Aug 27, · If you are asking how to write a good law essay, the answer would be – pay most of the attention to a body of it. To examine context and analysis of the legal concern effectively, it is important to give context and analysis of legal issue in a body paragraph. This demonstrates that you have a sound understanding of the topic in blogger.comted Reading Time: 7 mins Nov 14, · A Contract Law Problem. Question 1 Issue The issue is whether the contract entered into by Harry, a clerk in the factory office is enforceable against the company. Rules A company can enter into a contract by the virtue of s There are several ways a company can contract with the outsiders. One common way is to affix the [ ] Pages: 6 Words Oct 08, · According to the law of contract, any agreement is legally binding and enforceable at law if there are an offer and an acceptance between the parties involved. Moreover, even though the contract for the purchase of the automobile was oral, it is still legally binding and enforceable at law since it was implied in fact (Smith & Atiyah, ).Estimated Reading Time: 6 mins
Sample Bar Questions: Contracts Essay & Answers
If you look at my previous post on Stage 1 outlines, you can see that this approach to a contracts essay practically mirrors the outline. Since you will be memorizing your own outlines, it would help to use it as your approach to answering your essay questions. This post will not go into rules or definitions. It is just an efficient way to answer a contracts essay question. It is best to use headlines when answering any essay question not only contracts because it helps the grader understand your answer.
I should also mention that some people like to start by defining a contract. Others like to start with applicable law. The first part does not usually answer how to write a contract law essay call of the question, but I feel the introduction is necessary for all contracts questions. Remember the UCC is used when the sale of goods is involved in the contract.
The Common Law is used with all other contracts. The UCC applies to sale of goods movable personal property all other contracts are governed by common law. Here the contract involves the sale of widgets. Because widgets are goods movable propertythe UCC applies. Sometimes the subject matter appears to be both a good and a service. Ex: the sale and installation of an air conditioning unit In that case, you could apply one or both of these tests.
Remember that contracts require offer, acceptance and consideration. Remember to specify which facts constituted each of those requirements.
If you are missing Offer, Acceptance or consideration you do not have a contract but you may have something else. This is also where you discuss the statute of frauds. As you know, some contracts Must be in writing. Do you remember which ones? What are the terms of the contract? Is there a condition? Here you may have to look at the Parol Evidence Rule. Or whether there has been a modification in the contract terms.
A how to write a contract law essay to perform under the contract may not be absolute if there is a condition that has not been satisfied. So you must look to whether there is a condition and, if so, whether there it is a condition precedent, concurrent or subsequent, how to write a contract law essay. There is also the possibility the the condition has been excused.
illegality, impossibility, novation, accord and satisfaction, etc…. If applicable, you can write about nonmonetary damages specific performancemonetary damages, restitution, rescission, reformation etc…. I realize that this is very broad. Most contracts essay questions are very precise about which of the above issues they would like an answer to. Always remember to look at the call of the question.
There are precise ways that I like to answer each of these sections. You should develop your way as you develop your outline. Hopefully, this is just something you can work with. Yes, I knowI did not include Third Party Rights.
I will have a separate post on addressing that issue. Developer had an option to purchase a five-acre parcel named The Highlands in City from Owner, and was planning to build a residential development there. Developer could not proceed with the project until City approved the extension of utilities to The Highlands parcel.
In order to encourage development, City had a well-known and long-standing policy of reimbursing developers for the cost of installing utilities in new areas.
Developer signed a contract with Builder for the construction of ten single-family homes on The Highlands parcel. During precontract negotiations, Developer specifically informed Builder that he could not proceed with the project unless City followed its usual policy of reimbursing the developer for the installation of utilities, and Builder acknowledged that he understood such a condition to be implicit in section 14 d.
Because this additional cost made the project unprofitable, Developer abandoned plans for the development and did not exercise his option to purchase The Highlands parcel from Owner. In the meantime, Architect purchased The Highlands parcel from Owner and contracted with Builder to construct a business park there. What arguments can Developer make, and what is the likely outcome, on each of the following points?
Notice that this question asks for the answer to specific issues: Breach, Performance and Damages. I would still go into applicable law and formation. Answer This is one of the model answers provided by the California State Bar. This contract is for construction services. As a result, it will be governed by the common law. In order to proceed, Builder must establish a valid contract, which requires 1 offer, how to write a contract law essay, 2 acceptance, and 3 consideration.
