Cecily Zamora
When concluding a problem question in contract law, it is important to remember that there may be no right answer, as these questions often involve uncertainties in applying the law or insufficient factual information. To conclude effectively, start by identifying the facts and the relevant legal issues. Avoid general introductions and simple statements. Instead, focus on the specific issues raised and present your points in a coherent and logical manner. Deal with each issue separately, especially if there are multiple issues or parties involved. Provide a clear summary of the outcomes for the parties, ensuring that you have addressed all aspects of the question, including viable alternatives. Finally, avoid pure speculation or layman's law that ignores legal principles.
| Characteristics | Values |
|---|---|
| Introduction | Avoid general summaries of contract law and simple statements that add nothing. Begin by considering the first issue raised. |
| Fact Identification | Read the problem carefully and identify the facts. Draw a diagram if it helps. |
| Organisation | Consider the order in which you wish to deal with the issues raised by the facts. If there is more than one issue or party, deal with each separately. |
| Application | Apply the facts to the law. Avoid excessive repetition and irrelevant points of law. |
| Legal Issue | Identify the relevant area of law. |
| Uncertainty | If the legal position is unclear, explain the nature of the uncertainty and suggest ways it could be resolved, including your own view of the most likely approach to be taken by a court. |
| Conclusion | Summarise the outcomes for the parties you were asked to advise, if you have not already done so. |
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What You'll Learn
Avoid general introductions and conclusions
When answering problem-style questions in contract law, it is important to avoid general introductions and conclusions. Here are some tips to achieve this:
Understanding the Question
Start by carefully reading and understanding the problem question. Identify the specific issues raised and the order in which you will address them. This will help you structure your answer and ensure you do not deviate from the question.
Avoiding General Introductions
Do not begin your answer with a general summary of contract law principles. For example, instead of stating the basic elements of a binding contract, dive directly into the first issue raised in the question. Avoid unnecessary and obvious statements, such as noting the complexity of the problem or providing a broad overview of contract law. Focus on providing a clear and concise introduction that signposts your answer without unnecessary fluff.
Providing a Concise Conclusion
When concluding your answer, simply summarise the outcomes for the relevant parties. Avoid reiterating general legal principles and ensure your conclusion is tied to the specific facts and issues discussed. If you have already addressed the outcomes in the main body of your answer, you may not need to restate them in the conclusion.
Addressing Alternatives
Consider viable alternatives to demonstrate a comprehensive understanding of the problem. When exploring alternatives, clearly indicate that you are discussing a different scenario to avoid appearing contradictory. For example, you can say, "If the communication was an offer, then we should consider its impact on..." This approach demonstrates your ability to analyse different possibilities and their potential consequences.
Focusing on Facts
Emphasise the facts of the case and their application to the legal principles. Do not treat the question as an invitation to write an abstract essay on the legal issues. Ensure that your answer is grounded in the specific circumstances presented, as this is a crucial skill in legal analysis and writing.
By following these guidelines, you can effectively avoid general introductions and conclusions in your contract law problem questions, leading to a more focused and impactful answer.
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Understand the facts and their relevance
Understanding the facts and their relevance is a crucial step in answering problem questions in contract law. Here are some detailed instructions and considerations to help you effectively address this aspect:
Start by carefully reading and understanding the facts of the problem. Avoid skimming, as it is essential to have a precise grasp of the details. Facts are the foundation of your answer, dictating the relevance of the legal points you make. Consider fact identification and organisation as an important skill to develop. If it helps, create diagrams or visual aids to clarify the facts and the parties involved.
In contract law problems, pay close attention to the specific contractual elements, such as offer, acceptance, consideration, and intention. For example, consider whether there was a valid offer and acceptance, as in the case of Carol and Brandons' dispute over a gift voucher. Examine if the advertisement in question is an invitation to treat or a binding offer.
When dealing with multiple issues or advising multiple parties, address each one separately. Organise your response coherently and logically. For instance, in contract law, it is common to identify an offer before determining whether there is acceptance. This structured approach ensures you cover all relevant principles and their application.
Be mindful of the scope of your answer. Avoid the temptation to write an abstract essay on the legal issues. Instead, focus on the specific facts and their relevance to the problem. Excessive repetition and irrelevant points of law should be avoided, as they detract from the quality of your answer.
Consider viable alternatives to demonstrate your critical thinking skills. For instance, explore different possibilities, such as whether a communication could be interpreted as a counteroffer. When presenting these alternatives, be clear in your explanation to avoid appearing contradictory.
Remember, understanding the facts is pivotal to successfully answering contract law problem questions. It enables you to identify the relevant legal principles, apply them effectively, and provide a comprehensive and coherent response.
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Outline the legal issues
When outlining the legal issues in a contract law problem question, it is important to start by identifying the specific facts of the case and the issues they raise, rather than beginning with general statements about contract law. The facts are paramount, and their application to the legal issues is essential.
In the example of Carol and Brandons, the fact that Carol saw an advertisement for a 'special introductory offer' of a free £10 gift voucher with the purchase of a Brandons Experience Package is key. The legal issues that arise from this fact include whether the advertisement constitutes a valid offer, and whether Carol's purchase of the Experience Package constitutes acceptance, leading to a contract between Carol and Brandons.
