Kara Sears
When answering contract law problem questions, it is important to first familiarise yourself with the relevant area of law. The answer should have a clear structure with an introduction, substance, and conclusion. It is important to avoid generic introductions and conclusions that could apply to any problem and, instead, focus on the specific issue raised. When structuring the answer, consider the following: is there a valid and enforceable contract between the parties? What are the terms, representations, and exclusion clauses? Have there been any breaches? Are there any vitiating factors? What are the remedies? When discussing multiple parties, separate them out and discuss them individually. Finally, remember that there may not always be a definitive right answer, so explain any uncertainties and suggest ways to resolve them, including your own view of the most likely approach by a court.
| Characteristics | Values |
|---|---|
| Reading the question | Read the problem carefully several times. Do not skim read. |
| Understanding the facts | Have a precise understanding of the facts. Accept the facts that are given. Do not assume facts that are not given. |
| Identifying the legal issues | Let the facts guide you in identifying the relevant legal issues. |
| Structure | An introduction, the substance of your answer, and a conclusion. |
| Authority | Use authority in relation to each of the points made. |
| Considering alternatives | Consider viable alternatives. |
| Analogising and distinguishing with key cases | The better you can analogise and distinguish with key cases, the higher your mark will be. |
| Uncertainty | If the legal position is unclear, explain the nature of the uncertainty and suggestions on how it might be resolved, including your own view of the most likely approach to be taken by a court. |
| Answer structure | Is there a valid and enforceable contract between the parties? What does the contract say? Have there been any breaches of the contract? Were there any vitiating factors? What are the remedies? |
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What You'll Learn
Understand the facts
Understanding the facts is a crucial step in answering contract law problem questions. Here are some detailed guidelines to help you master this skill:
Read and Understand the Facts Thoroughly
Read the problem question multiple times and refrain from skimming. Understand the facts precisely, as they determine the relevance of your legal points. Identify the parties involved, the sequence of events, and any relevant details that could impact the legal analysis. If it helps, create a diagram to visualise the facts and the relationships between the parties.
Accept the Given Facts
Accept the facts as they are presented, regardless of how unlikely or unrealistic they may seem. Your task is to apply the law to the given scenario, so focus on the provided information without questioning its validity.
Avoid Assuming or Speculating
Do not assume facts that are not explicitly given, and refrain from speculating about alternative scenarios. Stick to the information provided unless the question specifically asks you to consider hypothetical situations or alternative facts.
Identify the Legal Issues at Hand
Use the facts to guide you in identifying the relevant legal issues. Consider what the parties involved want to know or the specific legal advice they seek. For example, they may want to know if there is a binding contract and what the consequences of that determination are.
Structure Your Approach
To effectively structure your answer, consider the following:
- Valid and Enforceable Contract: Determine if there is a valid agreement, including consideration and intention, and whether it is enforceable, considering formalities and capacity.
- Contract Terms: Examine the terms, representations, and exclusion clauses within the contract.
- Breaches: Analyse whether there have been any breaches or violations of the contract.
- Vitiating Factors: Evaluate the presence of any vitiating factors, such as misrepresentation, mistake, duress, undue influence, illegality, or unconscionable conduct.
- Remedies: Finally, discuss the available remedies, such as damages, specific performance, injunctions, rescission, rectification, or termination.
Apply the Law to the Facts
After identifying the legal issues, apply the relevant legal principles and rules to the facts of the case. Use analogies and distinguish between different scenarios to strengthen your analysis. Remember to provide a reasoned conclusion that addresses the specific concerns of the parties involved.
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Structure your answer
Structuring an answer to a contract law problem question is a skill that can be developed with practice. Here are some guidelines to help you structure your answer effectively:
Begin by introducing the issue and providing a brief overview of what your answer will cover. Avoid making general statements about contract law that could be applied to any problem. Instead, focus on the specific issue at hand. It is important to familiarise yourself with the relevant area of law before attempting to answer the question. This will ensure that you do not omit relevant issues or miss the significance of certain facts.
Structure and Organisation
Separate out the parties involved and discuss them individually, especially if there are multiple parties and multiple factors at play. This helps to ensure a clear and concise answer. Identify each legal issue and deal with them one by one, setting out the principles, rules, and authorities for each. Consider any viable alternatives to avoid appearing contradictory. For example, clearly state that you are exploring a different possibility, such as, "However, if that communication was an offer, then we should consider the impact of that...".
Application
Apply the law to the facts of the case by analogising and/or distinguishing with key cases. This is a crucial step, as it demonstrates your understanding of the law and its practical application. Know the rules and facts of the relevant cases to support your argument.
Conclude by summarising the outcomes for the parties involved. Avoid making simple and obvious statements that add nothing to your answer. If you have already provided conclusions for each issue, you may want to conclude by discussing the wider implications or the overall outcome.
