WRITING FOR LAW (EXAMS) What is the exam going to be? 1. Scenario based question 2.

Policy based question Preparation: 1. Think about the main things learned! - See the textbook (just the sections) - See the course outline? 2. CASE summaries: - Material facts - Issue (legal) - Rule / ratio / principle (broad / narrow) See cases as comparative. MIRAT: M: Material Facts I: Issue (legal) R: Rule / Ratio (Law) A: Apply law to the facts T: Tentative conclusion - Nice to know, but no need to know (Obiter). Answering a question 1. Stating a proposition / principle / rule of law 2. Giving authority for that principle 3. Applying that principle to the facts Example 1: 1. Bill decided to accept Helen’s offer byt omitted to tell her of his decision. Acc to HFElthouse v Indley, an acceptiance of an offer in situation like t his will no t be effective to give rise to a binding agreement unless int is communicated to the offeror, therefore, there is no acceptace; OR 2. Acc to Felthouse v Bindley, an acceptance of an offer will not be effective to give rise to binding agreement unless it is communicated to the offerro. Applied here, this means no agreement was concluded between Bill and Helen because, although bIll decided to accept Helen’s offer, he omitted to tell her of his decision. Simple sentence – don’t sound like lawyers – make it a lot easier to read. 3. There was no agreement between Bill and Helen because, although Bill decided to accept Helen’s offer, he omitted to tell her of his decision. This conclusion follows from Felthouse v bindley, which established that an acceptance muyst be communicated…

Sign up to vote on this title
UsefulNot useful