CILEX Contract Law - Paper 3

Under the rule in Pinnel's Case, part payment of a debt: A) Always discharges the full debt B) Does not discharge the full debt unless fresh consideration is provided C) Discharges the debt if the creditor agrees verbally D) Is automatically effective after 6 years

A contract made under common mistake as to the existence of the subject matter is: A) Voidable in equity B) Void at common law C) Valid but unenforceable D) Subject to the reasonableness test

The measure of expectation loss in contract damages aims to put the claimant in the position they would have been in if: A) The contract had never been made B) The contract had been performed correctly C) The breach had been less serious D) The parties had negotiated fairly

Critically evaluate the doctrine of undue influence in contract law. Distinguish between actual undue influence (Class 1) and presumed undue influence (Class 2A and 2B), explaining how a claimant establishes each type. Discuss the role of independent legal advice with reference to Royal Bank of Scotland v Etridge (No 2).

Analyse the penalty clause doctrine following the Supreme Court decision in Cavendish Square Holding v Makdessi [2015]. How did the Supreme Court reformulate the test for distinguishing legitimate liquidated damages clauses from penalties, and what is the significance of this decision?

Discuss the circumstances in which a party to a contract may recover damages for mental distress or loss of amenity following a breach. Explain the general rule and its exceptions with reference to relevant authorities including Watts v Morrow and Farley v Skinner.

Evaluate the impact of the Consumer Rights Act 2015 on the regulation of unfair terms in consumer contracts. How does the Act differ from the previous regime under the Unfair Terms in Consumer Contracts Regulations 1999 and UCTA 1977? Discuss the transparency requirement and the core exemption.