WJEC/Eduqas Law for A level Book 2 Revision Guide

For more on misrepresentation and economic duress, see pages 21–25 of WJEC/ Eduqas A Level Law Book 2 . LINK Spec Spotlight In this section students will develop their knowledge of: WJEC A Level 3.9: Misrepresentation and economic duress Eduqas A Level 2.1.4: Misrepresentation and economic duress • Fraudulent misrepresentation: the meaning of fraudulent misrepresentation and the remedies available • Innocent misrepresentation: the meaning of innocent misrepresentation and the remedies available • Negligent misrepresentation: the meaning of negligent representation and the remedies available • Misrepresentation Act 1967 : statutory misrepresentation under s2 , the limitation of liability under s3 and the remedies available • Economic duress: meaning of economic duress, distinction from duress to the person and any available remedies Misrepresentation and economic duress Revision booster This topic could feature as a scenario-type question testing AO2 application skills. For this type of question, you need to advise someone on the issues. You would normally use the facts of the scenario to decide whether there has been misrepresentation, the type of misrepresentation and the remedies available. This type of scenario question could also ask you to consider an application of the rules on economic duress and the remedies available. For these longer responses, you should also structure your answer using an introduction that provides an overview of misrepresentation and economic duress and a conclusion that ties together the issues and reaches a conclusion based on your application. As AO2 is the skill being tested, you must apply the law to the scenario provided, using cases and statutes to support your answer. This topic could also feature as an essay question testing A03 analysis and evaluation skills. Think about the elements of each topic that could warrant a higher mark, more evaluative response. Some possible questions might be as follows: • To what extent does the Misrepresentation Act 1967 protect buyers against negligent statements made by sellers? • Does the law of misrepresentation provide adequate remedies for consumers? • Analyse and evaluate the law in respect of misrepresentation and economic duress. For these longer responses, you should start your answer with an introduction that provides an overview of what you will discuss and how the main body will progress. It could also provide some brief context, along with an explanation of key terms in relation to the topic or question. Your answer should then follow a logical paragraphed structure with a link back to the question and use evidence to support it. A conclusion should tie together the issues based on the evidence you have presented and in relation to the question. In order to evaluate, you also need to explain what it is you are evaluating. 18