Preparing for your Law Assignments:
Introduction:
The following is HOW to get much further in your assignments:
Introduction:
The following is HOW to get much further in your assignments:
And please note that there is a very good reason why I am highlight text in red.
This piece of advice WILL help you to achieve at least 2 grades higher, ie if you follow precisely...and I mean precisely.
I have divided this into a few sections:
Chapter 1) Preparing your readings
Chapter 2) Group work
Chapter 3) Types of Questions
Chapter 2) Group work
Chapter 3) Types of Questions
Chapter 4) Marking Criteria for case questions
Chapter 5) Structure and Layout, Plagairism, Grammar and references
Chapter 5) Structure and Layout, Plagairism, Grammar and references
Chapter 6) Sample Top Individual assignments previously submitted by DMS students with teacher's commentaries
Chapter 1) Preparing your readings. Are you qualified to start answering these questions?
1. Finish your study process before you attempt this question
Chapter 2: Group work:
Don't split up the work, everybody learns nothing! Don't waste your time, you might as well not submit the assignment.
Here is the right way to do it so that everyone learns everything!
1. Finish your study process before you attempt this question
Chapter 2: Group work:
Don't split up the work, everybody learns nothing! Don't waste your time, you might as well not submit the assignment.
Here is the right way to do it so that everyone learns everything!
Chapter 3 : Types of questions
There are two types of questions in an Assignment
There are two types of questions in an Assignment
a) The essay question:
And our essay is not this type, you will fail the essay on the basis of wrong format!!:
eg Q: Explain the effect of Donaghue vs Stevenson on the development of the Law of Negligence
And our essay is not this type, you will fail the essay on the basis of wrong format!!:
eg Q: Explain the effect of Donaghue vs Stevenson on the development of the Law of Negligence
The essay style is like a typical essay that you have been doing all your life, like a composition.
b) Our essay is a case question aka an application question
this is where all have difficulty with the format and you need to really spend time on this (at least 2-4 hours)
this is where all have difficulty with the format and you need to really spend time on this (at least 2-4 hours)
eg
Jack and Jill went up the hill to fetch a pail of water, Jack fell down and broke his crown and Jill came tumbling after.
Jack and Jill went up the hill to fetch a pail of water, Jack fell down and broke his crown and Jill came tumbling after.
Advise Jack on whether he can successfully sue the Landowner.
The above is known as a case question: make no mistake about this, if you do not follow a set style , you are likely to fail.
I) Application question Answer style:
You probably have to watch at least 5 to 8 different videos of the IRAC format on youtube:
https://www.youtube.com/results?sp=CAM%253D&search_query=irac+method
You probably have to watch at least 5 to 8 different videos of the IRAC format on youtube:
https://www.youtube.com/results?sp=CAM%253D&search_query=irac+method
Here goes:
IRAC Method
: I= Issue
R= Rule
A= Application
C= Conclusion
To draw the closest similarity , it's like a math question that you have been doing all your life...
Example of a Math case question:
The circular carpet of the hotel lobby needs to be replaced as it is worn out. Find the area of the replacement carpet. Given its radius to be 7 m.
Answer:
I=Issue: To calculate the area of a circle using the formula.
Rule or Applicable Mathematical Law : Area of circle = ∏r2
Application of facts to law:
Area of carpet = ∏ X 7 X 7
: I= Issue
R= Rule
A= Application
C= Conclusion
To draw the closest similarity , it's like a math question that you have been doing all your life...
Example of a Math case question:
The circular carpet of the hotel lobby needs to be replaced as it is worn out. Find the area of the replacement carpet. Given its radius to be 7 m.
Answer:
I=Issue: To calculate the area of a circle using the formula.
Rule or Applicable Mathematical Law : Area of circle = ∏r2
Application of facts to law:
Area of carpet = ∏ X 7 X 7
Conclusion : 22/7 x 7 x 7= 154 sq m
So now compare with the case question below:
So now compare with the case question below:
Chapter 4: Marking Criteria for case questions
Never use American cases: Only Singapore and Uk cases are accepted. You will fail this subject when you use cases from the wrong jurisdiction. This happens very often when you take shortcuts to google research instead of hitting Uk textbooks in SIM library.
Never use American cases: Only Singapore and Uk cases are accepted. You will fail this subject when you use cases from the wrong jurisdiction. This happens very often when you take shortcuts to google research instead of hitting Uk textbooks in SIM library.