Another fact to consider is that Brandons refused to give Carol the £10 gift voucher. This raises the legal issue of whether Brandons was contractually obligated to provide the voucher. To answer this, one must consider whether the advertisement was an invitation to treat or an offer. If it is found to be an invitation to treat, there is no contract, and Brandons is not obligated to provide the voucher. However, if it is determined to be an offer that Carol accepted, a contract may have been formed, and Brandons would be required to honour the terms of the offer.
Furthermore, one must consider the legal issue of whether Alan's offer, which was stated to be open until Wednesday, has been revoked. As mentioned in Routledge v Grant (1828), such a promise would require consideration to be binding. In this case, there is no indication of any consideration provided, which means Alan's offer can be revoked. However, there is also no evidence of communication of revocation by Alan to Barbara. This brings into question the case of Dickinson v Dodds (1876) and whether communication by a third party that the land had already been sold to someone else is sufficient grounds for revocation.
When outlining the legal issues, it is important to avoid excessive repetition and irrelevant points of law. Instead, focus on the specific issues raised by the facts and present them in a coherent and logical manner.
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Explain uncertainties and how to resolve them
When answering problem-style questions in contract law, it is important to start with the facts and avoid general introductions. The facts are all-important and their application is essential. You should also avoid making obvious statements that add nothing to your answer.
If the legal position is unclear, explain the nature of the uncertainty and suggest ways to resolve it, including your own view of the most likely approach to be taken by a court. However, do not produce an answer based purely on policy, ignoring the law. This is known as "layman's law" and should be avoided.
In contract law, uncertainties can arise from the varying facts and circumstances of each case. These uncertainties can generally be classified into two categories: vagueness and incomplete agreement. A provision in a contract will only be void for uncertainty if the court cannot determine the intention of the parties or if it is unsafe to prefer one possible meaning over other equally possible meanings. The court should strive to give meaning to contractual clauses if possible and will only hold a contract void for uncertainty if it is legally or practically impossible to give the agreement any sensible content.
To resolve uncertainties, the court may apply the standard of reasonableness and objective standards, as seen in the case of Hillas & Co v Arcos Ltd, where an agreement for the sale of timber was upheld despite being vague and uncertain. The doctrine of severability can also be used to ignore a vague clause and effectuate the remaining agreement, as demonstrated in Nicolene Ltd v Simmonds. Determination by a third party or an identified methodology outside of the agreement can also help resolve uncertainties, as seen in Sudbrook Trading Estate v Eggleton.
In conclusion, when answering problem questions in contract law, it is crucial to focus on the specific facts and their application. If there are uncertainties, explain them and suggest ways to resolve them, including your prediction of the court's likely approach. Remember that contracts are rarely void for uncertainty, and courts tend to strive to give meaning to contractual clauses and uphold agreements whenever possible.
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Summarise outcomes for the involved parties
When concluding a problem question in contract law, it is important to summarise the outcomes for the involved parties. This should be done concisely and directly, avoiding unnecessary legal jargon or repetition. Here is an example outline of such a summary, consisting of four to six paragraphs:
In the case of Carol and Brandons' Supermarket, the key issue is whether a valid contract was formed between the two parties. Carol seeks advice on whether she is entitled to the £10 gift voucher advertised by Brandons as a special introductory offer for purchasing an 'experience package'. The outcome for Carol depends on whether the advertisement is deemed an invitation to treat or a valid offer that she accepted by purchasing the package. If the advertisement is an invitation to treat, there is no contract, and Carol is not entitled to the voucher. However, if the advertisement is considered a valid offer, a contract may be formed, and Carol could argue that she accepted the offer by purchasing the package, thus entitling her to the voucher.
For Brandons' Supermarket, the outcome depends on the interpretation of the advertisement. If it is deemed an invitation to treat, Brandons has not legally offered a contract, and there is no obligation to provide the voucher. However, if the advertisement is considered a valid offer that Carol accepted, Brandons may be contractually obligated to honour the offer and provide Carol with the £10 gift voucher.
In this scenario, the involved parties should also consider any potential reputational or customer satisfaction implications. Carol may choose to share her negative experience, impacting Brandons' reputation. Alternatively, Brandons could decide to provide Carol with the voucher as a goodwill gesture, regardless of the legal interpretation, to maintain positive customer relations.
Additionally, it is worth noting that if the legal position is unclear or uncertain, it may be appropriate to suggest potential resolutions or provide a view on the most likely court approach. This could include considering relevant case law or legal principles that could apply to the specific circumstances of the case.
In conclusion, by summarising the outcomes for both Carol and Brandons' Supermarket, we can see how the interpretation of the advertisement as an invitation to treat or a valid offer significantly impacts the contractual obligations and entitlements of the involved parties.
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Frequently asked questions
Start with the facts. Read the problem carefully several times and develop a precise understanding of the facts.
Avoid beginning with general statements about contract law. Do not treat the question as an invitation to write an abstract essay about the legal issues.
Consider the order in which you wish to deal with the issues raised by the facts and present your points in a coherent and logical way. Familiarise yourself with the relevant area of law before attempting to answer. Consider viable alternatives to avoid cutting yourself off from answering part of the question.
Conclude by summarising the outcomes for the parties you were asked to advise. If the legal position is unclear, explain the nature of the uncertainty and suggest ways it might be resolved, including your own view of the most likely approach to be taken by a court.
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