Cambridge A Level Law 9084 — 2025 May/June Paper 3 · Variant 2

This document has 4 pages. Any blank pages are indicated. [Turn over Cambridge International AS & A Level LAW 9084/32 Paper 3 Law of Contract May/June 2025 1 hour 30 minutes You must answer on the enclosed answer booklet. You will need: Answer booklet (enclosed) INSTRUCTIONS ● Answer three questions in total: Section A: answer one question. Section B: answer two questions. ● Follow the instructions on the front cover of the answer booklet. If you need additional answer paper, ask the invigilator for a continuation booklet. INFORMATION ● The total mark for this paper is 75. ● The number of marks for each question or part question is shown in brackets [ ]. * 9 8 4 3 2 5 9 2 6 2 * DC (KS) 345343 © UCLES 2025

2 9084/32/M/J/25 © UCLES 2025 Section A Answer one question from this section. EITHER 1 Graham owns a restaurant and the cooker is broken. He makes a contract with AB Ltd (ABL) to deliver and fit a new cooker at his restaurant at 09:00 on Saturday. ABL delivers the cooker at 17:00 and leaves without fitting it. The restaurant is fully booked for that evening. Graham has to close the restaurant and cancel the bookings. He also has to dispose of the fresh food he has purchased. Many customers post negative comments on social media about the late cancellations. Bookings in the restaurant significantly decline. Graham experiences mental distress as a result. Advise Graham of the damages he might recover from ABL. [25] OR 2 Ben works as a cook at George’s café. One evening, after Ben has finished work, George asks him to stay behind and do some cleaning. Ben cleans the café. George is so pleased that he promises to pay him £100. When Ben receives his wages, George has not included the £100. Ben asks about the money and George says that he has changed his mind. Ben borrows £500 from Mary and promises to repay it by 1 September. Ben cannot afford to repay the full amount. On 1 September he asks Mary to accept £250 in full settlement. Mary agrees, and Ben pays her £250. Two weeks later, Mary demands repayment of the other £250. Advise whether the promises made by the parties are supported by consideration and therefore enforceable. [25]

3 9084/32/M/J/25 © UCLES 2025 Section B Answer two questions from this section. 3 The terms implied by the Consumer Rights Act 2015 protect against poor quality products. Assess the validity of this statement. [25] 4 A contract is only discharged when the parties have performed their exact and entire obligations. Assess the validity of this statement. [25] 5 Discuss the extent to which the rebuttable presumptions in intention to create legal relations lead to uncertainty. [25]

4 9084/32/M/J/25 © UCLES 2025 Permission to reproduce items where third-party owned material protected by copyright is included has been sought and cleared where possible. Every reasonable effort has been made by the publisher (UCLES) to trace copyright holders, but if any items requiring clearance have unwittingly been included, the publisher will be pleased to make amends at the earliest possible opportunity. To avoid the issue of disclosure of answer-related information to candidates, all copyright acknowledgements are reproduced online in the Cambridge Assessment International Education Copyright Acknowledgements Booklet. This is produced for each series of examinations and is freely available to download at www.cambridgeinternational.org after the live examination series. Cambridge Assessment International Education is part of Cambridge Assessment. Cambridge Assessment is the brand name of the University of Cambridge Local Examinations Syndicate (UCLES), which is a department of the University of Cambridge. BLANK PAGE

This document consists of 20 printed pages. © Cambridge University Press & Assessment 2025 [Turn over Cambridge International AS & A Level LAW 9084/32 Paper 3 Law of Contract May/June 2025 MARK SCHEME Maximum Mark: 75 Published This mark scheme is published as an aid to teachers and candidates, to indicate the requirements of the examination. It shows the basis on which Examiners were instructed to award marks. It does not indicate the details of the discussions that took place at an Examiners’ meeting before marking began, which would have considered the acceptability of alternative answers. Mark schemes should be read in conjunction with the question paper and the Principal Examiner Report for Teachers. Cambridge International will not enter into discussions about these mark schemes. Cambridge International is publishing the mark schemes for the May/June 2025 series for most Cambridge IGCSE, Cambridge International A and AS Level components, and some Cambridge O Level components.