Here's the general marking criteria for case questions used for CAs as well as exams
Unsatis
factory=F
|
Satisfac
tory=D
|
Good= C
|
Very Good=B
|
Exce
llent = A
|
Com
ments
| |
Adoption of a clear structure and format of answer
into:
a) Applicable Laws,
b) Application of facts to Law
c) Conclusion
| ||||||
Clear usage, statement and explanation of relevant
applicable Laws
| ||||||
Original and clear argument, Logical and convincing
discussion on Application of facts to Laws
| ||||||
Appropriate referencing (in‐text and list of
references)
| ||||||
Number and quality of cases
At least 8 for Individual Assignment
| ||||||
Clear and comprehensive written style (spelling,
grammar, syntax etc) Please make sure you use
“Grammar and Spell check” functions to check your
submissions.
|
Teacher's Commentary Legend annotated on your essay:
Blue Highlight means these points were very good and significant. Above average Standard.
Green highlight means these points were reasonably good and significant. Credit Standard.
Mustard means that some of these points were irrelevant or should have been shortened
Grey means that the points should have been made clearer.
Red means that the wrong law was stated.
a) plagiarism : Unlike other subjects, it is OK to replicate the "Applicable Law" section, but not ok to plagiarise the "application of facts to law" section.
The applicable Law is like a math formula : the meaning will be inaccurate if you paraphrase it.
The applicable Law is like a math formula : the meaning will be inaccurate if you paraphrase it.
b) How to use references style:
c) Layout and Structure
Observe the sample essays below , they are organised into IRAC style, well paragraphed, structure for clarity.
d) Grammar and spelling.
With the availability of grammar and spell=check functionality, poor grammar and spelling is now seen more as a motivational issue than an issue concerning your cultural background.
In short , I accept no excuses.
Teacher's comments :
B) DMS Student sample : Result A+
B) DMS Student sample : Result A+
Please observe the students' work for the following "winning" traits:
a) Answers are distinctly separately into IRAC style for EACH issue (there could be many issues in one case question and a each issue is solve with one set of IRAC. SO if you have spotted 4 issues , then it's 4 sets of IRAC. :
Issue:
Applicable Law: approx 40% of the words used
Applicable Law: approx 40% of the words used
Application of facts to law: approx 40% of words used
Conclusion: approximately 20% of words used
b) Research effort: Observe that their effort goes beyond the stipulated minimum.
c) Keywords of applicable facts applied together with keywords of the applicable law.
d) Completeness of conclusion : who is liable to who and for how much.
e) Precision of language
Advice : this must be the same approach to case questions in the exam.
The difference between the answering style in a case question and an essay question is that the applicable law is more precise and directly used , whilst in the essay question , the general law is introduced first and all the sub components are introduced.
Teacher's comments :
D) Student sample : Result A+
Question:
The following information is found on the website of the Inland revenue Authority of Singapore (IRAS)
The following information is found on the website of the Inland revenue Authority of Singapore (IRAS)
Factual scenario:
Evander owns a company and has been inflating his expenses in his company accounts fraudulently for the past 20 years. A total of S$1 million of expenses were invented. Recently his accounts clerk was fired by Evander for sleeping on the job. The angry clerk found out about the above IRAS website and rewards system and has consulted you on whether this reward is legally binding.
Table of Contents
CASE 1 : ANGRY CLERK V. IRAS ...................................4
ISSUE......................................................................................4
RULES OF LAW.......................................................................4
RULES OF LAW (CONTINUED).................................................5
ANALYSIS – APPLICATION OF FACTS TO LAW .......................5
CONCLUSION..........................................................................5
CASE 2 : SUN TZE V HALIM.............................................6
ISSUE......................................................................................6
RULES OF LAW.......................................................................6
RULES OF LAW (CONTINUED).................................................7
ANALYSIS – APPLICATION OF FACTS TO LAW .......................7
CONCLUSION..........................................................................7
BIBLOGRAPHY ..................................................................8
Koh Tat Wei, Edward
Koh Tat Wei, Edward
Angry Clerk,
Plaintiff,
vs.
Inland Revenue Authority of Singapore ,
Defendant
Case No.: 8888888
Whistleblower’s reward
Issue
The issue is whether Inland Revenue Authority of Singapore’s (IRAS) advertised promise to
reward 15% on tax recovered and capped at $100,000 from the successful investigation of
Evander’s company to the world at large; in this case the clerk, is binding on IRAS, i.e.
whether IRAS’s advertised reward is a valid offer to the world at large and if there is any
evidence of seriousness. We also look at if the clerk’s acceptance of the offer amounts to a
valid acceptance.
