Question 8a
Marking Guide
(a) This part of the question relates to the issue of whether the performance of an existing contractual duty can provide consideration for some new promise.
5 marks
Accurate analysis of the situation together with a detailed knowledge of the general legal principles involved, linked to a sound application of those principles.
3–4 marks Sound knowledge of the law but perhaps lacking in application, or alternatively not showing a sufficiently clear understanding of the legal principles involved.
1–2 marks
Weak or unbalanced answer. Perhaps aware of the nature of the problem, but lacking in clear knowledge of the principles or deficient in relation to how those principles should be applied.
0 marks Totally lacking in knowledge or application.