Contract Law Essay Help
Hi just received my first essay title for contract..im really unsure on how i should go about it considering im more used to constructing sociology essays..especially considering the fact that some essays end up being fact packs etc..but this is the essay title Consider whether procedural fairness or substantive fairness is the best basis on which to establish legally binding agreements i understand the general gist of how a law essay should be written however im not to sure on the structure and what i should be including within the main body of the essay..could anyone offer me any adivce?...much appreciated !
Original post by Blindshepherd
Hi just received my first essay title for contract..im really unsure on how i should go about it considering im more used to constructing sociology essays..especially considering the fact that some essays end up being fact packs etc..but this is the essay title Consider whether procedural fairness or substantive fairness is the best basis on which to establish legally binding agreements i understand the general gist of how a law essay should be written however im not to sure on the structure and what i should be including within the main body of the essay..could anyone offer me any adivce?...much appreciated !
You might find it easier to answer the question if you reworded it into plain English to get it straight in your mind.
What does "procedural fairness" mean? It relates to the process used to make decisions. (It's often used in judicial review-type contexts to refer to things like having the ability to argue your case before the decision maker and to appeal against the decision taken, but I'm not sure that that's how it's being used here.)
What does "substantive fairness" mean? "Substantive law" relates to the "content" of the law (e.g. to commit burglary you must actually enter a building), so here "substantive fairness" presumably concerns doing what's fair in the particular circumstances of the case.
In essence, I think the question's asking:
"What's the best way to achieve fairness? Is it to apply the same set of rules each time, or to look at the specific facts to decide what the result should be?"
It's difficult to know how to relate this to contract law since I haven't studied it in a while, but I'd have thought that the notion of considering the parties' intentions (objectively assessed) would constitute a "substantive fairness" element.
Hopefully this gives you a little more direction.
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