Rules of Law / Law
Offer and acceptance are two elements that make up the four that constitutes a legal contract.
Offer and acceptance go hand in hand to create an agreement. “Offer” alone is featured by
“invitation to treat” and “evidence of seriousness”. “Invitation to treat” should not be
confused with “offer”; most advertisements (Partridge v Crittenden) and shop displays
(Fisher v Bell ) are not “offers”. An “offer” is an indication of willingness by an offeror to
enter into a legally binding contract on certain terms. This is legally binding to the offeror as
soon as the offeree has accepted it. The addressed offeree can be a single person, a group of
people or even to the world at large (Carlill v Carbolic Smoke Ball Co.). The contract
(Carlill v Carbolic) is known as a unilateral contract that can be accepted by any offeree from
any corner of the world by performing an act that indicates their agreement with the bargain.
The disparity found in the Smoke Ball case that indicates it is not just an “invitation to treat”
alone; is the evidence of seriousness i.e. “£1000 is deposited with the Alliance Bank, Regent
Street, showing our sincerity in the matter.”
In “acceptance” part of a legally binding contract, whenever the motives are questionable;
“knowledge of the offer” will define whether there is a valid acceptance. An acceptance that
is wholly motivated by factors other than the existence of the offer has no effect (R v Clarke).
In that case, Mr Clarke provided information in a murder case investigation and told the
police it was “exclusively in order to clear himself”. In contrast, however small the part of an
“offer” plays in inducing a person to do the required act, there is valid acceptance of the offer
to enter in a legally binding contract (Williams v Carwardine).
Analysis – Application of Facts to Law
In our case of Clerk v IRAS, IRAS is the offeror and the angry clerk is the offeree of this
reward offer advertisement on the website. IRAS’s advertisement on the website is deemed to
be an offer to the whole world; similarly to the Smoke Ball case, and anyone capable of
performing the required conditions can accept it. IRAS should not be able to allege that the
reward offered was “mere puff” as there was plenty of evidence of seriousness to constitute
the advert as a legal offer. On the same website, IRAS supplied detailed address and invited
anyone whom is interested of claiming the reward to come forth in person to the provided
address. To complete the picture that there was evidence of seriousness, IRAS is a
government entity and any reasonable person would view the offer of reward as legitimate.
IRAS should also not be able to defend itself by questioning the motives of the angry clerk
who was just fired from her job in reference of Mr Clarke’s case whose action was motivated
by the goal to acquit himself of the murder investigation. Like Mrs. Williams in the
Carwardine murder investigation, the clerk was fully aware of the offer of reward and was
driven by the rewards system to perform the required actions; thus validating the acceptance
of the offer.
Conclusion
Considering that the information and documents provided by the clerk, the offeree, has led to
the full recovery of the total of S$1 million tax; I would advice the Clerk that, IRAS, the
offeror, is liable to reward him/her 15% of the tax recovered, or in this case, the maximum of
S$100,000.
(667 words)
Sun Tze,
Plaintiff,
vs.
Halim,
Defendant
Case No.: 8888888
Post Required Case
Issue
The issue is whether Sun Tze’s acceptance came across to Halim’s offer to seal the contract.
We look into whether Halim’s instruction requiring formal acceptance in the course of post
by letter holds and binds in the postal rule and Sun Tze’s acceptance via e-mail constitutes an
acceptance to the offer. We also investigate have the offer has lapsed by the time the post
arrives at Halim’s hand late due to the mistake by Sun Tze’s new Administrative Assistance.
Rules of Law / Law
Communication of acceptance requires the acceptance, be it orally, in writing or by conduct;
arriving and actually received in the hands of the offeror. Four exceptions to complement the
general rule and make up the applicable law; exist to overrule the general rule, namely Postal
Rule, Silence, Waiver of Communication and Instantaneous Modes of Communication.
Silence does not establish the communication of acceptance unless predetermined in advance
between both parties (Felthouse v. Bindley). Waiver of Communication allows the offeree to
relinquish the need to communicate his acceptance only if expressly or impliedly (Smokeball
case, a unilateral contract) allowed by the offeror. Instantaneous modes of communication
fall back to the general rule of communication of acceptance. Postal Rule is the flipside of the
general rule where it is deemed complete once the offeree posts his acceptance (Henthorn v.
