Much appreciated, thanks for taking the time... On Sep 15, 8:46 pm, "[EMAIL PROTECTED]" <[EMAIL PROTECTED]> wrote: > Ok, react however you want to this, but I teach contract in > Griffith. > > I appreciate the difficulty many have in doing these exams, and I > appreicate that grinds / our classes etc may be out of the reach of > some for time / work reasons or many other reasons. I do, however, > empathise with "trying to get into the law profession" for personal > reasons and I think its important that good karma get done in this > world and that if you need help, someone should give it...Obviously > nothing here is new to GCD students, but look...if it helps anyone > reach their goals (as corny as this sounds) I'm that bit happier.... > > Please note: the formatting in a post like this is difficult, and I'm > typing this relatively fast and i'm not really sure my spelling is as > accurate as can be and I may not include everything from the April > 2008 paper below. > > General Tip > > Always integrate the facts in the problem questions in your answer. > Examiner needs to see you're not just writing "all i know" about a > subject. > > Note that there are often problems in contract with the problem > questions. Sometimes they are very long, and sometime have "peculiar" > aspects. I would always turn the page immediately and see what essays > I could do before wasting time reading problem questions I dont end up > doing. > > It’s a trend to ask students to have insights on how law should be > reformed in certain issues and not just to ask straight forward “write > all you know” essays. > > Re tips, its odd with contract because so much comes up each and every > year. I’m going to use letters to represent that I which I think > should be your focus in order of importance: > > A = Critical > B = Do after the critical > C = If the exam is on the next day, leave out for A and B, otherwise > still include > D = Less important > E = don’t worry, and I only think this about Agency. > > The main difficulty is some issues can (and have been mixed) with > others. So, whereas consumer protection comes up less offer and > acceptance on its own, any given year could see them mixed. > > Offer and Acceptance = A > > Q.1 Oct 2007 / Q.2,5,6 March 2007 / Q.1 Oct 2006, Q2 April 2006/Q2 & > Q4 Oct 2005 / Q. 1 April 2005 / Q.1 April 2004 /Q. 1 Oct 2003 / Q. 1 > Oct. 2002 / Q. 1 Sept. 2001 / Q.1 March 2001 / Q.1 April 2000 / Q. 1 > April 1999 > > Absolutely 100% required. Often comes up in problem questions which > require ability to deal in a concise basis with facts. Can arise in > conjunction with mistake (see Q2 of March 2007) or consumer protection > issues. Very important to be able to deal with how acceptance applies > in the context of modern communication (e.g. one person accepts by > post on Monday, the other by fax on Tuesday, post arrives on Friday, > fax arrives on Wednesday – that sort of thing!). Be able to write > essays on sub-issues like revocation of offers etc. > > Intention to Create Legal Relations = B > > Q. 6 Oct 2007 / Q.2 March 2003 / Q.2 April 2002 / Q.1 Oct. 1999 / Q.2 > April 1999 / Q. 2 April 2000. > > Know more than one case! Be able to deal effectively with fact > situations where this may arise. Remember its about more than family > issues and one has to consider commercial issues and “agreements to > agree”. > > Consideration = A > > Q.3 April 08, Q.5 & Q. 6 Oct 2007 / Q.3 March 2007 / 5 Oct 2006/ Q.5 > April 2006 / Q. 2 Oct 2005 / Q. 1 Oct. 2004 / Q. 2 Oct. 2002 / Q. 1 > April 2002 / Q. 1 Oct. 2000 > > Incredibly important that you understand relationship between > consideration, promissory estoppel and Williams v Roffey. See > questions 6, Oct 2007, and 5(a) of October 2006. This is a favourite > of examiner. > > Statute of Frauds = B > > Q. 1 Oct 2005 / Q. 2 April 2005 / Q. 2 Oct. 2004 / Q.2 April 2004 / Q. > 1 October 2003 / Q. 1 March 2003 / Q. 3 April 2002 / Q.2 March 2001 / > Q. 2 Oct. 2000 / Q.3 October 1999 > > Fundamental to know how it applies and the role of “subject to > contract”. Remember that the statute only comes in when there is a > valid oral contract – i.e. in some cases there is no contract! In > that regards, know about the Supermacs case and whether agreement on a > deposit is essential for a contract (see Q1, Oct 2005) > > Privity = B > > Q5, April 2008 / Q.8 Oct 2007 / Q. 5 Oct 2006 / Q. 8 March 2003 / Q. 7 > Oct. 1999 > > Arisen mainly in essay based form. Be able to deal with possible > reform of the area. Be aware that examiner is asking a “special” > question which deals with how a party to a contract (i.e. one privy to > it) can sue for damages occasioned by a third party. I.e. q.5 April > 2008). > > Capacity = C > > Q. 8 Oct 2006/ Q.7 April 2004 / Q.3 March 2003 / Q. 7 October 2000 > > Minors, drunks, mentally ill! All important and know the role of > equity and unconscionable bargains! > > Terms (including the Oscar Chess / Dick Bentley issue, Parol Evidence, > and relative importance of