Contract Law Essays

[Back to top] The formula: FACTS - LEGAL ISSUE - LAW - APPLY • Appreciate the legal issues raised.

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In such a case it is appropriate to argue by analogy and policy (a relevant example is the position on telephone answering machine messages).

However, you must not produce an answer which is based purely on policy and which ignores the law (the sort of work you might produce if you had not studied a law course at all).

If a client came to see you in person, you would ask a series of more detailed questions.

Remember that if there are major questions of fact omitted from the problem you should point these out and explain their relevance. Avoid irrelevancy at all costs Irrelevancy can lead to double jeopardy in that it detracts from what you have said and it leaves you less time to say something which is relevant, important and effective - leading to an unbalanced answer.

This is known as "layman's law" and must be avoided at all costs since it is likely to lead to a fail answer. Apply the law to the facts Assess what the likely decision would be on this issue.

Note that there is often no right answer in legal problem questions because examiners often use issues where there are This is a feature in almost every problem question.

This should help you to focus on what it is that that person actually wants to know and then only explain, apply and assess the law which is relevant to answering this question.

[Back to top] Avoid introductions that are so general that they could have been written in answer to ANY problem considering principles of Contract law.

You will, however, need to go into detailed facts where you are seeking to distinguish the facts of the case in question from the facts of the problem or where there are significant similarities of wording in the documents used in your problem to the words used in a specific case, e.g.

Holwell Securities v Hughes - "notice in writing to Dr Hughes" was sufficient to require actual communication of an acceptance and thereby oust the operation of the postal rule. What you say must be complete and make sense on its own; you should not rely on the reader's own legal knowledge to complete the meaning.

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