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 2 of 20 Generic Marking Principles These general marking principles must be applied by all examiners when marking candidate answers. They should be applied alongside the specific content of the mark scheme or generic level descriptions for a question. Each question paper and mark scheme will also comply with these marking principles. GENERIC MARKING PRINCIPLE 1: Marks must be awarded in line with: • the specific content of the mark scheme or the generic level descriptors for the question • the specific skills defined in the mark scheme or in the generic level descriptors for the question • the standard of response required by a candidate as exemplified by the standardisation scripts. GENERIC MARKING PRINCIPLE 2: Marks awarded are always whole marks (not half marks, or other fractions). GENERIC MARKING PRINCIPLE 3: Marks must be awarded positively: • marks are awarded for correct/valid answers, as defined in the mark scheme. However, credit is given for valid answers which go beyond the scope of the syllabus and mark scheme, referring to your Team Leader as appropriate • marks are awarded when candidates clearly demonstrate what they know and can do • marks are not deducted for errors • marks are not deducted for omissions • answers should only be judged on the quality of spelling, punctuation and grammar when these features are specifically assessed by the question as indicated by the mark scheme. The meaning, however, should be unambiguous. GENERIC MARKING PRINCIPLE 4: Rules must be applied consistently, e.g. in situations where candidates have not followed instructions or in the application of generic level descriptors. GENERIC MARKING PRINCIPLE 5: Marks should be awarded using the full range of marks defined in the mark scheme for the question (however; the use of the full mark range may be limited according to the quality of the candidate responses seen). GENERIC MARKING PRINCIPLE 6: Marks awarded are based solely on the requirements as defined in the mark scheme. Marks should not be awarded with grade thresholds or grade descriptors in mind.

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 3 of 20 Social Science-Specific Marking Principles (for point-based marking) 1 Components using point-based marking: • Point marking is often used to reward knowledge, understanding and application of skills. We give credit where the candidate’s answer shows relevant knowledge, understanding and application of skills in answering the question. We do not give credit where the answer shows confusion. From this it follows that we: a DO credit answers which are worded differently from the mark scheme if they clearly convey the same meaning (unless the mark scheme requires a specific term) b DO credit alternative answers/examples which are not written in the mark scheme if they are correct c DO credit answers where candidates give more than one correct answer in one prompt/numbered/scaffolded space where extended writing is required rather than list-type answers. For example, questions that require n reasons (e.g. State two reasons …). d DO NOT credit answers simply for using a ‘key term’ unless that is all that is required. (Check for evidence it is understood and not used wrongly.) e DO NOT credit answers which are obviously self-contradicting or trying to cover all possibilities f DO NOT give further credit for what is effectively repetition of a correct point already credited unless the language itself is being tested. This applies equally to ‘mirror statements’ (i.e. polluted/not polluted). g DO NOT require spellings to be correct, unless this is part of the test. However spellings of syllabus terms must allow for clear and unambiguous separation from other syllabus terms with which they may be confused (e.g. Corrasion/Corrosion) 2 Presentation of mark scheme: • Slashes (/) or the word ‘or’ separate alternative ways of making the same point. • Semi colons (;) bullet points (•) or figures in brackets (1) separate different points. • Content in the answer column in brackets is for examiner information/context to clarify the marking but is not required to earn the mark (except Accounting syllabuses where they indicate negative numbers). 3 Calculation questions: • The mark scheme will show the steps in the most likely correct method(s), the mark for each step, the correct answer(s) and the mark for each answer • If working/explanation is considered essential for full credit, this will be indicated in the question paper and in the mark scheme. In all other instances, the correct answer to a calculation should be given full credit, even if no supporting working is shown. • Where the candidate uses a valid method which is not covered by the mark scheme, award equivalent marks for reaching equivalent stages. • Where an answer makes use of a candidate’s own incorrect figure from previous working, the ‘own figure rule’ applies: full marks will be given if a correct and complete method is used. Further guidance will be included in the mark scheme where necessary and any exceptions to this general principle will be noted.

