Home Law essays Contract — discharge by frustration Essay: Contract — discharge by frustration By admin — Posted on November 14, 1.
How to be successful One important point at the start - do not treat a problem question as an invitation to write an abstract essay about the legal issues involved in the problem.
The facts are all important and application to the facts is essential.
Students will frequently write out all the law they consider to be raised by the facts and then, without separating the issues clearly, leave all their application to the end.
The dangers of excessive repetition and irrelevant points of law are high and this is very poor legal style. Facts a Start with the facts. Read the problem carefully several times. You must have a precise understanding of the facts, since facts determine the relevance of any legal points you make later.
Fact identification and Contract law frustration essay is an important legal skill. If it helps, draw a quick diagram to explain the facts and the parties.
Do not worry about how unlikely they might be.
Let the facts guide you in identification of the relevant legal issues I. For example, they may wish to know whether there is a binding contract and the consequences of this.
Consider the order in which you wish to deal with the issues raised by the facts and bear in mind the need to present points in a coherent and logical way. For example, it is usual to find an offer first before seeking to identify whether a piece of correspondence constitutes an acceptance.
Similarly, identify that the correspondence is in fact an acceptance before looking at whether it has been communicated.
The legal issue involved will determine the order in which you deal with principles and their application. The order and organisation of your lecture materials and course texts should guide you on this. Deal with one issue at a time Avoid "jumping around" between issues and mixing discussion on different issues.
Do not move on to a further issue until you have said all that is required to be said about the first identified issue. Discuss the law relevant to the issue State the law in the context of the issue raised by the facts. Always give reasons for your views and authority for legal principles and rules.
If the legal position is unclear then explain the nature of the uncertainty and suggestions on how it might be resolved - including your own view of the most likely approach to be taken by a court. In such a case it is appropriate to argue by analogy and policy a relevant example is the position on telephone answering machine messages.
However, you must not produce an answer which is based purely on policy and which ignores the law the sort of work you might produce if you had not studied a law course at all.
This is known as "layman's law" and must be avoided at all costs since it is likely to lead to a fail answer. Apply the law to the facts Assess what the likely decision would be on this issue. Note that there is often no right answer in legal problem questions because examiners often use issues where there are uncertainties in applying the law.
In addition, insufficient factual information may have been given to make any firm conclusion. Or the application of the reasonableness requirement in relation to exemption clauses under UCTA Schedule 2 guidelines and case law factors under s.
If a client came to see you in person, you would ask a series of more detailed questions. Remember that if there are major questions of fact omitted from the problem you should point these out and explain their relevance.
Avoid irrelevancy at all costs Irrelevancy can lead to double jeopardy in that it detracts from what you have said and it leaves you less time to say something which is relevant, important and effective - leading to an unbalanced answer.
Remember that if something does not advance your answer to the factual scenario actually set, then do not say it. TIP - if you are asked to advise a named person in a problem question then try to imagine that that person is sitting in front of you and is paying you for your time and advice.
This should help you to focus on what it is that that person actually wants to know and then only explain, apply and assess the law which is relevant to answering this question. Such introductions do not answer the question set; they are unrelated to the specific issue raised.
In particular, you should avoid beginning your answer with a general summary of the law of contract For example: To be enforceable the agreement must be supported by consideration and there must be an intention to create legal relations Begin directly by considering the first issue raised and avoid general introductions of the type you may previously have employed in AS and A2 level essays in subjects such as English and History.Contract: frustration.
If a contract is made, The legal effects of frustration. At common law: the contract is automatically brought to an end at the time of the frustrating event. The relevant statute is the Law Reform (Frustrated Contracts) Act It only applies where there’s no express provision in the contract for what happens if.
The Law Reform (Frustrated Contracts) Act was passed to provide a fair appointment of losses where a contract is discharged by frustration. Frustration under English law is a doctrine, which acts as a device to discharge contracts where an unexpected event either transmutes contractual obligations impossible, or drastically modifies the party's initial purpose for entering into the contract.
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The old common law had a doctrine of absolute contract under which contractual obligations were binding no matter what might occur (Paradine v Jane, ). In order to ease the hardship which this rule caused in cases where the contract could not be properly fulfilled through no fault of either.
The scope of the doctrine of frustration. Contract law is founded on the principle that liablity for non-performance is strict. While this seems particularly severe, it is substantiated with the belief that parties receive valuable consideration for taking risks.