Contract remedies and consumer remedies | AQA A-Level Law
For Specification 7162
AQA A-Level Law | Free Revision Notes
Estimated study time: 35–45 minutes
Contractual rights are valuable only if the law provides effective responses when those rights are affected. This Contract remedies and consumer remedies A-Level Law revision page introduces the remedies available within AQA contract law, including compensatory damages, specific performance, rescission, termination for breach and the statutory remedies available to consumers under the Consumer Rights Act 2015. It develops the balance between contractual freedom and consumer protection [Freedom of contract and consumer protection] and prepares you for the detailed remedy rules studied later in the course.
Learning Objectives 🎯
By the end of this revision page, you should be able to:
Explain the nature and purpose of contractual remedies in outline.
Identify compensatory damages, specific performance, rescission and termination for breach as remedies within AQA contract law.
Explain the consumer remedies available for contracts to supply goods and services.
Explain why consumer remedies are important within trader-consumer relationships.
Distinguish between different remedies and the situations in which they may become relevant.
Analyse the effectiveness of contractual and consumer remedies in protecting contractual rights.
Revision Notes 📚
Contract remedies and consumer remedies A-Level Law revision
AQA requires students to analyse and evaluate the nature and effectiveness of remedies, including specifically consumer remedies. The substantive contract specification then identifies:
compensatory damages
specific performance
rescission
termination of contract for breach
and the remedies provided by the Consumer Rights Act 2015 for relevant consumer contracts.
This lesson examines those remedies at an outline and theoretical level.
Their detailed legal requirements are studied later in:
compensatory damages [Compensatory damages and recoverable loss]
specific performance [Specific performance]
rescission [Rescission]
termination following breach [Termination for breach].
What is a contractual remedy?
A remedy is the legal response available when contractual rights have been affected.
The appropriate remedy depends upon the legal problem.
For example:
a claimant who suffers loss following breach may seek damages
a claimant may sometimes seek specific performance
a contract affected by a vitiating factor may give rise to rescission
a sufficiently serious breach may permit termination
a consumer whose statutory contractual rights have been breached may have specific remedies under the Consumer Rights Act 2015.
This means that:
establishing liability ≠ completing the legal analysis
A strong contractual answer often needs to continue to:
liability → remedy → practical outcome
AQA examiner reports repeatedly emphasise this point. In 2023, examiners noted that the practical outcome of a successful contractual claim is likely to be of central importance to the parties.
Why remedies matter
Contract law creates enforceable rights and obligations.
If a party could prove that the other had broken the contract but no useful legal response followed, the practical value of those rights would be greatly reduced.
Remedies therefore perform an important function.
They can:
compensate financial loss
require contractual obligations to be performed in appropriate circumstances
set aside a contract where the relevant legal requirements are satisfied
allow an innocent party to bring contractual obligations to an end following an appropriate breach
provide consumers with specific responses to breaches of statutory contractual terms.
Remedies connect legal rights with practical consequences.
Different remedies serve different purposes
A common mistake is to treat all contractual remedies as alternative names for the same result.
They are not.
Remedy | Broad purpose |
Compensatory damages | Compensate the claimant for recoverable contractual loss |
Specific performance | Require performance of a contractual obligation where appropriate |
Rescission | Set aside a voidable contract in relevant circumstances |
Termination for breach | Allow an innocent party to treat contractual obligations as ended following an appropriate breach |
Consumer remedies | Provide specific statutory responses to breach of Consumer Rights Act 2015 terms |
The remedy selected must therefore match the legal problem and the claimant's situation.
Compensatory damages
Compensatory damages are a central contractual remedy.
The AQA specification requires students eventually to understand:
categories of recoverable loss
causation
remoteness
mitigation.
At this stage, the essential principle is that contractual damages seek to compensate the claimant for loss resulting from breach rather than punish the defendant.
AQA examiner reports describe damages as perhaps the most commonly sought contractual remedy and stress that students should understand the compensatory approach rather than merely state:
"The claimant can claim damages."
Damages and contractual expectations
A contract creates expectations about performance.
If those expectations are defeated by breach, damages may provide a financial response.
For example:
A contracts to provide goods to B.
A breaches the contract.
B suffers recoverable financial loss as a result.
