condition (Poussard v Spiers (1876)), warranty (Bettini v Gye (1876)), or innominate term (Hong Kong Fir Shipping v Kawasaki [1962]).

5. Remedies

RemedyAvailabilityKey Authority
DamagesAvailable as of right for breachHadley v Baxendale (1854)
Specific performanceDiscretionary; typically for unique goods/landBeswick v Beswick [1968]
RescissionFor misrepresentation/vitiating factorsSubject to bars (affirmation, lapse of time)

Key Takeaway

Contract law problem questions require a systematic approach: check formation (offer, acceptance, consideration, intention), identify any vitiating factors, determine if there is a breach, and assess the available remedies.

Was this guide helpful?

Your feedback helps us improve our content for law students and educators.

Turn This Knowledge Into Better Grades

Students who practice with LexIQ score higher in exams. Get your essays graded with detailed IRAC feedback, generate quizzes on this topic, or ask Lexi for a personalised explanation.

No credit card required