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To be enforceable the agreement must be supported by consideration and there must be an intention to create legal relations...".
In particular, you should avoid beginning your answer with a general summary of the law of contract For example: "In order to have a binding contract there must be an offer and an acceptance. For example, they may wish to know whether there is a binding contract and the consequences of this. (d) Do not assume facts which are not given and do not ponder on what the position would have been if the facts had been different - unless specifically requested to do so by the question itself, e.g. what is it that the person(s) in question wishes to know?Avoid simple and obvious statements that add nothing "This problem involves difficult issues of fact and law" OR, the introduction frequently encountered in the Contract law examination paper "This is a problem concerning Contract law"; of course it is!You can conclude simply by summarising the outcomes for the parties you were asked to advise - but only do this where you have not already given this type of conclusion at the end of the application for each issue - or where you want to conclude with a statement of the wider picture (i.e. [Back to top] There is no need to repeat the facts of the problem in the answer unless you are making use of them to expressly identify the basis for your identification of the legal issue.Remember that if something does not advance your answer to the factual scenario actually set, then do not say it.- 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.[Back to top] The formula: FACTS - LEGAL ISSUE - LAW - APPLY • Appreciate the legal issues raised.Understand the legal principles so that you can explain them convincingly.If there is more than one issue and/or if advising more than one party, you will need to deal with each separately. 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.