Damages may compensate B for that loss, subject to the relevant rules.
The detailed calculation and limits on recovery belong to compensatory damages and recoverable loss [Compensatory damages and recoverable loss], followed by the separate lessons on causation, remoteness and mitigation.
Damages are not automatic compensation for every claimed loss
The specification makes clear that contractual damages involve legal controls.
A claimant cannot simply identify any financial disadvantage and automatically recover it.
AQA requires students to study:
whether loss is of a recoverable category
whether the breach caused the loss
whether the loss is too remote
whether reasonable steps were taken to mitigate loss.
The effectiveness of damages therefore involves a balance.
They provide compensation, but legal rules restrict the losses for which the defendant will be responsible.
Specific performance
Specific performance is an equitable remedy.
Broadly, it is an order requiring a party to perform a contractual obligation.
This is fundamentally different from damages.
Compare:
Damages: The claimant receives financial compensation.
Specific performance: The defendant is required to perform the relevant contractual obligation.
This may make specific performance especially valuable where money would not provide an appropriate practical solution.
The detailed rules determining whether it will be granted are studied in specific performance [Specific performance].
The discretionary nature of specific performance
Because specific performance is an equitable remedy, it is not automatically available whenever breach has occurred.
AQA's 2021 mark scheme emphasised its discretionary nature and the importance of considering whether damages would provide a suitable remedy.
This helps illustrate an important principle about effectiveness:
The theoretically strongest remedy is not always available, and the legally available remedy may depend upon the circumstances.
Rescission
Rescission is another equitable remedy within the AQA specification.
It is particularly associated with circumstances such as:
misrepresentation
economic duress.
Its purpose differs substantially from compensatory damages.
Rescission treats the affected contract as set aside, with the aim of restoring the parties to their pre-contractual positions where the requirements for the remedy are satisfied.
You will examine it fully in rescission [Rescission].
Rescission is not another word for termination
This distinction is extremely important.
AQA examiner reports repeatedly identify confusion between:
rescission
termination following breach.
Rescission is an equitable remedy relevant to matters such as misrepresentation and economic duress.
Termination following an appropriate breach operates differently.
The 2023 examiner report specifically warned that rescission should not be used as a universal term for ending a contract after breach.
So:
rescission ≠ termination for breach
Using the terminology precisely is essential.
Termination for breach
AQA also requires termination of contract for breach.
A breach does not automatically mean the entire contractual relationship ends.
Whether termination is available depends upon the nature and seriousness of the breach under the relevant substantive rules.
Where termination is available, the innocent party may be able to treat the contract as at an end and may also have a claim for damages.
This is explored fully in termination for breach [Termination for breach].
At this stage, remember:
Breach and termination are not synonymous.
The fact that one contractual obligation has been broken does not necessarily mean that every breach gives the innocent party a right to terminate.
Remedies must match the legal issue
A useful way to approach remedies is to identify what has gone wrong first.
Legal problem | Possible remedy within AQA content |
Breach causing recoverable loss | Compensatory damages |
Appropriate breach where performance is sought | Specific performance may be considered |
Misrepresentation | Rescission and relevant damages depending upon the type |
Economic duress | Rescission may be available |
Appropriate breach permitting an end to the contract | Termination for breach |
Breach of relevant Consumer Rights Act terms | Statutory consumer remedies and potentially relevant common law remedies |
This prevents a common problem where a student simply attaches the word "damages" or "rescission" to every contractual dispute.
Consumer remedies
Consumer contracts receive specific statutory protection under the Consumer Rights Act 2015.
AQA distinguishes between:
contracts to supply goods
contracts to supply services.
The remedies available differ according to the type of contract and the statutory term that has been breached.
These remedies are important because consumers do not need to rely exclusively upon general contractual remedies.
Consumer remedies for goods
The specification requires the following remedies where the relevant statutory terms governing goods have been breached:
s20, short-term right to reject
s23, right to repair or replacement
s24, right to a price reduction or final right to reject.
These remedies are studied in detail in short-term rejection [Short-term right to reject] and repair, replacement and later remedies [Repair, replacement, price reduction and final rejection].
The short-term right to reject
Under s20 Consumer Rights Act 2015, a consumer may have a short-term right to reject goods where the relevant statutory requirements are breached.