Fraser). However, both parties must assent to the use of this method and must be reasonable
in that situation to use the post i.e. in different town similar to the Fraser case. In addition,
Postal Rule will also not hold if the offeree failed to comply with his due diligence of ensuring that the letter is adequately stamped as required by the Post Office or misaddressed
his acceptance to a different address other than that stated by the offeror (Getreide-Import
GmbH v Contimar SA Compania Industrial, Comercial y Maritima [1953] 1 WLR 207).
Even with that said, it is often put that “The offeror is the master of his or her offer.” and the
offeror may avoid the risk of delay of postage by specifically and explicitly require
acceptance to be valid only when it arrives in his hands (Yates Building Company Ltd v RJ
Pulleyn & Sons (York ) Ltd). Offer will also terminate after a lapse of time of the dateline
given in the contract.
Analysis – Application of Facts to Law
In our case of Sun Tze v. Halim, Halim has requested in his contract that the communication
of acceptance must be done by postal, hence Postal Rule applies; where Sun Tze’s acceptance
should seal the contract once it is posted (Henthorn v. Fraser). Unfortunately for Sun Tze,
for the postal rule to hold the letter must have been addressed correctly; which Sun Tze’s
Administrative Assistance failed to do so (GIG v. Contimar SA). While one might argue that
Sun Tze’s e-mail to Halim should have conveyed his acceptance long before the dateline and
is no less advantageous to Halim; Halim has exercised his rights of specifically and explicitly
requiring ONLY postal method will constitute a formal acceptance and no other methods will
be permissible with this statement “…by 8 September failing which the offer will lapse.”
This is in contrast to the case of Tinn v. Hoffman (1873) and Manchester Diocesan Council
for Education v Commercial and General Investments Ltd (1969) where both of them used
the alternate method other than the required one but won the case as the judges inferred that
there were no specific requirement of only one particular method. The letter of acceptance
posted by Sun Tze finally arrived on the 10 th of September, two days after the dateline. Due to lapse of time, Halim’s offer to Sun Tze ceased and Halim have every rights to sell it to
another buyer since coal is a commodity product and we can assume the price fluctuate more
often than not.
Conclusion
Taking into account of the misaddressed acceptance, Halim’s specific instruction, and the
lapse of time, I would advice Sun Tze not to proceed with any legal actions. Sun Tze would
not have any case against Halim and Halim would not be liable to sell Sun Tze the coal.
(648 words)
Bibliography
Carlill v Carbolic Smoke Ball Company [1893] EWCA Civ 1
Felthouse v Bindley (1862) EWHC CP J 35
Fisher v Bell [1961] 1 QB 394
Getreide-Import GmbH v Contimar SA Compania Industrial, Comercial y Maritima [1953] 1
WLR 207
Henthorn v Fraser [1892] 2 Ch 27
Manchester Diocesan Council for Education v Commercial and General Investments Ltd.
[1969] 3 All ER 1593. Chancery.
Partridge v Crittenden [1968] 1 WLR 1204
R v Clarke (1927) 40 CLR 227
Tinn v Hoffman (1873) 29 LT 271
Williams v Carwardine [1833] EWHC KB J44
Yates Building Company Ltd v RJ Pulleyn & Sons (York) Ltd. (1975) 237 EG 183. Court of Appeal
Sample essay A+
Table of Content
Overall Issue
Applicable Law 1
Applicable Law 2
Applicable Law 3
Overall Conclusion
Overall Issue
The main issue this case is Katie’s concern for if there is a formation of a contract. In the confusing event, Katie’s concern brought us to several factors the we have to address. Such as a contract and its components.
A contract is a consensus ad idem, also known as a meeting of mind where both contracting parties come to a concession. It progresses from an agreement to rights and obligations that are recognized and enforceable by law. There are four depending factors to form a contract. They are offer, acceptance, consideration and intention to create legal intention.
To have a clearer picture of an offer, it is also important to differentiate an offer from an invitation to treat. Therefore, there is an applicable law done up on invitation to treat and another to identify the offer in Katie’s case. There is also an applicable law for acceptance that will be address later in this report.
Subsequently, Katie will be advice regarding this issue.
Applicable Law 1
Issue
This issue is concerning an invitation to treat. An invitation to treat is not an offer. It does not offer a contract but invites others to make an offer to them. It is an invitation for an offeror to make an offer to the provider of the business.
Applicable Law
An invitation to treat is not an offer. It does not offer a contract but invites others to make an offer to them. It is made to the world at large. For example, a display of goods in a store, advertisements, auctions, tenders and quotations are all invitations to treat.
