Commercial Law Exam Preparation

For essay questions with references in commercial law, you might consider the following approach:
*. Question: Discuss the role of consideration in contract law.
- Answer: Consideration is a core component of a valid contract in English law. It refers to the value (such as money, services, or goods) exchanged between parties. Refer to the case of *Currie v Misa* (*) for its definition as "some right, interest, profit, or benefit accruing to one party."
*. Question: Analyze the differences between unilateral and bilateral contracts.
- Answer: A unilateral contract involves one party making a promise in exchange for an act (e.g., reward posters), whereas a bilateral contract involves mutual promises between parties. Refer to *Carlill v Carbolic Smoke Ball Co* (*) as a classic example of a unilateral contract.
*. Question: Explain the doctrine of privity of contract and its exceptions.
- Answer: The doctrine of privity means that only parties to a contract can enforce or be bound by it. Exceptions include third-party rights under the Contracts (Rights of Third Parties) Act *. *Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd* (*) illustrates this principle.
*. Question: Evaluate the impact of the Unfair Contract Terms Act * on freedom of contract.
- Answer: The Act limits the extent to which liability can be excluded or restricted in contracts, thus balancing freedom of contract with consumer protection. The case *Photo Production Ltd v Securicor Transport Ltd* (*) is crucial in understanding its application.
If you need more detailed references or specific cases, let me know!

Sure, let's dive a bit deeper into a couple of these topics with more details and references:
*. Role of Consideration in Contract Law:
- Detailed Explanation: Consideration is essential in distinguishing a contract from a gift. It requires each party to give something of value. Without consideration, a contract is generally not enforceable. The case *Tweddle v Atkinson* (*) emphasized that consideration must move from the promisee but need not benefit the promisor.
- Key Reference: *Currie v Misa* (*) - Defined consideration as "some right, interest, profit, or benefit accruing to one party."
*. Doctrine of Privity of Contract and Its Exceptions:
- Detailed Explanation: This doctrine traditionally states that only those who are parties to a contract can sue or be sued on it. The Contracts (Rights of Third Parties) Act * created exceptions by allowing third parties to enforce contractual terms if the contract expressly allows it or if the term purports to confer a benefit on them.
- Key Reference: *Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd* (*) - Reinforced the traditional principle of privity.
*. Impact of the Unfair Contract Terms Act *:
- Detailed Explanation: This Act was introduced to control clauses that exclude or limit liability in contracts, ensuring they are reasonable and fair. It particularly impacts the ability to exclude liability for negligence or breach of statutory duty.
- Key Reference: *Photo Production Ltd v Securicor Transport Ltd* (*) - Demonstrated the application of the reasonableness test under the Act.
If you need more in-depth analysis or additional cases, feel free to ask!

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It looks like you're preparing for a commercial law exam. If you need more essay-style questions or specific case references, feel free to ask!