In broad terms, rejection allows the consumer to reject the goods rather than simply accept the defective contractual performance.
This can be a powerful remedy because it gives the consumer a direct statutory response.
The detailed requirements belong to short-term right to reject [Short-term right to reject].
Repair or replacement
Section 23 provides a right to repair or replacement in appropriate circumstances.
These remedies seek to correct the defective performance while preserving the contractual transaction.
Their practical importance can be understood by comparison with rejection.
A consumer may not always wish to end the transaction.
They may simply want:
the goods repaired, or
suitable replacement goods.
The remedy can therefore respond more closely to what the consumer actually needs.
Price reduction or final right to reject
Section 24 provides:
a price reduction
or a final right to reject
where the relevant statutory requirements are satisfied.
Again, the remedies provide different practical outcomes.
A price reduction allows the contractual relationship to continue while adjusting what the consumer pays.
Final rejection moves in a different direction by allowing rejection of the goods where the statutory scheme permits it.
AQA mark schemes repeatedly require students to understand the interrelationship between these statutory remedies rather than merely list their names.
Consumer remedies for services
AQA also requires remedies for breach of specified statutory terms in contracts to supply services.
The Consumer Rights Act 2015 provides:
s55, right to repeat performance
s56, right to a price reduction.
These are developed fully in remedies for services [Remedies for services].
Repeat performance
Repeat performance provides an opportunity for the trader to perform the service again where the relevant requirements are satisfied.
This remedy can be effective where the consumer still wants the contracted service but wants it carried out properly.
Conceptually, it focuses on correcting the defective performance rather than immediately replacing it with financial compensation.
Price reduction for services
A price reduction provides a financial adjustment where the statutory requirements for the remedy are satisfied.
This may be appropriate where the service received does not justify payment of the full contractual price.
It provides a different response from repeat performance.
The important examination skill is therefore not merely knowing both remedies, but deciding which is relevant to the particular breach and circumstances.
Consumer remedies and common law remedies
Consumer remedies do not mean that the rest of contract law becomes irrelevant.
AQA mark schemes and examiner reports recognise that common law damages may also be relevant in Consumer Rights Act scenarios where associated recoverable losses have been suffered.
For example:
a statutory remedy might deal with the defective goods or service itself
damages may potentially address a separate consequential financial loss, subject to the normal contractual rules.
This is why the analysis should not automatically stop after identifying a Consumer Rights Act remedy.
Why are consumer remedies important?
Consumer remedies perform several functions.
They make statutory rights practical
A legal requirement such as satisfactory quality has limited practical value unless the consumer has an effective response when it is breached.
Rights and remedies therefore work together.
They provide different forms of redress
Consumers do not face a single all-or-nothing remedy.
For goods, the specification provides:
rejection
repair
replacement
price reduction.
For services, it provides:
repeat performance
price reduction.
This allows the law to respond to different forms of defective contractual performance.
They protect consumers
The consumer may be contracting with a trader possessing greater experience, resources and bargaining power.
Providing statutory remedies supports the wider consumer protection principle studied in freedom of contract and consumer protection [Freedom of contract and consumer protection].
They provide clearer legal consequences
The statutory scheme identifies particular remedies connected with breaches of consumer contract terms.
This can make the consumer's legal position more structured than simply asking what remedy might exist at common law.
Consumer protection and bargaining power
The importance of consumer remedies should be understood within the wider theory of contract.
Freedom of contract assumes that parties can voluntarily determine their contractual relationships.
However, consumers may have less practical ability than traders to:
negotiate terms
control contractual risk
insist upon their own remedies.
Statutory consumer remedies therefore restrict the extent to which traders can determine all the consequences of contractual failure.
This is particularly important when combined with the controls over exemption clauses [Exemption clauses and contractual theory].
Consumer remedies restrict contractual freedom
From the trader's perspective, statutory consumer remedies represent a restriction.
A trader cannot simply decide:
"If I breach the statutory term, the consumer will have no remedy."
The law determines particular consequences.
This limits complete freedom of contract.
However, the justification is consumer protection.
The underlying argument is that meaningful contractual freedom may require minimum legal protection where the parties do not possess equal bargaining power.
Are consumer remedies effective?
There are strong arguments that they are effective.
