Contract law of England and Wales
🔴 DEFINITION: Contract law in England and Wales is one of the oldest and most fundamental areas of substantive law. It is rooted in the common law and has been developed primarily through case law, while now being extensively supplemented and regulated by statute.
It governs the principles of contract formation, performance, termination, and breach, as well as the remedies available for breach and the vitiating factors that may affect the validity or enforceability of a contract.
English contract law is characterised by several distinctive features, reflecting its historical development, emphasis on party autonomy, and pragmatic, case-based approach.
Contract Law for SQE1
- Contract law accounts for approximately 14–20% of the 180 SQE1 MCQs.
- Questions may draw on any combination of subject areas within FLK1, reflecting how contract issues arise in real legal practice.
- For this reason, contract law should be studied in conjunction with Civil Litigation and Tort Law, as scenarios frequently overlap.
- At SQE1 level, your knowledge must be detailed, precise, and practical.
You are expected to apply contract principles accurately to a wide range of factual scenarios, often involving multiple issues at once.
Contract Law for SQE2
Contract law is not assessed as a standalone subject in SQE2.
Instead, it is indirectly assessed, most commonly within Dispute Resolution assessments.
For SQE2, the required level of contract law knowledge is foundational rather than exhaustive. You should focus on:
- Formation of contracts
- Vitiating factors
- Contractual terms, including implied terms
The emphasis in SQE2 is on using contract law correctly in practice, rather than recalling detailed doctrine.
Sample Smart Synopsis Note on Contract Law