Examples of invitation to treat are Partridge v Crittenden, Fisher and Bell and Pharmaceutical Society v. Boots. Partridge v Crittenden is advertisement. It invites potential customers to make an offer to them by responding to advertisement. Pharmaceutical Society v. Boots illustrates the display of goods in a store. It invites customers to make an offer by taking the product to the cashier. These customers usually have an intention to buy it at the term of the listed price, thus satisfying the term to elevated into a contract.
Applying Facts to Law
In the Applicable Law section, the defination of an invitation to treat is established, in this case, we are only concerned in advertisement and quotation of the invitation to treat.
When Katie made an advertisement in the magazine, “Great IT Gadgets”, she is inviting others to make an offer to her. This is similar to the case of Partridge v. Crittenden. Katie made an invitation to treat by making an advertisement on the magazine. (See Partridge v. Crittenden)
Next, when Jeremy made a reply, he was asking for the details of the laptop. This is not an offer by an invitation to treat also. Jeremy was asking for a quotation but not offering an offer.
Conclusion
Both Katie and Jeremy are making each other an invitation to treat. They are not liable to each other as there was no formation of an offer.
Applicable Law 2
Issue
This issue is concerning contract law, offer.
Applicable Law
An offer is when an offeror indicates an interest and readiness to enter into a contract on specific terms to an offeree. Furthermore, this offer must be communicated to the offeree, either by verbally, in writing or by conduct. An offer can be made to a specific person, a group of people or to the world at large.
Applying Facts to Law
Katie, by quoting a price of $300 to Jeremy, demonstrates her willingness to enter into a contract on the term of selling the laptop at $300. Thus, She has effectively offered a valid offer. The offer is now made to a specific person, Jeremy. These offer then becomes capable of being accepted, thereby forming a potential contract.
Conclusion
In this case, Katie has given out the offer. However, there is no contract until Jeremy accepts the offer.
Applicable Law 3
Issue
The issue in this case concerns foundation of acceptance in the contract law. In this part, I will determine the presence of an acceptance. This is assuming that Jeremy’s message at 1:20p.m contained the fact of his attendance at the designated venue and had the ready cash of $300 for payment.
Applicable Law
The general rule for acceptance is, firstly, acceptance must be communicated either by verbally, in writing or by conduct. Secondly, an acceptance is only communicated when it is received by the offeror. Lastly, it must be an unqualified and unconditional agreement to the offer, else, it would be considered a counter-offer.
Although there are other laws of acceptance regarding instantaneous mode of transmission, the one we are concern here is the Electronic Transaction Act (ETA). Due to recent electronics development, the government passed the Electronic Transaction Act.
Under the Electronic Transaction Act, the general rule of acceptance is at the point of transmission, when the message leaves the information system under the control of the offeree, not reception. If the addressee has an allocated system, acceptance is once the offeree’s message leaves the original system and becomes capable of being retrieved by the offeror. It does not matter when the offeror opens the message and reads it.
Applying Facts to Law
In this case, lets assume that Jeremy’s message at 1:20p.m contained the fact of his attendance at the designated venue and had the ready cash of $300 for payment. If the message contains that information, then Jeremy has indeed conveyed his acceptance in writing. In addition, Jeremy has unconditionally agreed to the price and the venue of transaction. By communicating the acceptance in writing and unconditionally agreed to Katie’s requests, he satisfies the general rule of acceptance.
Next, the general rule of acceptance, in Electronic Transaction Act, is authenticated when Jeremy’s message is sent and left the information system under the control of the Jeremy’s phone. It does not matter when the Katie opens the message and reads it. Even though Katie entered her passwords wrongly and could not receive her instantaneous messages and phone calls.
Moreover, under the applicable law of Electronic Transaction Act, as Katie’s hand phone number is dedicated to Katie, therefore, the message was sent to a person of designated system. The requirement for acceptance of an offer to a person of a designated system is fulfilled. This is because, once Jeremy’s message was sent, the message is considered received as it becomes capable of being retrieved.
Conclusion
These contracts formed entirely by electronic records are legally valid and enforceable. Thus, there is a valid acceptance from Jeremy to the offeror, Katie. As a result, Katie Is liable towards Jeremy.
Overall Conclusion
As seen in the three applicable laws above, they fulfilled the offer and acceptance of a formation of a contract. There is also an intention to create legal relations and asumming there is a consideration, a valid contract is thereby formed.
There is a contract formed between Katie and Jeremy. As a result, Katie cannot sell her laptop to her brother’s friend as she is liable to Jeremy. She can be sued for breaking the contract if she sells the laptop to her brother’s friend.