They provide tangible outcomes
A consumer may obtain:
rejection
repair
replacement
repeat performance
a price reduction.
These are practical remedies rather than abstract declarations of legal rights.
Different remedies suit different needs
A consumer who still wants the goods may prefer repair or replacement.
Another may want to reject them.
A consumer receiving a defective service may prefer repeat performance, while another situation may make a price reduction more useful.
This range increases the potential practical effectiveness of consumer protection.
They operate alongside common law remedies
A consumer may also need compensation for additional recoverable loss.
AQA assessment material recognises that common law damages can remain relevant alongside statutory remedies.
Limits on the effectiveness of consumer remedies
The remedies are not automatically perfect in every factual situation.
A remedy may be legally available but still not correspond exactly with what the claimant wants.
For example:
a consumer may have lost confidence in the trader and not want repeat performance
repair or replacement may be less attractive than rejection
a consumer may have suffered additional financial loss requiring consideration of damages.
AQA's 2022 examiner report gave a particularly useful illustration. In a contract for magazine-delivery services, the statutory remedies might not fully satisfy a consumer who had lost faith in the trader and simply wanted the contractual relationship to end.
This demonstrates an important evaluative distinction:
A remedy can be legally available without necessarily being the claimant's preferred practical outcome.
Effectiveness depends upon the claimant's objective
When evaluating remedies, ask:
What is the claimant actually trying to achieve?
Possible objectives include:
recovering financial loss
obtaining the promised performance
getting satisfactory goods
having defective goods replaced
receiving the service properly
reducing the price paid
escaping a contractual relationship
reversing a transaction affected by a vitiating factor.
Different remedies address different objectives.
This makes the concept of appropriateness central to evaluating remedies.
The importance of selecting the correct remedy
Imagine a consumer receives defective goods.
Simply writing:
"The consumer can get damages."
may miss the statutory remedies specifically designed for the situation.
Equally, simply listing:
"reject, repair, replace, price reduction"
without deciding which remedy is relevant is not enough for a strong applied answer.
A better approach is:
identify the legal right breached
identify the available remedy or remedies
apply any relevant relationship between those remedies
consider associated common law remedies where relevant
explain which remedy provides the most appropriate practical response.
Remedies for breach and remedies for vitiating factors
Another important distinction is between the cause of action and the remedy.
Suppose the problem involves breach.
Possible remedies may include:
damages
termination where the breach allows it
potentially specific performance.
Suppose instead the problem involves misrepresentation.
Rescission may become relevant.
This is why you should never begin a scenario answer by choosing a remedy before identifying the legal wrong.
The structure is:
legal issue → liability → available remedies
not:
preferred remedy → search for a rule to justify it
Remedies and contractual freedom
Remedies can also be linked to freedom of contract.
Parties voluntarily create contractual obligations.
The existence of remedies reinforces the seriousness of those promises because breach can produce legal consequences.
From this perspective, remedies support freedom of contract by ensuring that voluntarily undertaken obligations are not meaningless.
However, remedies also impose consequences upon the party in breach.
The law therefore balances:
respect for the contractual bargain
protection of the innocent party
limits on the defendant's responsibility.
Remedies and consumer protection
Consumer remedies demonstrate the competing principle particularly clearly.
A trader and consumer may have agreed their transaction voluntarily, but legislation determines certain rights and remedies that cannot simply be ignored.
This means consumer remedies:
restrict unrestricted contractual autonomy
protect consumers
strengthen the practical value of statutory contractual standards.
The resulting legal position is therefore one of:
contractual freedom within a framework of statutory protection
Comparing general and consumer remedies
General contractual remedies | Consumer remedies |
Apply according to general contract principles | Arise from specified Consumer Rights Act 2015 provisions |
Include compensatory damages | Include rejection, repair, replacement, repeat performance and price reduction |
Include equitable remedies of specific performance and rescission | Tailored specifically to relevant consumer contracts |
Include termination for an appropriate breach | Can operate alongside relevant common law remedies |
Detailed applicability depends upon the particular contractual problem | Depend upon the statutory consumer right that has been breached |
The two systems should not be treated as entirely separate.
In consumer disputes, both statutory and common law consequences may need consideration.
