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Contract law formative essay

Hiya, I wondered if I could get some help picking out relevant points to make when answering this essay question:

Last Monday night, Frank, the editor of The Stockworth Reporter saw the following advert which Rupert had decided to place there and which was to appear in the newspaper on Thursday.
Fine collection of clarets for sale. Many top chateaux featured. 100 bottles. £3000. First come first served.
Frank did not like to ring the contact number that night because he was worried that Rupert would be asleep. However, he wrote and posted a first class letter to Rupert agreeing to pay the £3000 stipulated. Due to an error on the part of the postal services, the letter did not arrive at Rupert’s house on the Wednesday, as Frank had expected. Rupert received the letter on Friday lunchtime. By that time Rupert had already received two other communications concerning the wines. The first was from Sylvia, who rang Rupert on Thursday morning when the paper first went on sale. She said she would like to buy the wines, but wondered if Rupert would take an immediate payment of £2700 in cash for them. Rupert said he wasn’t desperate for a quick sale, that the wines were worth £3000, and that if he had to, he would take a cheque for the full amount. He then rang off. When Sylvia rang back an hour later to ask to whom the cheque should be made payable, Rupert informed her that he had just sold the wine to Jeremy.
Advise Frank.

I'm at a bit of a loss and can't figure what's relevant and what's not from what we've covered so far this year. Any help would be massively appreciated!

Holly
I spotted an issue of postal rule (just one of the issue). Others would include the legal status of adverts appeared in newspapers etc. Just split the question in sections, look for the first issue and follow the structure below. Its not that hard. I hated Contract law but suprisingly enough, I got a first in both my exam and coursework for it so its really not that hard.

You need follow IRAC which simplies for:

I- identify the issues
R- the rule/law
A- apply the relevant rule/law to the facts of the case
C- Conclude overall
Original post by holly12350
Hiya, I wondered if I could get some help picking out relevant points to make when answering this essay question:

Last Monday night, Frank, the editor of The Stockworth Reporter saw the following advert which Rupert had decided to place there and which was to appear in the newspaper on Thursday.
Fine collection of clarets for sale. Many top chateaux featured. 100 bottles. £3000. First come first served.
Frank did not like to ring the contact number that night because he was worried that Rupert would be asleep. However, he wrote and posted a first class letter to Rupert agreeing to pay the £3000 stipulated. Due to an error on the part of the postal services, the letter did not arrive at Rupert’s house on the Wednesday, as Frank had expected. Rupert received the letter on Friday lunchtime. By that time Rupert had already received two other communications concerning the wines. The first was from Sylvia, who rang Rupert on Thursday morning when the paper first went on sale. She said she would like to buy the wines, but wondered if Rupert would take an immediate payment of £2700 in cash for them. Rupert said he wasn’t desperate for a quick sale, that the wines were worth £3000, and that if he had to, he would take a cheque for the full amount. He then rang off. When Sylvia rang back an hour later to ask to whom the cheque should be made payable, Rupert informed her that he had just sold the wine to Jeremy.
Advise Frank.

I'm at a bit of a loss and can't figure what's relevant and what's not from what we've covered so far this year. Any help would be massively appreciated!

Holly


Break it down into component parts.

1. What's the significance of adverts? Is it an offer? What does first come first served mean?
2. Whats the significance of Frank not ringing? What's the significance of him using the post? What does the postal rule say and is there a contract?
3. What is the effect of the letter not arriving?
4. What is the effect of the mistake of the postal service?
5. Was there a contract with Frank?
6. What can you say about Sylvias actions? Were they an acceptance or something else? What about method of communication and how does that resolve with Franks possible accpetance?
7. What was the significance of Sylvias cash offer?
8. Significance of Ruperts response
9. Significance of Rupert ringing off?
10. Significance of jeremy and the proposed sale?


It is all relevant. What will help is if you draw a timeline with 4 lines for each participant. That way you san list the events, see who does what when and then as you learn the relevant law you can assess the impact of those actions on the others.

Theres case law for virtually all those points. once youve read your notes and the textbook then you cna easily see when a contract is formed or not and the effect on everyone elses competing claim.

You can ofc use IRAC (as pointed out by BL)when writing the answer.
(edited 7 years ago)
Reply 3
Original post by BrokenLife
I spotted an issue of postal rule (just one of the issue). Others would include the legal status of adverts appeared in newspapers etc. Just split the question in sections, look for the first issue and follow the structure below. Its not that hard. I hated Contract law but suprisingly enough, I got a first in both my exam and coursework for it so its really not that hard.

You need follow IRAC which simplies for:

I- identify the issues
R- the rule/law
A- apply the relevant rule/law to the facts of the case
C- Conclude overall


Thank you so much!! This is super helpful! I wish they'd do a lecture on approaching essays but it's more a case of get out there and give it your best shot aha
Reply 4
Original post by 999tigger
Break it down into component parts.

1. What's the significance of adverts? Is it an offer? What does first come first served mean?
2. Whats the significance of Frank not ringing? What's the significance of him using the post? What does the postal rule say and is there a contract?
3. What is the effect of the letter not arriving?
4. What is the effect of the mistake of the postal service?
5. Was there a contract with Frank?
6. What can you say about Sylvias actions? Were they an acceptance or something else? What about method of communication and how does that resolve with Franks possible accpetance?
7. What was the significance of Sylvias cash offer?
8. Significance of Ruperts response
9. Significance of Rupert ringing off?
10. Significance of jeremy and the proposed sale?


It is all relevant. What will help is if you draw a timeline with 4 lines for each participant. That way you san list the events, see who does what when and then as you learn the relevant law you can assess the impact of those actions on the others.

Theres case law for virtually all those points. once youve read your notes and the textbook then you cna easily see when a contract is formed or not and the effect on everyone elses competing claim.

You can ofc use IRAC (as pointed out by BL)when writing the answer.


Thank you so much for your time, excellent advice!

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