terms) = B > > Q7, April 2008 Q.7 April 2007 / Q. 4 Oct 2007/ Q.8 March 2007 / Q.8 > April 2006, Q 3 Oct 2005 / Q.3 April 2004 / Q. 4 March 2001 / Q. 4 > Oct. 2000 / Q. 4 March 2001 > > Be aware the examiner has an unusual syntax when it comes to > misrepresentation. Be aware that something can be a term of a > contract and be an actionable misrepresentation and be able to provide > advice on the remedies for misrep. Otherwise, essays on Parol > evidence should be do-able, and students should understand the > difference between conditions and warranties and the consequences of > such. > > Exclusion Clauses = B > > Q.6 April 2008 / Q. 4 Oct 2007 / Q. 7 Oct 2006./ Q.7 April 2006 / Q. 3 > October 2003 / Q.4 April 2002 / Q. 3 Sept. 2001 / Q.3 Oct. 2000 / Q.3 > April 1999 > > I myself don’t understand what the examiner really meant in q6 of > April 2008 asking you to distinguish exemption from limitation > clauses. See e.g. Q4 of Oct 2007 where she seems to equate a > limitation clause with one that limits rather than excludes > liability. Otherwise, understand the principles relating to > incorporation (especially that signature incorporates!) and be able to > interrelate the effect of consumer law and the non-consumer aspects of > the Sale of Goods legislation on exclusion clauses. > > Consumer Protection = B > > Q.2 Oct. 2007 / Q. 3 Oct 2005 / Q. 3 April 2005 / Q. 4 April 2004 / Q. > 4 March 2003 / Q. 5 October 2002 / Q.4 April 2002 / Q.4 Sept. 01 / Q.5 > March 01 / Q.3 April 2000 / Q. 3 Oct. 1999 / Q.4 April 1999 > > Can arise interwoven with questions on offer and acceptance etc. Some > ask me can they leave this out and just look at the questions it arose > in! So, no!. > > Illegal Contracts = B > > Q. 8 April 2008 / Q.4 March 2007 / Q 6 Oct 2005 / Q. 8 Oct. 2004 / Q.6 > Sept 2001 / Q.6 Oct. 2000 / Q.6 April 2000 > > Good students point out that the examiners questions are something > hard to understand. They are right. Nothing more I can say than you > have to know how the common law deals with contracts which are > “illegal” in the broad sense of the word or which are otherwise held > to be unenforceable. Statutory illegality not to be neglected either! > > Void Contracts = C > > Q 8 April 2005 / Q. 5 October 2003 / Q.6 Oct 2002 / Q.7 March 2001 / Q. > 6 April 2000 / Q.4 Oct. 1999 > > Generally about restraint of trade which can be a problem question. > But still have to know it all! > > Duress and Undue Influence = A > > Q. 4 April 2008 / Q. 5 Oct 2007 / Q. 5 April 2006 / Q. 7 April 2005 / > Q. 8 April 2004 / Q.7 Sept. 2001 / Q.5 April 2000 / Q.7 April 1999 / Q. > 8 April 2002 > > Absolutely critical. Can arise in problem questions or straight > essays. Essay on economic duress asked in q5 of October 2007. > > Misrepresentation = B > > Q. 2 Oct 2007 / Q.5 March 2007 / Q.2 Oct 2006 / Q.1 April 2006 / 3 Oct > 2005 / Q. 5 Oct. 2004 / Q.4 Oct. 2002 / Q.6 March 2001 / Q.5 Oct. > 2000 / Q.5 April 1999 > > See my above comments on misrep. > > Mistake = A > > Q. 1 April 2008 / Q.7 Oct 2007 / Q2 March 2007 / Q.3 Oct 2006 / Q.1 > April 2006 / Q. 8 Oct 2005 / Q. 5 April 2005 / Q. 6 Oct. 2004 / Q.5 > April 2004 / Q.6 March 2003 / October 2002 / Q.5 Sept. 2001 / Q.8 > October 1999 > > After offer and acceptance the second thing you should study…has > appeared on every exam so far under new examiner. > > Discharge of a Contract = A > > Q.2 April 2008 / Q.3 Oct 2007 / Q.1 March 2007 / Q.2 Oct 2006/ Q3 and > Q4 April 2006 / Q. 7 Oct 2005 / Q. 4 April 2005 / Q. 4 October 2004 / > Q. 6 October 2003 / Q.4 Oct. 2002 / Q.6 March 2001 / Q.5 Oct. 2000 / > Q. April 1999 > > Again, the amount of questions speaks for itself! Interelates with > conditions and warranties. > > Remedies = A > > Q.2 Oct 2007 / Q.4 March 2007 / Q.6 April 2006 / Q. 5 October 2005 / > Q. 6 April 2005 / Q. 7 October 2004 / Q. 6 April 2004 / Q. 8 October > 2003 / Q. 7 March 2003 / Q.7 October 2002 / Q.8 October 2002 / Q.7 > April 2002 / Q.8 Sept. 2001 / Q.8 Oct. 2000 / Q.8 April 2000 / Q.8 > April 1999 > > Very important that students have a good handle on the principles > governing damages and know more cases than just Hadley and Victoria > Laundries…I can’t emphasise that enough… > > On Sep 14, 8:27 pm, yelloweyes <[EMAIL PROTECTED]> wrote: > > > > > If anyone does get hold of tips for tort or contract it would be > > really appreciated if you could forward them to me as well pleease!! > > Thank you! > > > On 13 Sep, 21:50, legalegal08 <[EMAIL PROTECTED]> wrote: > > > > hey guys just wondering does anyone have an uptodate tort or contract > > > grid. Also wondering if anyone has the griffith tips on the afore > > > mentioned. > > > Would really appreciate it if you could e-mail them to me :) as have > > > to cut down on the topics- Hide quoted text - > > - Show quoted text - --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "FE-1 Study Group" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.ie/group/FE-1-Study-Group?hl=en-GB -~----------~----~----~----~------~----~------~--~---