The relationship between rights and remedies
A useful principle for all contract problems is:
right → breach → remedy
For example:
Consumer statutory term
↓
Trader fails to comply
↓
Relevant Consumer Rights Act remedy
Similarly:
Contractual obligation
↓
Repudiatory breach
↓
Possible termination and damages
The remedy depends upon the right that has been affected and the nature of the legal failure.
Remedies as part of contractual liability
Contractual liability is not complete simply because you can say:
"The defendant is in breach."
A full answer may need to explain:
what remedy follows
whether the remedy is available
what practical effect it has
whether another remedy would be more appropriate.
AQA's 2023 report expressly reminded students that conclusions on liability should generally include the appropriate remedy where the question requires it.
AQA's emphasis on common law remedies
Examiner reports identify a recurring imbalance.
Students have often shown stronger knowledge of statutory Consumer Rights Act remedies than of general common law and equitable remedies.
The 2023 report specifically noted that students generally understood statutory consumer remedies and their sequencing but were less secure on common law and equitable remedies.
This means revision should not become:
"Consumer remedies = detailed, everything else = claimant gets damages."
You need to distinguish:
damages
specific performance
rescission
termination.
AQA's emphasis on practical outcomes
The 2024 examiner report provides another important lesson.
In a consumer-services scenario, stronger responses explained statutory remedies and common law damages. However, relatively few students considered which remedy would actually suit the consumer's circumstances.
That is exactly what "effectiveness" requires.
Do not only ask:
"What remedies exist?"
Also ask:
"Would this remedy actually solve the claimant's problem?"
A framework for analysing effectiveness
When evaluating any contractual remedy, consider four questions.
1. What does the remedy achieve?
Does it provide:
money
performance
rejection
replacement
release from the contractual relationship?
2. Does it match the claimant's objective?
A claimant seeking performance may not be satisfied by damages.
A consumer who has lost confidence in a trader may not regard repeat performance as the best practical outcome.
3. Are there legal controls?
Damages are subject to rules concerning recoverability.
Equitable remedies are not automatically granted.
Consumer remedies operate according to their statutory framework.
4. Does the overall system balance the parties' interests?
Effective remedies should protect contractual rights without imposing unlimited liability.
A useful theoretical evaluation
Argument: remedies make contract law effective
Without remedies, contractual promises would lack meaningful legal consequences.
Damages and other remedies give practical effect to contractual rights.
Argument: a range of remedies improves effectiveness
Different disputes require different solutions.
Money, performance, rejection and price reduction perform different functions.
Argument: consumer remedies strengthen protection
Consumers receive clearly identified statutory responses to breaches of important contractual terms.
Counterargument: availability does not guarantee suitability
A remedy may not provide what the claimant actually wants.
For example, repeat performance may be unattractive after a consumer has lost confidence in the trader.
Overall judgement
Contract remedies are effective because they provide a broad range of possible responses, but their practical effectiveness depends upon choosing the remedy that fits both:
the legal problem
the claimant's circumstances.
A step-by-step exam approach
For a contractual scenario involving remedies:
Step 1: Identify the contractual right
What obligation or statutory term applies?
Step 2: Establish the legal failure
Has there been:
breach
misrepresentation
economic duress
breach of a Consumer Rights Act term?
Step 3: Identify the remedies specifically connected to that issue
Avoid listing every remedy in contract law.
Step 4: Apply the remedy
Explain why it is or is not available on the facts.
Step 5: Consider other relevant remedies
For example, a consumer scenario may raise both statutory remedies and common law damages.
Step 6: Give practical advice
Conclude with what the claimant is likely to obtain or what option may best address the circumstances.
This approach prepares you for the eventual synoptic contract problems [Synoptic contract problems].
Key Words 🔑
Key word | Student-friendly definition | How it may be used in an exam |
Remedy | A legal response available when contractual rights have been affected. | Use it when explaining the practical consequence of establishing contractual liability. |
Compensatory damages | A financial remedy designed to compensate a claimant for recoverable contractual loss. | Use it where breach has caused financial loss. |
Specific performance | An equitable remedy requiring performance of a contractual obligation where appropriate. | Use it when considering whether actual performance rather than money may be sought. |
Rescission | An equitable remedy that sets aside a voidable contract in appropriate circumstances. | Use it in connection with matters such as misrepresentation or economic duress. |
Consumer remedy | A statutory response available to consumers where relevant Consumer Rights Act 2015 contractual terms are breached. | Use it when advising a consumer about rejection, repair, replacement, repeat performance or price reduction. |
Hints from the Examiner Reports 💡
Examiner hint: Do not stop after proving liability. The 2023 report stressed that the practical outcome matters to claimants and defendants, so scenario answers should consider the appropriate remedy where required.
