Contract Law Problem Question Essay

Contract Law Problem Question Essay-54
Equally it is good practice to test your arguments (against competing considerations of policy, for example).

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Attempts to divine the “right” answer from any source except your own study and reflection deprive you of that experience as well as harming the integrity of the exercise for all involved.

You are welcome to discuss coursework in general terms with any member of staff at any time. In general, you should assume that the facts are capable of being proved.

A general rubric, such as “Discuss”, or “Advise the parties”, is little more than an invitation to you to apply the law to the facts.

If you are asked to advise only one party, you should concentrate on their case, but cover the case against them while doing so.

You may quite properly indicate the boundary to a legal principle by suggesting the point at which modification of the facts would render it inapplicable.

You may want to look behind the facts to make a working assumption about some other aspect of the situation with which you are dealing.

It would not be appropriate to attempt to be magisterial.

A good approach to bear in mind is that of the professional lawyer. Many expressions which people sometimes associate with the law ("herein", "abovementioned", "it shall be argued" and so on) are fustian, and modern lawyers avoid them.

In criminal law, for example, it is often best to begin by isolating one or two offences which might be charged on a broad view of the facts.

One would then state their elements before focusing on further definition and discussion of those which might be particularly difficult to prove in the circumstances.


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