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AQA A Level Law paper 3

Hey So basically my teacher only thought me the topics on the advanced information.
I tried to teach myself topic 21-exclusion clauses and topic 22- misrepresentation.

Does anyone have an application for misrepresentation pls??
(edited 1 year ago)
What do you mean by "application"?
Reply 2
Original post by Spoon1313
What do you mean by "application"?


Like a model answer for misrepresentation and economic duress
Original post by eriii2003
Like a model answer for misrepresentation and economic duress


Question 8 from AQA Paper 3A June 2019

"Dan offered to sell a football shirt for £100 which he said had been worn by Eduardo, a

famous footballer. Dan’s only reason for saying so was that a friend had told him, “That
looks like Eduardo’s shirt”. Clive wanted to buy the shirt, but he asked his friend, Gary, a
football fan, to accompany him to inspect the shirt. Gary agreed that the shirt could have
been worn by Eduardo, so Clive paid Dan £100. Clive was very angry when he
subsequently learned that Eduardo had never worn the shirt."

Advise Clive as to whether he has any rights and remedies against Dan in
misrepresentation.

Clive would not have any rights or remedies against Dan for misrepresentation in relation to the shirt. Misrepresentation is defined as a false statement of material fact made by a party to a contract that induces the other party to make the contract. What is meant by a false statement of material fact is illustrated in Spice Girls v Aprilla. In this case, the Spice Girls made a deal with Aprilla to produce promotional material. Unknown to Aprilla, one of the spice girls had left the band during negotiations, making the material that included all 5 members worthless. The spice girls had made a false statement by insinuating that all 5 members were part of the group. Similarly, Dan made a false statement of material fact when said that the football shirt had be worn by Eduardo. Dan is clearly a party to the contract as he is the one selling the shirt. Despite making a false statement, Clive could claim against Dan as it was not Dan who had induced him to make a contract. This scenario is similar to Attwood v Small. In this case, the claimant had an independent surveyor incorrectly confirm the defendant's original false statement. He had no rights as it was the surveyor who induced him to make a contract, not the defendant. Similarly, it was Gary confirmation of Dan's statement that induced Clive to buy the shirt. Therefore, Clive would have no rights against Dan for misrepresentation of the shirt. There would be no remedies available to Clive.


Sorry for taking a while to respond. Hope you find this at least somewhat helpful.
PS: I forgot to mention that Dan had specifically made a negligent misrepresentation. Examiners would probably want you to mention that.
Reply 5
Original post by Spoon1313
PS: I forgot to mention that Dan had specifically made a negligent misrepresentation. Examiners would probably want you to mention that.


Thank you so much this is so helpful:smile:)
Original post by eriii2003
Hey So basically my teacher only thought me the topics on the advanced information.
I tried to teach myself topic 21-exclusion clauses and topic 22- misrepresentation.

Does anyone have an application for misrepresentation pls??


Hi, I am in a very similar situation as you. I have not had a teacher for 6 months, so have taught myself (with some help of a very helpful private tutor) most of contract law (bar essential requirements). I decided to focus on only the advanced info, thinking that if I missed out on 10 marks or so because of it, it would not be the end of the world, especially given that I learnt everything for paper 1 and 2 (I had a teacher for most of these). However, I am now very stressed that there is going to be a whole 30 marker on things I cannot answer. I don't think the exam board would do that, but essentially if exclusion clauses and vitiating factors come up as a significant focus I will be in trouble! My advice is to know the advanced info stuff really well and just learn the basics for the other stuff. You can still get good marks if you just know the principles, not the cases.

https://www.thestudentroom.co.uk/showthread.php?t=7228045 In this thread I have posted notes for the substantive advanced info topics. I may also post the non-advanced info substantive topics tonight or tomorrow in a very brief form.
Reply 7
Original post by _Kestrel_
Hi, I am in a very similar situation as you. I have not had a teacher for 6 months, so have taught myself (with some help of a very helpful private tutor) most of contract law (bar essential requirements). I decided to focus on only the advanced info, thinking that if I missed out on 10 marks or so because of it, it would not be the end of the world, especially given that I learnt everything for paper 1 and 2 (I had a teacher for most of these). However, I am now very stressed that there is going to be a whole 30 marker on things I cannot answer. I don't think the exam board would do that, but essentially if exclusion clauses and vitiating factors come up as a significant focus I will be in trouble! My advice is to know the advanced info stuff really well and just learn the basics for the other stuff. You can still get good marks if you just know the principles, not the cases.

https://www.thestudentroom.co.uk/showthread.php?t=7228045 In this thread I have posted notes for the substantive advanced info topics. I may also post the non-advanced info substantive topics tonight or tomorrow in a very brief form.


Thank you so much I just had a look at the stuff u put up and it was so good!!!
Do you think misrepresentation and economic duress could come up??
Reply 8
So what did everyone apply for Q10 and 11 bc I’m so confused
Forgot most of it but from what I remember, question 10 was intent to create legal relations, frustration, the CRA 2015, and exclusion clauses.
Question 11 I really ****ed up on but it was frustration, maybe performance, and the CRA 2015.
Original post by eriii2003
So what did everyone apply for Q10 and 11 bc I’m so confused


For contract?
I have not had a teacher for 6 months so take this was a pinch of salt but this is what I did for contract.

For the first 30 marker, in relation to the claimant buying the shirt, I talked about the CRA 2015 in terms of goods and remedies. I also talked about exclusion clauses in the CRA, as well as relating it to a common law breach of conditions + the common law rules surrounding exclusion clauses. I do hope that is on the right track. The part of the 30 marker about Ola and Raheem, I don't know if anyone else found this, but I thought it was weirdly worded. Was it meant to be unclear if Raheem accepted it or not before he went about looking for the watch seller? I talked about Dickinson v Dodds (revocation) and lapse of time rules regarding offers, and then (to be safe) assumed there was a contract and talked about the breach of terms and remedies. That part was the trickiest for me.

Second 30 marker I talked about the CRA again in terms of services, part performance, breach of common law terms but I also talked about the collateral contracts - I really couldn't think why else it would mention 'the delivery list was incorrect'. Was the list provided by the publisher? If so I assumed that this would mean that a third party prevented performance. Honestly, I don't know, but I know we are not negatively marked so I thought to squeeze it anyway. I haven't had an actual teacher in 6 months so this is a bit of guesswork. The rest of the 30 marker was good though, I talked about frustration, subsequent illegality and foreseeability issues. The Justice bit I rambled
(edited 1 year ago)

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