This question requires candidates to demonstrate their knowledge of the contents of contracts. In particular, it requires an examination of the way in which contractual terms can be classified and invites candidates to consider the effect of this classification in relation to a breach of any such term. The question is clearly divided in order to provide candidates with a prompt and as an indication of what is expected of them in terms of detail of treatment.

8–10 marks 
Thorough explanation of the meaning of terms generally together with an explanation of the four categories of terms with reference to appropriate cases or examples.

5–7 marks 
Reasonable treatment of terms generally and two or even three of the types of terms, or a less complete treatment of all the elements.

2–4 marks 
Very unbalanced answer, focusing on only one aspect of the question and ignoring the others, or one which shows little understanding of the subject matter of the question.

0–1 mark 
Little, if any, understanding of the topic.