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 4 of 20 4 Annotation: • For point marking, ticks can be used to indicate correct answers and crosses can be used to indicate wrong answers. There is no direct relationship between ticks and marks. Ticks have no defined meaning for levels of response marking. • For levels of response marking, the level awarded should be annotated on the script. • Other annotations will be used by examiners as agreed during standardisation, and the meaning will be understood by all examiners who marked that paper.

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 5 of 20 Annotations guidance for centres Examiners use a system of annotations as a shorthand for communicating their marking decisions to one another. Examiners are trained during the standardisation process on how and when to use annotations. The purpose of annotations is to inform the standardisation and monitoring processes and guide the supervising examiners when they are checking the work of examiners within their team. The meaning of annotations and how they are used is specific to each component and is understood by all examiners who mark the component. We publish annotations in our mark schemes to help centres understand the annotations they may see on copies of scripts. Note that there may not be a direct correlation between the number of annotations on a script and the mark awarded. Similarly, the use of an annotation may not be an indication of the quality of the response. The annotations listed below were available to examiners marking this component in this series. Annotations Annotation Meaning Unclear Accurate Benefit of the doubt Subordinate clause / consequential error Incorrect point Evaluation Dynamic, Horizontal Wavy line that can be expanded Highlighter Highlight Two statements are linked Not answered question Off page comment Off Page Comment Repeat Indicates that the point has been noted, but no credit has been given. Indicates that the point has been noted, but no credit has been given Correct point Dynamic, Vertical Wavy line that can be expanded

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 6 of 20 Guidance on using levels-based mark schemes Marking of work should be positive, rewarding achievement where possible, but clearly differentiating across the whole range of marks, where appropriate. The marker should look at the work and then make a judgement about which level statement is the best fit. In practice, work does not always match one level statement precisely so a judgement may need to be made between two or more level statements. Once a best-fit level statement has been identified, use the following guidance to decide on a specific mark: • If the candidate’s work convincingly meets the level statement, award the highest mark. • If the candidate’s work adequately meets the level statement, award the most appropriate mark in the middle of the range (where middle marks are available). • If the candidate’s work just meets the level statement, award the lowest mark. Assessment objectives AO1 Knowledge and understanding • Demonstrate knowledge and understanding of legal concepts, principles and rules. • Use statutes, cases, examples and legal terminology. AO2 Analysis and application • Analyse legal concepts, principles and rules. • Apply legal concepts, principles and rules. AO3 Evaluation • Evaluate legal concepts, principles and rules. • Communicate legal argument coherently on the basis of evidence.

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 7 of 20 Section A Table A Use this table to give marks for each candidate response for Question 1, and 2 Level AO1 Knowledge and understanding 12 marks AO2 Analysis and application 5 marks AO3 Evaluation 8 marks Description Description Description 4 10–12 marks Accurate and detailed in most relevant areas. Thorough knowledge and understanding of the most appropriate legal concepts, principles and rules, key examples, cases and/or statutory authority, and legal terminology. 3 7–9 marks Mostly accurate but may not be detailed in some relevant areas. Good knowledge and understanding of appropriate legal concepts, principles and rules, examples, cases and/or statutory authority, and legal terminology. 4–5 marks Mostly focused and reasoned analysis throughout. The analysis is supported by effective and well- developed use of legal concepts, principles and rules, key examples, cases and/or statutory authority. 6–8 marks Mostly focused and reasoned evaluation of most of the relevant issues. Effectively supported by relevant material. Coherent argument 2 4–6 marks Some accuracy but lacks detail in relevant areas. Some knowledge and understanding of mostly appropriate legal concepts, principles and rules, examples, cases and/or statutory authority, and legal terminology 2–3 marks Some reasoned analysis. The analysis is supported by some partially developed use of legal concepts, principles and rules, examples, cases and/or statutory authority. 3–5 marks Some evaluation, reasoned at times, of some of the relevant issues. Supported by some relevant material. Some coherent argument. 1 1–3 marks Limited accuracy. Limited knowledge and understanding of legal concepts, principles and rules, examples, cases and/or statutory authority, and legal terminology. 1 mark Limited analysis. The analysis is supported by limited use or makes no use of legal concepts, principles and rules, examples, cases and/or statutory authority. 1–2 marks Limited evaluation of a relevant issue. Limited or no use of relevant material. Limited or no argument.