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Avoid obvious statements
When answering contract law problem questions, it is important to avoid making obvious statements. This demonstrates a precise understanding of the facts and the issues at hand. Fact identification and organisation is a crucial skill in law. Avoid introductions that are too general and could have been written for any problem-question. For instance, "In order to have a binding contract, there must be an offer and acceptance. To be enforceable, the agreement must be supported by consideration and there must be an intention to create legal relations". Such a statement does not answer the question set and is unrelated to the specific issue raised.
Instead, focus on the specific issue and the person the question is asking you to advise. Imagine that person is sitting in front of you and paying you for your time and advice. This will help you to focus on what they want to know and then explain, apply and assess the law which is relevant to answering the question.
When structuring your answer, it is important to have a beginning, a middle and an end. In other words, an introduction, the substance of your answer, and a conclusion. After the introduction, work logically through the problem, dealing with each issue in turn. Identify each legal issue and then set out the principle or rule, the authority, and then apply it.
It is also important to avoid making assumptions about the facts. Do not assume facts that are not given and do not consider what the position would have been if the facts had been different, unless the question specifically asks you to do so.
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Explain uncertainties
When answering contract law problem questions in the UK, it is important to explain any uncertainties that may exist. Uncertainties can arise due to various factors, such as ambiguous contract terms, unclear intentions of the parties, or external factors that were not anticipated at the time of contract formation.
To effectively explain uncertainties, it is essential to identify the specific area of uncertainty and provide a comprehensive analysis of the issues involved. This may involve examining the relevant contract law principles, case laws, and statutory provisions that could offer guidance on resolving the uncertain matter. A thorough understanding of the factual scenario is crucial to pinpoint the exact points of uncertainty and to provide a clear and concise explanation.
For example, consider a scenario where a contract dispute arises due to a disagreement over the interpretation of a particular contract clause. In this case, the uncertainty surrounds the intended meaning of the clause and how it should be applied. To explain this uncertainty, one might refer to the principles of contract interpretation, including the use of extrinsic evidence, the contra proferentem rule, or the reasonable person test. By applying these principles, one can offer a reasoned explanation as to why the clause is uncertain and explore potential arguments that each party may put forward to support their interpretation.
Additionally, uncertainties can arise when the facts of a case do not clearly fit within established contract law principles. In such scenarios, explaining the uncertainty may involve discussing the potential application of different legal theories or doctrines and evaluating their effectiveness in resolving the issue at hand. This could involve considering the policy objectives underlying the relevant contract law principles and assessing whether a particular outcome aligns with those objectives.
It is important to provide a balanced explanation that presents the potential arguments or interpretations on both sides of the uncertainty. This demonstrates an understanding of the complexities involved and showcases the ability to critically evaluate the issues from different perspectives. Furthermore, suggesting possible solutions or approaches to resolve the uncertainty can add depth to the explanation. This could involve proposing creative ways to interpret the contract terms, considering the potential for equitable remedies, or discussing the possibility of amending the contract to address the uncertain areas.
Overall, explaining uncertainties in contract law problem questions requires a nuanced understanding of contract law, the ability to identify and analyze complex issues, and a critical mindset to evaluate different arguments and potential outcomes. By providing a comprehensive and well-reasoned explanation, one can demonstrate their proficiency in navigating the intricacies of contract law and offer valuable insights into resolving uncertain matters.
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Apply the law
When answering contract law problem questions, it is important to first familiarise yourself with the relevant area of law. For instance, if the question concerns offer and acceptance, ensure you are well-versed in this area.
Next, carefully read the problem multiple times. Do not skim-read. Understand the facts and accept them as true, even if they seem unlikely. Do not assume facts that are not given. Let the facts guide you in identifying the relevant legal issues. For instance, consider whether there is a valid and enforceable contract between the parties, what the contract says, and whether there have been any breaches.
Then, apply the law to the facts. State the general principle and then apply it to the hypothetical facts by analogising and/or distinguishing with key cases. For example, consider the objective approach taken by the courts: would a reasonable person believe that the offeror intended to be bound by their words? If so, an offer has been made. If not, it is a mere invitation to treat. Support your answer with authority, citing relevant cases.
Finally, conclude by summarising the outcomes for the parties. Avoid making simple and obvious statements that add nothing.
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Frequently asked questions
You should structure your answer with an introduction, the substance of your answer, and a conclusion. Begin by stating the issue, then explain the general principle and apply it to the facts of the case.
You should always familiarise yourself with the relevant area of law before attempting to answer a question. If the legal position is unclear, explain the nature of the uncertainty and suggest ways it could be resolved.
It is advisable to separate out the parties and discuss them individually. You must discuss whether an offer and acceptance are present for each individual in the problem question scenario.
Read the problem carefully several times and identify the facts. Then, consider the following:
What does the contract say?
Were there any vitiating factors?
What are some common mistakes to avoid?
