SQE Contract Law Exam: Unlocking the Essentials of Illegality and Frustration

Are you preparing for the SQE Contract Law Exam? Are you feeling overwhelmed with the amount of information you need to learn? Don’t worry, in this blog post, we will break down the essentials of illegality and frustration, two important topics that often appear on the exam. By understanding these concepts, you will be one step closer to passing the exam and becoming a successful solicitor.

Understanding Illegality

Illegality refers to situations where an agreement or contract is deemed illegal or against public policy. It is crucial for solicitors to identify and understand the implications of illegality in contracts. In the SQE Contract Law Exam, you may encounter questions that test your knowledge of illegal contracts and their enforceability.

When discussing illegality, it is important to mention the doctrine of public policy. This doctrine is used to determine whether a contract is illegal or against public interest. Contracts that promote illegal activities, harm public welfare, or are against public policy are considered void and unenforceable.

There are various types of illegal contracts, such as contracts for illegal goods or services, contracts involving fraud or misrepresentation, contracts in restraint of trade, and contracts in violation of statutory provisions. The exam may test your ability to analyze and identify these different types of illegal contracts.

Furthermore, the exam may also assess your understanding of the consequences of illegality. For example, illegal contracts are generally considered void ab initio, meaning they are treated as if they never existed. This can have significant implications for parties involved in an illegal agreement.

Exploring Frustration

Frustration is another important concept in contract law that is often examined in the SQE Contract Law Exam. Frustration occurs when an unforeseen event renders the performance of a contract impossible or radically different from what was initially contemplated by the parties.

It is essential for solicitors to understand the legal consequences of frustration, as it can excuse parties from their contractual obligations. However, not all unforeseen events will lead to frustration. The event must be beyond the control of the parties and must fundamentally change the nature of the contract.

There are several ways in which frustration can be established. It can occur through the destruction of the subject matter, the death or incapacity of a party, the subsequent illegality of the contract, or the occurrence of supervening events. The exam may assess your ability to apply these principles to hypothetical scenarios.

It is worth noting that frustration does not automatically terminate the contract. Instead, it operates to discharge the parties from their future contractual obligations. The parties may be entitled to recover any money or benefits already provided under the contract.

Preparing for the SQE Contract Law Exam

Now that you have a better understanding of illegality and frustration, it’s time to prepare for the SQE Contract Law Exam. Here are a few tips to help you ace the exam:

Review the relevant legal principles and cases related to illegality and frustration.
Practice answering sample exam questions to familiarize yourself with the format and types of questions that may be asked.
Consult study materials and resources, such as textbooks and online resources, to deepen your understanding of the topics.
Consider joining study groups or seeking mentorship from experienced solicitors to gain additional insights and knowledge.

Remember, preparation is key to success in any exam. Stay focused, manage your time effectively, and stay confident in your knowledge.

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In conclusion, understanding illegality and frustration is essential for anyone preparing for the SQE Contract Law Exam. These topics are frequently tested, and a solid understanding of the principles, cases, and implications is necessary to succeed. By following the tips provided and utilizing the related resources, you will be well-equipped to unlock the essentials of illegality and frustration in contract law.