Topics covered in module
· Offer and Acceptance
· Consideration
· Contract Terms
· Exemption Clauses
· Breach of Contract and Remedies
· Tort of Negligence
· Professional Negligence
· Misrepresentation
· Defences to Negligence and Remedies
Instructions on how to answer a problem-based question?
· Identify topic area: which topic is the PQ related?
· Look for key words: Defining key words will often earn you some credit, However you must analyse key words in the context of the question.
· Analysis: Look to solve the problem by analysis rather than writing on” Everything I know about X” as that does not answer the question and you will be lucky to scrape a pass. Even worse, you may miss the point of the question completely as it may be on another topic altogether, in which case you will be lucky to get any marks at all.
· Authority (case/statutes): Linking to the last point, your analysis should always be supported by authority. Supporting points made with relevant cases/statutes wherever possible and underline sources (i.e. Harvey v Facey [1893]). For cases, one example explained per point will be adequate unless they deal with different aspects of the same point. Otherwise simply list others. For statutes, if the answer to the question turns on the provisions of a statute, cite the provision briefly, by giving the name of the statute, the year and the number of the section e.g. s14(2) Sale of Goods Act 1979. Having cited the appropriate section, paraphrase the relevant parts and apply it to the question.
· Conclusion: If there are alternative lines of argument (e.g. in a problem question), you have to give preference to one point of view; i.e. indicate that you favour one line of argument over the other. In fact, you should do so if you have been asked; “Do you agree?” or “To what extent?”