The facts state that Builder and Developer reached an agreement and signed a contract. Therefore, there is likely the required offer, acceptance and consideration. In any event, the contract was signed, which indicates that it would satisfy the Statute of Frauds anyway. There is a valid enforceable contract. A breach of contract occurs when a party to the contract does not perform after performance comes due. Therefore, if performance has not come due, there cannot be a breach.
Likewise, if the party substantially performs his obligations under the contract, there is no breach. Performance only comes due after the occurrence of all conditions precedent to performance.
This contract contained such a condition. Therefore, unless the City how to write a contract law essay these extensions, performance is not due. Builder will argue that the City did approve the extensions, and that performance is due. The fact that the City approved the extensions is true; however, it still may not give rise to performance.
Developer will rebut this argument with a claim that Developer and Builder agreed that this condition impliedly included the condition that City reimburse Developer for the cost of the extensions.
A merger clause in a contract indicates that the contract is a final integration of the agreement between the parties. This clause causes the Parol Evidence rule to apply.
This rule states that no prior or contemporaneous oral statements are admissible that contradict the final integration between the parties. Builder will argue that the statements by Developer that the condition means that the City how to write a contract law essay approve and reimburse for the extensionsis barred as parol evidence.
However, the parol evidence rule does not outlaw all statements. Developer can still admit statements that prove the existence of a condition precedent to the formation of the contract or statements that explain the meaning of a clause in the contract, how to write a contract law essay. Both the merger clause and parol evidence rules apply here. The statements in question represent the agreement by Developer and Builder that the condition in 14 d means that the agreement is conditioned on reimbursement by how to write a contract law essay City for the cost of the extensions.
This means that there was an additional condition precedent: the contract is conditioned upon reimbursement by the City. This also means that statements that Developer seeks to admit will explain the language of 14 d.
Therefore, how to write a contract law essay, the statements Developer seeks to admit will [be] admissible by the Parol Evidence Rule. Because Developer can admit the statement pertaining to reimbursement, he will be able to establish that performance is not due.
As a result, his failure to perform is not a breach. Performance can be excused by the occurrence of a number of events. These include frustration of purpose, impracticability, impossibility, and failure of a condition precedent. Failure of a condition precedent is discussed above. Frustration of purpose excuses performance under a contract when performance is still technically possible, but the purpose of the contract no longer exists. Here, the purpose of the contract was to make money on the development of a residential community.
Builder, who knew that he was expected to build single family how to write a contract law essay, was aware of the purpose of the contract. Circumstances did change pertaining to the development.
The City had a long-standing policy of reimbursing the cost of extensions to new areas. After this contract was entered into, the City changed this policy.
Therefore, the second element is met. Lastly, Developer must show that the change in circumstances made the purpose of the contract unavailable. However, Developer could still build the extensions, and therefore, build the residential development. It would cost Developer more money; however, the purpose of the contract was still available.
Therefore, the purpose of the contract was not frustrated. It may have been less appealing to Developer, but it was not frustrated. Performance of a contractual obligation is impracticable when 1 circumstances affecting the contract have changed, 2 the change is not due to any act by the defendant, and 3 the change of circumstances causes undue hardship on the defendant.
Here, as discussed above, circumstances did change: City changed a long-standing policy. Therefore, Developer need only demonstrate undue hardship to prevail with this claim.
The change of the policy meant that Developer would bear the burden of financing the extensions required to build the community. Making a project unprofitable is probably inadequate for a court to find impracticability. Developer would have to establish more than simple unprofitability.
Contract Law: The Parol Evidence Rule
, time: 6:44One Approach to a Contracts Essay on the Bar Exam | Cageside Counsel
Oct 26, · Contract Law Essays. The essays below were written by students to help you with your own studies. If you are looking for help with your essay then we offer a comprehensive writing service provided by fully qualified academics in your field of study Contracts I Fall Answer () Contracts II Spring Exam. Contracts II Spring Answer () Contracts I Fall Exam. Contracts I Fall Answer () Contracts II Spring Exam. Contracts II Spring Answer () Contracts Fall Exam. Contracts Fall Answer () Nov 14, · A Contract Law Problem. Question 1 Issue The issue is whether the contract entered into by Harry, a clerk in the factory office is enforceable against the company. Rules A company can enter into a contract by the virtue of s There are several ways a company can contract with the outsiders. One common way is to affix the [ ] Pages: 6 Words
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