NCA Contracts study guide
NCA Contracts · Work through your exam, one topic at a time.
The NCA Contracts Exam is one of the subject-specific assessments used in the National Committee on Accreditation (NCA) process for internationally trained lawyers and others seeking to demonstrate Canadian common law competence. It is a single-subject examination focused entirely on the common law of contracts, so it rewards depth over breadth: candidates are expected to reason through fact patterns, apply doctrine, and reach a defensible conclusion rather than simply recall rules. The NCA Contracts study guide has 8 sections and about 2,633 words.
01Nature and Formation of Contracts
A contract is a legally enforceable agreement built from four elements: offer, acceptance, consideration, and an intention to create legal relations. Questions in this domain test whether you can identify those elements and distinguish a binding contract from a mere arrangement.
343 words, about 2 min02Offer and Acceptance
An offer is a clear statement of terms on which the offeror is prepared to be bound, made with the intention that it becomes binding on acceptance. It must be distinguished from an invitation to treat (a mere willingness to negotiate).
345 words, about 2 min03Consideration and Intention to Create Legal Relations
Consideration is what each party gives in exchange for the other's promise: a benefit to the promisor or a detriment to the promisee. It must move from the promisee , be sufficient (have some value) but need not be adequate (equal in value).
342 words, about 2 min04Capacity and Formal Requirements
Certain classes of person have restricted capacity to contract. Minors (generally under 18) are bound by contracts for necessaries (goods or services suited to their condition in life and actually needed) and by beneficial contracts of employment or education.
346 words, about 2 min05Terms, Interpretation, and Contractual Clauses
Contract terms may be express (stated) or implied (by statute, custom, or necessity). They are classified as conditions (major terms; breach allows termination and damages), warranties (minor terms; breach gives damages only), and innominate/intermediate terms (classification depends on the seriousness of the breach).
311 words, about 2 min06Vitiating Factors: Misrepresentation, Mistake, Duress, Undue Influence, Illegality
A contract may be rescinded or damages awarded where a vitiating factor undermines consent. Misrepresentation requires a false statement of fact (not opinion), addressed to the claimant, that induced the contract.
326 words, about 2 min07Performance, Breach, and Discharge
A contract ends by performance , agreement , frustration , or breach . Performance must generally be exact and complete (the entire obligations rule), though exceptions exist for divisible contracts, substantial performance, and acceptance of part performance.
296 words, about 1 min08Remedies and Damages
Remedies for breach include damages , specific performance , injunction , rescission , and restitution . Damages aim to put the claimant in the position they would have been in had the contract been performed (expectation measure), or to restore them to their pre-contract position (reliance measure).
324 words, about 2 min