Examiner hint: Do more than state that damages are available. Examiners have repeatedly criticised answers that simply say a claimant can "claim damages" without explaining the compensatory purpose or considering the loss for which compensation is sought.
Examiner hint: Learn the relationship between consumer remedies. The 2023 report praised students who understood the structure of the Consumer Rights Act remedies and selected the remedy relevant to the consumer's circumstances rather than merely listing every possible remedy.
Examiner hint: Remember common law remedies in consumer cases. Examiner reports note that students are often stronger on statutory consumer remedies but weaker on common law and equitable remedies. Do not assume the Consumer Rights Act is the end of the analysis.
Examiner hint: Ask what the claimant actually wants. In 2024, many students correctly identified statutory remedies in a service-contract problem but failed to consider whether repeat performance, price reduction, damages or bringing the contractual relationship to an end would best suit the consumer's circumstances.
Examiner hint: Use remedial terminology precisely. Rescission is not a general word for ending a contract following breach. AQA reports repeatedly distinguish rescission from termination following a repudiatory breach.
Common Mistakes ⚠️
Mistake: Writing "the claimant can claim damages" and stopping
Why this is incorrect: Damages are subject to detailed rules governing recoverable contractual loss.
How to improve: Explain what loss the claimant seeks to recover and remember that later study covers recoverability, causation, remoteness and mitigation.
Mistake: Treating all contractual remedies as interchangeable
Why this is incorrect: Damages, specific performance, rescission and termination have different purposes and effects.
How to improve: Identify what legal problem has occurred before selecting the remedy.
Mistake: Calling termination "rescission"
Why this is incorrect: Rescission is a specific equitable remedy. Termination for breach is legally different.
How to improve: Use rescission only where that remedy is genuinely relevant.
Mistake: Listing every Consumer Rights Act remedy without applying it
Why this is incorrect: A strong answer identifies the remedy relevant to the particular contract and breach.
How to improve: Distinguish contracts for goods from contracts for services, then identify the relevant statutory remedy.
Mistake: Forgetting common law remedies in a consumer case
Why this is incorrect: Consumer statutory remedies may coexist with relevant common law remedies such as compensatory damages.
How to improve: After analysing the statutory remedy, consider whether the facts also disclose recoverable additional loss.
Mistake: Assuming the existence of a remedy means it is practically effective
Why this is incorrect: The claimant may have different objectives. A consumer who has lost confidence in a trader may not consider repeat performance a satisfactory outcome.
How to improve: Evaluate the remedy from the claimant's practical perspective as well as stating its legal availability.
Exam-Style Questions ✍️
Question 1
Which one of the following is an equitable contractual remedy?
A. Compensatory damages
B. Specific performance
C. Repair under s23 Consumer Rights Act 2015
D. Price reduction under s56 Consumer Rights Act 2015
[1 mark]
Question 2
State two remedies specified by AQA for breach of contractual obligations outside the Consumer Rights Act 2015 statutory remedy scheme.
[2 marks]
Question 3
Explain why identifying contractual liability does not necessarily complete a claimant's legal analysis.
[4 marks]
Question 4
A consumer buys goods from a trader and establishes that the relevant statutory contractual requirements have been breached.
Identify the four forms of remedy for goods expressly specified by AQA under ss20, 23 and 24 Consumer Rights Act 2015.
[4 marks]
Question 5
A trader performs a consumer service without the reasonable care and skill required by the Consumer Rights Act 2015.
Explain the statutory remedies that may become relevant.
[5 marks]
Question 6
Amira contracts with Ben to perform an important contractual obligation. Ben fails to perform and Amira suffers financial loss. Amira says:
"I have proved breach, so the court will simply give me all the money I have lost."
Analyse why Amira's statement is too broad.
