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Volume 17, Number 3, April 2022
Lesson plan
Breach of contract law: remedies
Craig Beauman
Here, Craig Beauman encourages students to lead a session using ‘flipped-learning’ by exploring and
analysing a point of law for A-level.
He also includes a teacher’s 5-minute lesson plan for the relevant class.
Activity
Students should get into three groups. Each group should be allocated one of the following three
tasks. A carousel system can be used, or each group presents on an individual task to the other two
groups. Each task is differentiated according to student ability. These tasks can be read in conjunction
with Caroline Clarke Fleming’s article ‘Breach of contract’ (A-LEVEL LAW REVIEW, Vol. 17, No. 3, pp.
20–22).
Remedies for breach of contract: the context
A breach occurs where a party fails to perform their obligations under the contract. A breach arises:
a where there is non-performance of the contract
b where there is a defective performance of the contract
c where there is an anticipatory breach of the contract
d where there is a late performance of the contract.
The result of a breach depends on which type of term has been broken. Terms are categorised into
conditions, warranties or unknown as an innominate term. They can be expressed or implied terms.
Where a condition has been breached, the injured party is entitled to damages or to repudiate the
contract. For a breach of warranty, however, damages are available but not to repudiate a contract.
In claiming for a breach of contract, the injured party can claim for, inter alia:
a loss of contractual goods and/or services as required by the contract
b loss of amenity
c loss of enjoyment.
Task 1: the key points in breach of contract
Students in this group should answer the following questions:
1 What is meant by non-performance of a contract?
2 What is meant by defective performance of a contract?
3 What is meant by an anticipatory breach of a contract?
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4 What is meant by late performance of a contract?
5 Following a breach of a contract, what is the aim for the injured party?
6 What was the ratio in Hochester v De La Tour (1853)?
Extension activity:
7 What is meant by damages are available ‘as of right’?
8 Name three main limitations on an award of damages.
Task 2: the scope of terms and conditions in a contract
Look at the text below and complete the missing words:
A contract’s terms are the individual ________ made by the contracting parties that form the contents
or subject matter of the contract. For example, Adam says to his friend Barry that he will sell his laptop
computer to him for £500. The contract’s basic terms would be: (a) it’s a ________ computer, and
(b) the price is £________.
Once agreed upon, the terms are the binding part of the contract which the parties agree to perform
for the contract to be fulfilled. If either party fails to carry out the term, then they will be in ________ of
contract. So, in the above case, if: (a) the laptop computer is a desktop ________ or (b) the price
changes to £________ after the acceptance, then, prima facie, there is a breach of contract.
Terms can either be ________ (from the parties themselves), implied (as a presumption of agreement
by the parties) or ‘imputed’ by process of law, for example under consumer protection law. Terms are
generally either ________, which go to the root of the contract, or ________, which are lesser terms
and are generally descriptive.
Task 3: scenarios
Consider the following three scenarios and discuss whether a breach of contract may or may not be
established by a claimant.
Scenario 1 Scenario 2 Scenario 3
Charly owns a greengrocer’s shop Ethan, a landscape artist, buys Garry organises an 18th
selling fruit and vegetables. He a remote cottage in the birthday party for his daughter.
orders five boxes of ‘Pink Lady’ countryside. He asks the estate He books a function room at a
apples per week from his supplier, agent selling the house if there local nightclub, books a DJ,
Davinder. When Davinder delivers are any plans for building work and uses a catering company
the first week’s order, one of the in the area in the immediate to provide a buffet dinner. On
five boxes is full of ‘Granny Smith’ future. The estate agent says the night of the party, the
green apples. Davinder says that that there are none due to the function room is double-
he is unable to supply ‘Pink Lady’ cottage being in an area of booked, so the party must be
apples for the next two weeks, but outstanding beauty. Two held in the nightclub’s beer-
his order will be compliant after weeks after moving into the garden next to a busy road, the
that. cottage, a drilling company is DJ fails to arrive, and the buffet
granted rights to drill for natural is only suitable for a children’s
gas half a mile away from the party.
cottage. The trucks used by the
company will, therefore, use
the narrow lane that passes
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www.hoddereducation.co.uk/lawreview
Ethan’s cottage on a daily
basis.
The five-minute lesson plan for breach of contract
The big picture Students are researching a new topic on breach of contract: unlawful injuries
that fall short of a death. This is to be used in a short or long answer,
multiple-choice or to help answer a scenario-type question.
Objectives LO1: for students to develop an understanding of breach of contract.
LO2: for students to analyse the law in this area.
LO3: to enable students to identify key cases in this area of law.
LO4: for students to be able to apply this knowledge to a given scenario and
conclude liability.
AfL LO: for students to achieve their individual targets on this topic on their
differentiated tracking sheets.
Engagement Complete wall displays/pictogram on breach of contract and the application
of the law in practice.
Complete a wall display on the key cases on breach of contract.
Add to the class exemplar folder.
1-2-1 demos.
‘Stickability’ 5–10 key points on breach of contract and its scope.
ILAC or IDEA method of tackling scenario question.
Attainment for Use individual tracking sheet for sub-
learning topics on breach of contract.
Students should know their minimum target grade, their aspiration grade and
how to ‘bridge the gap’.
Learning episodes Task 1: demonstration/discussion (teacher led: key questions) — what have
we have found out about breach of contract and its cases?
Task 2: demonstration/discussion — what are the missing words?
Task 3: demonstration/discussion (teacher led: scenario-based question) —
what does our research tell us about potential situations in relation to breach
of contract?
This resource is part of A-LEVEL LAW REVIEW, a magazine written for A-level students by subject
experts. To subscribe to the full magazine go to www.hoddereducation.co.uk/lawreview
Hodder & Stoughton © 2022 www.hoddereducation.co.uk/lawreview
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