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 8 of 20 Level AO1 Knowledge and understanding 12 marks AO2 Analysis and application 5 marks AO3 Evaluation 8 marks 0 0 marks • No creditable content 0 marks • No creditable content 0 marks • No creditable content

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 9 of 20 Question Answer Marks 1 Advise Graham of the damages he might recover from ABL. Use Table A to mark candidate responses to this question. AO1 out of 12 marks. AO2 out of 5 marks. AO3 out of 8 marks. Indicative content: Responses may include: AO1 Knowledge and understanding Common Law remedies: • Damages are a sum of money paid by the defendant to the claimant • Aim is to compensate the claimant for the loss suffered as a result of the breach • Claimant must choose between: – Expectation loss – awarded for the loss of bargain. – Reliance loss – awarded for out of pocket expenses • Speculative damages – The courts are reluctant to grant speculative damages – In exceptional cases damages may be awarded for damage to reputation, Addis v The Gramophone Co, Chaplin v Hicks and damage for mental distress, Jackson v Horizon Holidays Ltd, Jarvis v Swan Tours • Limitations on recovery of damage: – Causation. Losses are only recoverable if they were caused by the breach of contract. – Remoteness. Used as a way of establishing which losses can be the subject of compensation. Hadley v Baxendale two part test further developed in Victoria Laundry Ltd v Newman Industries Ltd, The Heron II – Mitigation. The claimant is expected to keep their damages to a minimum and cannot claim for losses they could reasonably have avoided, Pilkington v Wood, British Westinghouse Electric v Underground Electric. Credit any other relevant content AO2 Analysis and application and AO3 Evaluation: Graham without a fitted cooker: • Graham must choose between: – Expectation loss – the loss of profit from customers – Reliance loss – he purchased food in reliance of the contract being performed • These losses are a natural consequence of the breach and would have been in the contemplation of the parties at the time of making the contract 25

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 10 of 20 Question Answer Marks 1 • Graham would be expected to mitigate his losses: – Graham could have offered his customers an alternative premises, although logistical practicalities would need to be taken into consideration – Graham could also have sought alternative equipment, perhaps borrowing it from another restaurant – Graham could have made arrangements for someone else to install the cooker • Reach a sensible conclusion taking account of possible mitigation Graham and the bad publicity: • Graham may seek speculative damages for damage to his reputation. • Traditionally there was no award for such issues as loss of reputation • However, he has been deprived of the opportunity to gain good publicity for his restaurant • Graham may or may not receive speculative damages in respect of the damage to reputation Graham and the mental distress: • Graham may claim speculative damages in respect of the mental distress • The general rule is that damages cannot be awarded for the mental distress • Traditionally there was no award for mental distress but an exception to this general rule applies e.g. loss of enjoyment. However this is usually only in respect of consumer contracts • Graham’s contract with AB Cookers will be considered a business to business (commercial) contract and his mental distress was not as a result of loss of enjoyment • It is unlikely that Graham will be successful in claiming damages for his mental distress. Credit any other relevant analysis and application and evaluation AO1 12 AO2 5 AO3 8

