Breaking Down Core Contract Law Principles
Exam success demands all-round knowledge of contract law. A good grasp of the key contract law concepts can help you understand how the law works and how it is applied by the courts. This is particularly important when answering exam scenarios where you’ll need to convey a clear understanding of the topics and issues in your answer.
Offer
The first step on the path to a binding contract is an offer. An offer is a definite proposal to enter into a legally binding agreement. It must be capable of being accepted and, after acceptance, must leave no outstanding points between the parties requiring further negotiation. For example:
I offer to sell you my black cat for £100.
A vague statement such as "I would sell my black cat for £200" would not be an offer as it is unclear and uncertain.
Acceptance
A binding agreement requires acceptance of the terms of the offer and acceptance need not be in writing or be communicated in any particular way but must be clear and certain and the offeree must intend to be bound. Silence does not amount to acceptance . For example: A offers to sell his black cat to B. B then decides that he does not want to buy the black cat. A cannot enforce the contract because B did not accept the offer before he changed his mind.
Consideration
Consideration is the payment; however, it need not be money. It can be anything of value, legal, capable of being valued, even action or forbearance. A promise to pay £1,000 for a black cat is consideration. But if A says that he will do nothing unless B pays £1,000, this is not consideration.
Intention to create legal relations
This principle applies to commercial agreements – the presumption is that they do intend to create legal relations. For example:
I will sell you my black cat for £100 and I will pay you £5 for every day that passes until it is sold.
It is presumed that the parties intend to create legal relations but it can be rebutted by a line in the agreement which states: "This is a Letter of Comfort and is not a legally binding contract."
For consumer agreements – the presumption is that a consumer does not intend to create legal relations.
Probabilities of Contract Law Exam Questions
Contract law exams generally fall into three common question types, with many contract professors using a mix. The first is the hypothetical scenario. These hypothetical questions may involve multiple parties or transactions and usually total about 50% of your exam. The hypothetical will give you 3-4 contract law issues to work through in a factual context. I generally advise students to work through the issues in the order they are presented, unless it is a contract law question dealing with agency law, and then you should answer the agency issues before the contract law issues. I also recommend starting with a brief summary paragraph to give the reader a roadmap of your hypothetical issue analysis.
The second most common question type is the case law discussion and asks you to explain the court’s rationale in a leading case. For example: "Describe the reasoning behind the doctrine of promissory estoppel," or "What was the issue in123 v.456, and how did the Court resolve it?" These questions are frequently grouped together with a hypothetical question.
The third most common question type is a multiple choice question. Multiple choice questions can be a little tricky because law school does not use them to really focus on issue analysis. They may give you four options; they may have a correct answer that is not entirely correct, or may ask you to choose the best of four bad options. Law exams are more nuanced than your undergraduate tests, and frequently a professor will draft a set of correct multiple choice answers for an exam, and then ask his or her TA’s to pick the best answer for how the professor wants the exam graded.
Contract Law Case Study Analysis
When tackling a case study in contract law, a structured approach will not only help you understand the facts more easily, but help you apply the law accurately and concisely. As seen in the sample problem question, there is a significant amount of information to read and absorb, especially with a less traditional format. Although there are no golden rules, you must adopt a method that best suits you and helps you get the right answer. This particular problem will be broken down into three stages, which will involve identifying the key facts, the legal issues, and applying the law in each scenario. You should always bear in mind the balance between quality and quantity – being thorough is great, but just remember that the word count penalty is greater than the quality penalty. Avoid adding unnecessary points for the sake of it. Below are some examples on how to structure a case study analysis.
Structuring Contract Law Exam Answers
A key principle of legal writing is that "style is substance." It is not enough to only have the right content regarding the law and the facts – you have to be able to express what you know in a way that is clear and persuasive to the reader. The best way to accomplish this in contract law exams (or any law exams for that matter) is the IRAC method.
Some professors or rubric might refer to the "CRAC" method, where "C" stands for "conclusion," but it’s really the same thing as IRAC, and in my views makes no difference. There is also the "CRREAC" method – C-RAC + Rule and Explanation of rule. Why make this more complicated? Just stick to IRAC. The IRAC method refers to a four-part method of organizing your answer: I – Issue R – Rule A – Application C – Conclusion
The purpose of IRAC is to draw attention to the main issues in the question, and a through and relevant application showing your understanding of how the rule applies to the facts. You do NOT have to repeat the language of the question. Your rubric does not care if you did not mention the fact or not. Do not waste time repeating the question , you should just refer back to the facts as "the facts of the case" or as "the facts presented above" etc. Practice for exams should include practicing applying the law to the fact pattern presented in the question. This is because the exam (and bar exam) question is not an open book, and if you forget how to apply the law/got lost in your notes or textbook outlining, it’s too late to recover. You are expected to have the rules memorized and be able to apply them on your exam. Practice applying the law to facts in your exams to build confidence for the bar exam. You don’t want to get caught off-guard when it comes to real test day. Even if your professor is not rigorous about structuring your answer like this, it doesn’t hurt. As long as you identify the issue and rules at play, and apply and conclude based on the facts presented, you should get full marks if your analysis is correct. This will help avoid unnecessary confusion by giving clear structure to your answer to make it easy for your professor to follow and gives them confidence that you know what you’re talking about.
Cracking the Code of Contract Law Exam Preparation
When preparing for contract law exams, it is crucial to create a study schedule that allocates adequate time for reviewing all topics and practicing past exam questions. Divide your available study time into manageable sections and set clear goals for each study session. This structured approach will help you to cover all necessary material without leaving any gaps in your understanding.
Practicing past paper questions or set example questions is also an important aspect of preparation for a contract law exam. Through regular exposure to exam-style questions, you will improve your exam technique and confidence in the subject. When practicing these questions, ensure that you thoroughly understand both the questions and the prescribed solutions. Familiarity with exam questions ensures that you are able to focus on applying legal rules and principles rather than spending valuable exam time trying to decipher the question.
Forming a study group can be a helpful strategy in your contract law exam preparation. Working in a group allows you to quickly clear up any areas you may be struggling with and it enables you to share knowledge and tips with others. It also makes the process more enjoyable and less daunting by providing the group with an opportunity to support each other with the preparation.
Finally, ensure that you take the time to learn key legal terminology associated with contract law. This will help you to gain a good understanding of this area of the law and it will enable you to explain it in a clear and concise way in exam answers. Using the appropriate legal terminology is an essential part of learning contract law, because it provides a common language for examiners and students alike and it provides them with a reference point to reduce any ambiguity.
Contract Law Study Aids
The plethora of resources available to all law students cannot be understated, just as preparing a strong answer cannot be overlooked. Law is often informed by its history, so getting the context right can make or break your exam performance. There are ample resources for both contextual law learning and general revision, so you should have no issue sourcing primary resources. Textbooks and law journals are widely published (online / in hard copy) and can be found at your university library. Forums such as The Student Room Law Forums, Law School Life and r/law are particularly useful for tips, advice and general conundrums. Furthermore, Twitter can be an absolute goldmine for resources , advice and exercises. First and foremost, you should follow your university account and professors if possible. After that, follow lawyers and academics from across the world. There is a contract law twitter list found here for anyone who may find it useful. Twitter has overtaken Facebook as the legal networks of choice and is a terrific source of correct information. Some accounts I would recommend for contract law learning include @richardmollen @LRandall #UKcontractlaw. YouTube is also a treasure trove. Legal YouTubers like Daniel Emerson and Jason Browning (AUS) make a variety of videos relating to contract law. Many law professors also have free videos on YouTube to help you understand the core aspects of contract law.
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