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Contract Law year 1

Heeellllppppp !!!!! everyone, I need a help with my essay structure on contract law. Here’s the question that I have :Analyse the approach of the courts in situations where traditional rules of offer and acceptance are not adequate to the task of finding agreement.Thank you in advance

(edited 4 years ago)

Reply 1

AmberPotts1

If you're analysing the courts approach this is what I'd advise...

- Introduce what the courts are aiming to achieve & where there may be ambiguity in the area. Discussion of different definitions and approaches to the area.
- Go into your essay by selecting the leading cases and comparing language in judgements. E.g. how was the Court of Appeal different in their approach to the House of Lords / Supreme Court.
- Could suggest why (context at the time, other developments where relevant) - Be critical of the fact the traditional rules may not be so effective anymore (find some academic commentary for this)
- The essay should be heavily focused on the judgements (what was the Ratio of the case compared to what was considered Obiter in another?)
- Heavy use of case law here (bring in some academic commentary on the area where you can to criticise the case or the judgement)
- There will be leading cases. You can check on West Law now it will tell you if a case is significant or of positive / negative judicial consideration - you can then use this as a stand point to discuss for example why the Supreme Court overruled a previous decision or the fact this is a leading case and analyse that.
- NOTE: the leading cases are a great springboard. Try to from there, bring in other relevant case law to develop your points further.

I hope that this helps you? :smile: