2022 Contract Law Question 3 — LawShortcut Independent Model Answer
Noreen wakes to an email thanking her for agreeing to sell ride-on mowers at half price after two glasses of wine on painkillers. The question turns on the two-limb intoxication test — and dies on the second limb, because nothing suggests Andrew knew she was impaired.
Scenario summary
Noreen is in business selling ride-on lawnmowers. One weekend she was at a trade fair at which her competitors were also showing their products to potential customers.
When the day’s business was over, colleagues and potential customers went on to a restaurant to relax. Noreen had injured her back and was taking painkillers, so she kept herself to two glasses of wine.
She woke next morning able to recall very little of the evening, beyond a vague recollection of an agreement with Andrew, who had been in the restaurant with the group.
Her email confirmed it: Andrew had written to thank her for agreeing a 50% bulk discount on the mowers he was buying. Noreen says she would never have agreed to such a price in the ordinary way, and can only assume the medication and alcohol affected her decision-making.
Candidates are asked to advise Noreen as to the enforceability of the contract on these facts.
This is a LawShortcut scenario summary written in our own words. For the exact examined wording, use the official King’s Inns paper linked above.
What this model answer covers
Issues and structure addressed in the full LawShortcut model answer:
- Issue 1 — Intoxication: the two-limb test
- Issue 2 — Equitable unconscionability and the “bad bargain” point
- Issue 3 — Affirmation and prompt repudiation
- Overall advice to Noreen
- Where the 25 marks live — 13 the two-limb intoxication test, 8 equitable unconscionability, 4 affirmation, advice and structure
- Common ways to lose marks
- Authorities relied on
- The reusable answer structure
Read the complete LawShortcut model answer to this question — reading the question, issue spotting, the applicable law, application to the facts and conclusions — inside the King’s Inns Contract Law Model Answer Vault.
Part of the King’s Inns Contract Law Model Answer Vault — 30 independently authored model answers, 2020—2025.
All 2022 Contract Law answersContract Law Model Answer VaultStudy Contract law