Contracts Final Exam Notes

Contracts exam 1  Always use this quote when answering a problem questions regarding Estoppel.  For exam do not answer like in tort (referring to all elements and explaining each). In contract you put in a quote like the one above and then apply to the facts. Use the key words in the elements in your answer. Do not explain them step by step.  Example of how to answer questions on estoppel in exam  We can see a clear cut unequivocal representation by Spencer created an assumption by hoyts that they will not be kicked out. Because of that statement it induced hoyts to set up the multi million dollar project. They relied on that statement and it was completely reasonable for them to do so. If spencer is permitted to (Unconscionability) deny making that promise Hoyts will suffer millions of dollars of detriment which Spencer would have been aware of.  Always start with cases (quotes, precedents) in exam questions. At the end of the answer (to fatten it up) throw in legislations. (just throw it in do not put in too much info). Use headings when writing on different issues Read problem twice to find ALL issues Plan the entire answer before writing answer. Strongest to weakest argument Write answer using IRAC method Issue, Rule (with authority), Application (what would one party argue and what will the other party argue), Conclusion (conclude each paragraph) Have a overall intro suggesting what the main issues are and overall conclusion. Work on getting ‘ticks’ (basically try and have a ‘reason’ behind every line). Clear identification of an issue Why a case is relevant to the answer Case authority for a statement Always state a conclusion (its more likely then not this is possible) It is highly likely For a HD 2  Comprehensive answers  Correct statements of law  Logical structure  Creative points  Persuasive argument The issue is The rule is Criteria  Identification of issues  Application of rules to facts  Persuasive conclusion
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