Advise Dexter on each of the following questions (you must refer to relevant case law and, where appropriate, additional sources to support your argument); 1. Does a contract exist between Dexter and Susan that will enable Dexter to enforce a delivery dea
Michelle_Michy
20192020_LECTUREWEEK6_AdditionalAssignmentGuidance1.pptxCB5009 Study Skills
Learning from previous assignments to finalise your Assignment 1
1
What are you aiming for?
READING & KNOWLEDGE
Correct knowledge of the formation of contract principles
Excellent / Very good knowledge of relevant cases
Excellent / Very good knowledge of the types of ADR
Excellent / Very good knowledge of the court system
UNDERSTANDING, ANALYSIS & ARGUMENT
Excellent / Very good application of knowledge to scenario
Excellent / Very good application, as opposed to just use, of cases
Excellent / Very good summarising of cases
Clarity of thought around the parties’ issues
Credible and supported argument presented
ORGANISATION & PRESENTATION
Clear and logical structure to answer
Succinct introduction with appropriate definition
Accurate spelling and grammar
Accurate referencing in text and Reference List
Correct case citations in footnotes and Reference List
Appropriate objective tone
2
What are the typical comments I make?
You need to ensure you follow a clear structure - so you:
look at the facts
identify the problematic area of law
consider the rules relating to that problem area
apply them to the facts supported by cases
reach a decided outcome
Make sure you tick off ALL the elements of a contract inc. offer, acceptance, consideration (e.g. using CASE? for definition for bilateral consideration, or if applicable performance of the requested act in a unilateral contract as found in CASE?) and ICLR (backed by CASE?)
NB: intention to create legal relations IS NOT THE SAME as intention to be bound
Exactly what we have been practising in the seminars!
3
What are the typical comments I make?
Ensure you apply cases i.e. show why they are relevant, do not just mention them
it is important to show how their facts apply to the scenario you are considering.
NB: if you state a principle / rule of law you need to cite the case that has given us that principle (don’t forget that!).
Don’t forget to include all possible methods of resolution, including ADR and the court system (with the relevant track)
Always consider an alternative stance
If you are sure it is an offer have you checked it is not potentially an ITT / an enquiry for information / a response to an enquiry?
Acceptance is not acceptance unless you have a) identified a valid offer b) that offer has not been not extinguished by any other ‘offers’, and c) it has been validly accepted
Remember the acceptance rules – e.g. must be communicated, or can be evidenced by performance (as seen in CASE?)
And remember, the instant comms rules only apply to communication of ACCEPTANCES – not communication of offers
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What are the typical comments I make?
Look back at my assignment guidance on checking your work for organisation and presentation
No excuse for sloppy mistakes!
Check the referencing guide on Moodle to ensure you complete your citations in footnotes and correctly reference other sources
List all cases and statutes (if used) alphabetically in your Reference List
Keep your sentences short – this helps to make the points you are putting across clearer to the reader
Avoid using the first person – you need to maintain an objective tone throughout your answers
Include page numbers from your source when directly quoting e.g. (MacIntyre, 2018, p.69)
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Learning from previous assignments to finalise your Assignment 1
REMEMBER! You can send to me a bulleted answer plan for non-substantive comments by midnight on 4th November, 2019
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