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LGST101 Business Law Writing Guide
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Study guide with all the content required to know for business law, including all the relevant case studies and writing formats.
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LGST101 BUSINESS LAWWriting Guide
Contents:
Framework for Answering Business Law Questions 2
General Pointers & Tips To Note 3
1. Formation of Contracts:
a. Offer and Acceptance 6
b. Consideration, Promissory Estoppel 7
2. Privity 9
3. Agency 11
4. Terms and Exemption Clauses 13
5. Vitiating Factors
a. Illegality: Restraint of Trade Clauses 15
b. Economic Duress 16
c. Undue Influence 17
d. Misrepresentation 20
e. Summary Table for Vitiating Factors 21
6. Discharge of a Contract 22
7. Remedies for Breach of Contract 24
8. Tort of Negligence 27
Appendix A 30
By using this Writing Guide, you agree to the following exclusion clause:
The information contained in this Writing Guide has been prepared solely for the purpose of advising
Business Law students with regard to how to answer questions in written reports, summaries, tests and
examinations. The author has taken reasonable care in producing this report, and you shall not hold the
author liable for any direct, indirect or consequential loss or damage (regardless of whether it was
foreseeable or not) arising from the use of this Writing Guide.
,FRAMEWORK FOR ANSWERING BUSINESS LAW QUESTIONS
Good written structure:
- Write in continuous prose (no point form)
- Show your Prof the reasoning clearly.
Example of a clear logical flow in reasoning for an issue:
Steps Examples
Legal Issue
(1) Identify the legal The legal issue is whether A can sue B for (XXX).
issue and write it out as e.g.: The legal issue in this case is can TC sue Susan for the statements made during her job
a question. interview.
(2) Apply the relevant In this case, the relevant legal principle is that of (XXX).
law principles. e.g.: In this case, the relevant legal principle is misrepresentation.
(3) State the And we are concerned whether the principle of (XXX) would allow the
consequences/effect contract to be (XXX).
on the legal issue. e.g.: In this case, we are concerned whether the principle of misrepresentation would allow the
contract to be rescinded.
Connecting Statement This raises the question of whether the principle of (XXX) would apply.
Requirements / Elements
State the requirements List all the steps required for a particular legal issue to apply.
for the legal principle e.g.: For misrepresentation to apply, we need to show that there was
to apply. 1. A false statement by words or conduct
2. Statement addressed to the party misled
3. Statement induced the party misled to enter contract.
Apply the facts of the case to the requirements and state any
assumptions where necessary. Missing information could also be
included here.
Case Law
Compare case law with The case of (XXX v YYY) can be applied in this scenario.
the facts of this case.
Compare the facts of the case with respect to the case in the exam.
Therefore, the case of (XXX v YYY) supports/differs from the facts of
this case.
Evaluation Evaluation of this case compared to case law.
e.g.: In this scenario, I feel that the claims for frustration may not be as strong as the case
law in Blackburn Bobbin Company Ltd v TW Allen & Sons Ltd . This is because ___.
Fulfillment of In this case, the requirements for (XXX) is fulfilled/is not fulfilled.
Requirements
e.g.: In this case, the requirement for a misrepresentation is not fulfilled.
Give alternative If it is not fulfilled, are there any alternative viewpoints?
viewpoints (if time
permits) e.g.: In such a case, we will consider whether the oral statement can be an implied term or
not……
Final Conclusion Therefore it is likely that (XXX) applies or (XXX).
e.g.: Therefore, it is likely in such as case that misrepresentation does apply to the facts of the
case and TC has the rights to sue to rescind the contract and claim damages…
LGST101 Writing Guide (updated 5th March 2011) © BJS, AY2010/11 T2 2
, General Pointers:
THE FOLLOWING PAGES ARE JUST A ROUGH FRAMEWORK ON HOW TO APPROACH
EACH QUESTION.
YOU ARE REQUIRED TO REMOVE PARTS THAT ARE NOT NECESSARY (IN SOME CASES)
AS WELL AS APPLY THE RELEVANT CASE LAWS. (E.g.: A question may be testing you whether
there is acceptance; so you need not consider whether there was an offer)
The list of questions covered is non-exhaustive, but should be sufficient to allow you to answer almost all
the questions.
WHEN SHOULD I USE CASE LAW?
A case law is most useful when you are trying to evaluate the strength of the argument. E.g. Was
the “practical benefits” conferred onto the promisor compared to the practical benefits conferred
onto the promisor in the case of William v Roffey Brothers?
OR You can use a case to explain why the facts of the problem is same as the case cited OR
explain why the facts of the problem do not coincide with the case (and as such, leads to a
different conclusion)
Generally, case laws are also helpful if you want to show where a general principle came from. E.g.: It was
held in R v Clarke that a person who is ignorant of an offer cannot subsequently accept an offer.
Another way to use cases is to give the case where the elements come from. e.g.: the elements of
promissory estoppel were first established in Central London Property Trust v High Tress House Ltd.
Cases can also be cited to show where certain tests were first established. (e.g. the 2-limb test of
remoteness for damages can from Hadley v Baxendale)
OTHER RANDOM POINTERS ON ANSWERING QUESTIONS
(1) Question Types and Requirements
(a) Discuss the rights/obligations of Don with respect to Jennifer.
For such questions, we need to first present the legal issue.
Then consider whether the rights/obligations still stand after considering the legal issue.
It is also good to give a judgment if necessary (e.g.: if A had a right to claim for damages
from B due to ____, what is the chance that he will succeed?)
(b) Does A have a right of claim towards B?
For such questions, we need to first present the legal issue.
Then consider A’s case against B and any forms of defense from B towards A.
You may also want to evaluate the defence from B towards A.
Note that it is COMPULSORY to raise the defense from B towards A when there
is a need to “REBUT THE PRESUMPTION”.
*** Please remember to give both sides of the pictures.
For questions like what claims do A and B have against each other?
We need to consider A towards B and B towards A.
(2) Use of Alternative Viewpoints
(a) Always present the strongest argument/viewpoint (or easiest to identify) first and explain
the flow completely.
(b) Bring in alternative viewpoints. Preferably argue the flow for both. But due to time
constraints, we may have to choose to argue the strongest viewpoint and just
mention the other viewpoints and quickly touch on why they are not as strong.
(This would show some form of thought with respect to the legal principles)
LGST101 Writing Guide (updated 5th March 2011) © BJS, AY2010/11 T2 3
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