2023 Contract Law Question 5 — LawShortcut Independent Model Answer
The paper's reform essay. Three subjects offered — capacity, implied terms, misrepresentation — and two to be taken. This answer argues capacity and misrepresentation, on both of which the governing material is as much statutory as judicial.
Scenario summary
Question 5 is the paper’s reform essay. There are no facts and nobody to advise: what is wanted is a position on whether the present law should be changed, argued through decided cases and statute rather than asserted.
Three subjects are offered and candidates must take any two: (a) capacity to contract; (b) the implied terms of a contract; and (c) misrepresentation.
The rubric asks for illustration by relevant case law and / or legislation — a wider invitation than the usual formula, and a signal: on each subject the governing material is at least as much statutory as judicial.
This model answer takes (a) capacity and (c) misrepresentation. Each is worth roughly ten of the 25 marks, the balance going to the argument and its use of authority.
Candidates are asked to take any two of those three subjects and comment on whether the law governing them stands in need of reform, illustrating the answer with relevant case law and legislation.
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:
- Reading the Question
- Part (a) — Capacity: a Victorian statute beside a modern capacity code
- Part (c) — Misrepresentation: sound law in scattered form
- Conclusion
- Where the 25 marks live
- Authorities relied on
- The reusable answer structure
- Common ways to lose marks
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 2023 Contract Law answersContract Law Model Answer VaultStudy Contract law