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 11 of 20 Question Answer Marks 2 Advise whether the promises made by the parties are supported by consideration and therefore enforceable. Use Table A to mark candidate responses to this question. AO1 out of 12 marks. AO2 out of 5 marks. AO3 out of 8 marks. Indicative content: Responses may include: AO1 Knowledge and understanding • Consideration definition, Currie v Misa, Dunlop v Selfridge • Consideration must be sufficient but need not be adequate, Chappell v Nestle, Thomas v Thomas • To be sufficient, what is promised must be real, tangible and have value in the eyes of the law, Thomas v Thomas, White v Bluett, Ward v Byham • Past consideration: – Past consideration is no consideration, Roscorla v Thomas, Re Mcardle – Exception to past consideration, Lampleigh v Braithwaite, Re Casey’s Patent • Consideration is not a pre-existing duty rule: – Performance of an existing contractual duty is not seen as having value, Stilk v Myrick – Exception to the existing contractual duty rule is where performance goes beyond the original duty – Hartley v Ponsonby • Part-payment of an existing deb: – Part-payment is not valid consideration for a promise to forgo the balance, Pinnel’s Case, Foakes v Beer – Exception to part-payment, accord and satisfaction. Credit any other relevant content AO2 Analysis and application and AO3 Evaluation: Ben’s claim for the £100 bonus: • Ben's original contract is to work as a chef, so cleaning the café falls outside his pre-existing contractual duties • By staying behind and doing additional work, Ben provided fresh consideration for George’s promise to pay £100 • George’s promise will be binding and Ben will have a valid claim for the £100 • Consideration has no value when it has already been done at the time of the agreement • George’s promise to pay the £100 bonus came after the cleaning had been completed • This would be considered past consideration 25

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 12 of 20 Question Answer Marks 2 • Consider whether the exception to the past rule applies • Was the work done at the request of the promisor? • Was there an implied understanding that the task should be paid for? • Reach a sensible conclusion based on the past consideration rule or the Lampleigh exception Ben and the demand for the outstanding debt: • Mary will claim that part payment of the debt owed is not valid consideration for a promise to forgo the balance • Even though Mary agreed to accept a lesser amount, she can claim the remainder of the debt • The exception of accord and satisfaction does not apply here as Mary did not accept different consideration or on a different date • Conclude that Ben will be required to pay Mary the remaining 50%. Credit any other relevant analysis and application and evaluation AO1 12 AO2 5 AO3 8

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 13 of 20 Section B Table B Use this table to give marks for each candidate response for Question 3, 4 and 5 Level AO1 Knowledge and understanding 12 marks AO2 Analysis and application 5 marks AO3 Evaluation 8 marks Description Description Description 4 10–12 marks Accurate and detailed in most relevant areas. Thorough knowledge and understanding of the most appropriate legal concepts, principles and rules, key examples, cases and/or statutory authority, and legal terminology. 3 7–9 marks Mostly accurate but may not be detailed in some relevant areas. Good knowledge and understanding of appropriate legal concepts, principles and rules, examples, cases and/or statutory authority, and legal terminology. 4–5 marks Mostly focused and reasoned analysis throughout. The analysis is supported by effective and well- developed use of legal concepts, principles and rules, key examples, cases and/or statutory authority. 6–8 marks Mostly focused and reasoned evaluation of most of the relevant issues. Effectively supported by relevant material. Coherent argument 2 4–6 marks Some accuracy but lacks detail in relevant areas. Some knowledge and understanding of mostly appropriate legal concepts, principles and rules, examples, cases and/or statutory authority, and legal terminology 2–3 marks Some reasoned analysis. The analysis is supported by some partially developed use of legal concepts, principles and rules, examples, cases and/or statutory authority. 3–5 marks Some evaluation, reasoned at times, of some of the relevant issues. Supported by some relevant material. Some coherent argument. 1 1–3 marks Limited accuracy. Limited knowledge and understanding of legal concepts, principles and rules, examples, cases and/or statutory authority, and legal terminology. 1 mark Limited analysis. The analysis is supported by limited use or makes no use of legal concepts, principles and rules, examples, cases and/or statutory authority. 1–2 marks Limited evaluation of a relevant issue. Limited or no use of relevant material. Limited or no argument.