[10 marks]
Question 7
Cara pays a trader to provide a service. The service is performed badly. Cara has lost confidence in the trader and does not want the trader to attempt the work again.
Analyse why the legal availability of consumer remedies does not necessarily mean that every available remedy will be equally effective for Cara.
[10 marks]
Question 8
Examine the nature and effectiveness of contractual remedies, including consumer remedies.
[15 marks]
Answers and mark scheme
Question 1
Answer: B
Specific performance is an equitable remedy.
1 mark
Question 2
Award 1 mark each for any two of:
compensatory damages
specific performance
rescission
termination of contract for breach.
Maximum: 2 marks
Question 3
Indicative content:
Proving contractual liability identifies that legal rights have been affected.
The claimant's practical position also depends upon the remedy available.
Different contractual problems produce different remedies.
The claimant therefore needs to identify and apply the appropriate remedy rather than stopping after proving breach or another cause of action.
Maximum: 4 marks
Question 4
Award 1 mark each for:
short-term right to reject under s20
repair under s23
replacement under s23
price reduction or final right to reject under s24.
For the final point, credit identification of the s24 remedies within the overall statutory scheme.
Maximum: 4 marks
Question 5
Indicative content:
The contract is for a consumer service.
Section 49 requires reasonable care and skill.
A breach can bring the statutory service remedies into consideration.
Section 55 provides the right to repeat performance.
Section 56 provides the right to a price reduction.
The appropriate remedy depends upon the circumstances and statutory requirements.
Maximum: 5 marks
Question 6
Indicative content:
Compensatory damages seek to compensate recoverable contractual loss.
They do not automatically cover every loss a claimant asserts.
AQA requires consideration of categories of recoverable loss.
Causation must be considered.
Remoteness limits recoverable losses.
Mitigation may also affect the damages recovered.
Amira must therefore connect the claimed financial loss to Ben's breach under the relevant rules.
Depending upon the nature of the breach and circumstances, other contractual remedies may also need consideration.
A strong answer should distinguish proof of breach from proof of the extent of recoverable damages.
Maximum: 10 marks
Question 7
Indicative content:
The Consumer Rights Act 2015 provides remedies for relevant breaches in contracts for services.
Repeat performance under s55 may initially appear relevant where the service has been carried out badly.
A price reduction under s56 may also become relevant under the statutory scheme.
However, Cara has lost confidence in the trader.
Having the same trader repeat the service may therefore not provide the outcome Cara actually wants.
This demonstrates the distinction between legal availability and practical effectiveness.
Relevant common law remedies may also need consideration depending upon the nature and consequences of the breach.
A sufficiently serious breach may raise wider questions about bringing the contractual relationship to an end.
Damages may become relevant if Cara has suffered recoverable financial loss.
The best remedy should therefore be determined by both the applicable legal rules and Cara's practical objectives.
Maximum: 10 marks
Question 8
Indicative content may include:
remedies as the practical legal response to affected contractual rights
the importance of continuing from liability to practical outcome
compensatory damages and their compensatory purpose
AQA's specified controls on damages, including recoverable loss, causation, remoteness and mitigation
specific performance as an equitable remedy
rescission as an equitable remedy
the distinction between rescission and termination following breach
termination of contract for an appropriate breach
Consumer Rights Act 2015 remedies for goods
s20 short-term right to reject
s23 repair or replacement
s24 price reduction or final right to reject
remedies for consumer services
s55 repeat performance
s56 price reduction
the relationship between statutory consumer remedies and common law damages
the importance of remedies in making statutory consumer rights practically effective
consumer remedies as a form of consumer protection
the restriction that statutory remedies place upon unrestricted contractual freedom
the importance of selecting a remedy that actually suits the claimant's objectives
the distinction between legal availability and practical effectiveness
the value of offering different remedies for different contractual problems.
A high-level response should not simply list remedies. It should analyse what each remedy achieves and whether it provides an effective response to the particular contractual problem.
A substantiated conclusion might argue that contract law provides a broadly effective range of remedies because it can respond through compensation, performance, setting aside a contract, termination or tailored consumer remedies. However, effectiveness ultimately depends upon the legal circumstances and the claimant's practical objective. A remedy that exists in law is not necessarily the remedy that provides the most useful outcome in every dispute.
Maximum: 15 marks
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