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 14 of 20 Level AO1 Knowledge and understanding 12 marks AO2 Analysis and application 5 marks AO3 Evaluation 8 marks Description Description Description 0 0 marks • No creditable content 0 marks • No creditable content 0 marks • No creditable content

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 15 of 20 Question Answer Marks 3 The terms implied by the Consumer Rights Act 2015 protect against poor quality products. Assess the validity of this statement. Use Table B to mark candidate responses to this question. AO1 out of 12 marks. AO2 out of 5 marks. AO3 out of 8 marks. Indicative content: Responses may include: AO1 Knowledge and understanding The implied terms include • s.9 the right of satisfactory quality, Rogers v Parish (Scarborough) Ltd • s.10 the right of fitness for particular purpose, Grant v Australian Knitting Mills Ltd, Griffiths v Peter Conway Ltd • s.11 – the right relating to description, Beale v Taylor • S.20 the right to reject • s.22 time limit for short-term right to reject (reject within 30 days and a refund given within 14 days) • S.23 the right to repair or replacement • S.24 the right to a price reduction or the final right to reject Credit any other relevant content including: Chapter 3 Digital Content: • s.34 digital content to be of a satisfactory quality • s.35 digital content to be fit for a particular purpose • s.36 digital content to be as described AO2 Analysis and application and AO3 Evaluation: Consumer are protected: • The Act protects consumers as it makes it clear what the requirement of satisfactory quality is ‘where the goods meet the standard that a reasonable person would consider satisfactory taking account of various factors • Taking an objective test is beneficial to the consumer as it does not rely solely on the view of the trader • Protection is given to the consumer, expressly or impliedly, if they have made the trader aware of the particular purpose for which they are contracting for the goods • The consumer is protected as they are able to rely on the skill and judgement of the seller. However, the burden is on the consumer to make the seller aware if they have, for example, a particular sensitivity • Consumers are protected when buying, for example, online as the goods must be as described expressly or impliedly 25

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 16 of 20 Question Answer Marks 3 • The Consumer Rights Act gives consumers protection when it comes to digital downloads that fail to work including digital content supplied free with goods • The short-term right to reject protects consumers as it allows them to reject faulty goods • The additional right to repair or replacement gives additional protection if the s20 right is not exercised • The trader is only permitted one attempt at repair or replacement and cannot demand that they keep trying, after the one attempt the consumer has the right to a refund • A further protection afforded those purchasing digital contents is that they are entitled to a repair or replacement if the digital content is faulty and even compensation if other downloads or devices are affected by the fault product. Credit any other relevant analysis and application and evaluation AO1 12 AO2 5 AO3 8

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 17 of 20 Question Answer Marks 4 A contract is only discharged when the parties have performed their exact and entire obligations. Assess the validity of this statement. Use Table B to mark candidate responses to this question. AO1 out of 12 marks. AO2 out of 5 marks. AO3 out of 8 marks. Indicative content: Responses may include: AO1 Knowledge and understanding • The entire/strict performance rule; entire obligation must be performed completely and in its entirety, Cutter v Powell, Re Moore and Co. Ltd and Landauer and Co • Exceptions to the strict rule: – Severable/divisible contract – where a contract can be seen in separate parts, non-completion of one part is not a breach of the whole, Ritchie v Atkinson, Taylor v Webb – Substantial performance – where a party completes substantially if not precisely all parts of the contract. Payment will be required less the cost to rectify the imperfections, Hoenig v Isaacs, Bolton v Mahadeva, Young v Thames Properties Ltd – Voluntary acceptance of part-performance – where one party has agreed that the other party need not complete the entire contract, Sumpter v Hedges – Prevention of performance, Planche v Colburn – Timing – performance must occur at the time agreed in the contract (time is of the essence), Union Eagle Ltd v Golden Achievement Ltd – Tender of performance -iIf a party offers to perform their contractual obligations but the other party refuses, the offering party may be discharged, Startup v Macdonald – Vicarious performance – performance by a third party may discharge a contract if the contract doesn’t require personal performance, British Waggon Co v Lea & Co Credit any other relevant content AO2 Analysis and application and AO3 Evaluation: • Entire performance is still the starting point in any dispute and, in a dispute, the court will expect exact and complete performance • If there is a substantial lack of performance the courts will not consider the contract complete and the strict rule will apply • Substantial performance allows a party to avoid the strict rule as a party can escape, for example, without completing all the required work. However, there is a problem defining ‘substantial’. The strict rule is avoided 25

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 18 of 20 Question Answer Marks 4 • Whilst substantial may allow for the strict rule to be avoided the court will use their discretion to reach a just and fair decision through quantum meruit • Voluntary acceptance of part-performance appears to allow parties to avoid the strict rule but, the requirement of voluntary acceptance means that if there is no agreement the strict rule will apply • In part-performance the voluntary acceptance (consent) must acknowledge that the defaulting party is entitled to be paid for what they have completed so far, as the agreement was made without undue influence. In the absence of such the entire rule will prevail • The innocent party is protected in part-performance. If the innocent party has no option but to accept the work partially done, this is not considered consent to part-performance and the strict rule will be applied • Categorising a contract as severable allows a party to avoid the entire performance. However, the defendant is required to show that each part of the contract can be discharged separately. Credit any other relevant analysis and application and evaluation AO1 12 AO2 5 AO3 8

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 19 of 20 Question Answer Marks 5 Discuss the extent to which the rebuttable presumptions in intention to create legal relations lead to uncertainty. Use Table B to mark candidate responses to this question. AO1 out of 12 marks. AO2 out of 5 marks. AO3 out of 8 marks. Indicative content: Responses may include: AO1 Knowledge and understanding Social and domestic arrangements – rebuttable presumption that there is no intention to create legal relations, Balfour v Balfour, Jones v Padavatton • Presumption may be rebutted: – Where there is a reliance on the promise, Parker v Clarke – Where contrary evidence to rebut can be produced, Merritt v Merritt – Where financial security is at risk, Simpkins v Pays • Commercial and business agreements – very strong rebuttable presumption that there is intention to create legal relations • Presumptions may be rebutted: – If clear words are used to show no legal intent, Jones v Vernon Pools, Confetti Records v Warner Music UK Ltd – Where an honour pledge clause is inserted, Rose and Frank Co v JR Crompton and Bros Ltd – Where the words used are not clear enough to amount to a specific promise, Kleinwort Benson v Malaysia Mining – A statement indicating no previous legal liability may be seen as merely explaining the offer which is now being made, Edwards v Skyways. Credit any other relevant content AO2 Analysis and application and AO3 Evaluation: • Uncertainty is caused when there are conflicting decisions. For example, in Parker v Clarke the parties relied on the agreement made with the older couple and the court found that as they had given up their security there was an intention. The daughter in Jones v Padavatton did a similar thing but the presumption was not rebutted – this case divided the Court of Appeal • There is uncertainty in gambling contracts for example the bingo, lottery cases. Whilst the cases are similar the decision vary • There is uncertainty as to what ‘contrary evidence’ might be needed to rebut the social and domestic arrangements presumption. There are no clear guidelines making giving advice difficult • The starting points for business agreements is that there is legal intent – this creates certainty • There may be uncertainty in terms of a ‘gentleman's agreement’ as seen in Blue v Ashley 25

9084/32 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2025 © Cambridge University Press & Assessment 2025 Page 20 of 20 Question Answer Marks 5 • Uncertainty may arise when a court is deciding clarity in wording. It will be for the court to decide rather than the parties. By deciding each case on its own facts may be considered to cause uncertainty to parties • There is uncertainty when cases fall into an ‘in between’ a social and commercial agreement. In such cases the presumption will vary on which side the decision is made – who has the best argument – Sadler v Reynolds. Credit any other relevant analysis and application and evaluation AO1 12 AO2 5 AO3 8