Commercial Law essay questions for exam revision prep
Answering problem questions go by ILAC
I- Issue in scenario i.e. the problem
L- Law – refer to cases i.e. D v S
A- Application- apply law case to scenario, apply D v S to my
scenario
C- Conclusion – conclude it all, conclude the case, include what
you are trying to sum up to say in the full answer. To
summarize mention court… i.e. William could, as a result of
this, take this case to the sheriff court or he could go to
alternative dispute resolution alternatives such as mediation
(where u meet with the other party).
The complaint may want to start by looking at alternative ways
of resolving things (mediation).
However, if they don’t want to cooperate with the other side
they can take it to the sheriff court where appeals can then be
made onto the court of session- inner house.
Outline the issue and say what it is
Outline what is concerns
Provide authority- evidence
Outline theory for it – case study i.e. D v S
Relate authority to situation to scenario
Relate it back to case study
This shows it is a breach of duty in care.
Conclude it all.
When linking to cases introduce with: The leading case on the
duty of care is the famous case of D v S which provided, in the
case of…, as shown in the case…, case of… facts are as
follows:
, 1. Contract.
Contract is part of the law of obligations and is defined as “an agreement
which creates or is intended to create a legal obligation between the
parties to it”. Contracts may be voluntary or involuntary and there must
be more than one party to a contract. A contract is formed when parties
reach consensus in idem- a meeting of the minds. Contracts come about
when the parties agree to enter into a legally binding agreement (it is
forever; it is together) between themselves.
Defective contracts.
Sometimes however an attempt by the parties to enter into a contract
may go wrong. There may be some sort of defect or impediment which
makes a contract “void”, “voidable” or “legally unforeseeable”.
Void contract- is an absolute nullity; it has no legal effect whatsoever.
Contracts will generally be considered void if they suffer from a
fundamental defect, for instance, if one or more parties does not have
legal capacity (age, intoxication, insanity) to enter into a contract.
Voidable contract- comes into existence but suffers from an underlying
effect which means that either of the parties can petition the court,
asking for it to be “annulled” (declared invalid) or “reduced”. A contract
will be declared voidable if someone has been tricked (Ricky tutorial
example) into entering it by the provision of false information, or if there
is a problem with a party’s legal capacity (intoxication, age, insanity).
Unforeseeable agreement- the courts, without giving consideration to
whether the contract is void or voidable, simply say that the contract is of
a nature that they will not enforce it.
Lack of legal Capacity.
Think about the story, ask yourself, if there something about the person’s
behaviour that is odd, are they behaving a way that the ordinary average
man or woman would walk into a store or walk into a contract would
, behave? Or is there something that is making you question it. Protection
for the own parties. Perdition parties are available to both parties.
Parties must have the requisite legal capacity to enter into a contract.
They’ve got to be legal themselves. As a matter of law, certain
categories of people are not permitted to enter into contracts. Such
people are said to lack legal capacity to enter into agreements. Any
purported contract entered into by a person lacking legal capacity will be
void.
Young people.
The law is found in the Age of Legal Capacity (Scotland) Act 1991. This
act provides that persons under the age of 16 have no capacity to enter
into contracts or other transactions having legal affect. Under 16’s are
quite protected and vulnerable. Mobile phone industry- actively
encouraging people to text in your name and find out if your name and
friend are a ‘match’, text in and find out what your star sign is, text in and
find out about ringtones. These products were initially expensive; they
would entice younger participants when mobile phones became popular.
What happened was they spent huge amounts of money from their
parents bill as under 16s weren’t allowed to own a contract i.e. pay for
their own phone bill. In adverts now the supplier puts in ‘always check
with the bill payer to get permission, must be over 16. Person has no
capacity to enter into a contract. Any obligations must be undertaken on
their behalf by his or her legal guardian. For example, phone contracts,
sunbeds or gym memberships.
Full legal capacity is at the age of 16. Persons age 16 and 17 have full
contractual capacity (eligible to enter into binding legal contracts at that
age), but can apply to the court to have prejudicial contracts set aside. A
person has until their 21st birthday to challenge a prejudicial transaction
made when they were 16 or 17. 16-21 is a great/grey area. Richard
Branson 17 set up his own business. Not your ordinary, average,
reasonable adult. A prejudicial transaction is one which a reasonably
prudent adult would not have entered into and which is likely to cause
substantial prejudice to the young person. (The adult would not have
entered into what a young person has done). If something is prejudicial
against you it is causing you harm and is bad for you. The following
transactions cannot be challenged: A will, consent to medical treatment
or adoption, transactions entered in the course of the young person’s
trade, business or profession or transactions where the person
fraudulently misrepresented his age or other material fact.
Answering problem questions go by ILAC
I- Issue in scenario i.e. the problem
L- Law – refer to cases i.e. D v S
A- Application- apply law case to scenario, apply D v S to my
scenario
C- Conclusion – conclude it all, conclude the case, include what
you are trying to sum up to say in the full answer. To
summarize mention court… i.e. William could, as a result of
this, take this case to the sheriff court or he could go to
alternative dispute resolution alternatives such as mediation
(where u meet with the other party).
The complaint may want to start by looking at alternative ways
of resolving things (mediation).
However, if they don’t want to cooperate with the other side
they can take it to the sheriff court where appeals can then be
made onto the court of session- inner house.
Outline the issue and say what it is
Outline what is concerns
Provide authority- evidence
Outline theory for it – case study i.e. D v S
Relate authority to situation to scenario
Relate it back to case study
This shows it is a breach of duty in care.
Conclude it all.
When linking to cases introduce with: The leading case on the
duty of care is the famous case of D v S which provided, in the
case of…, as shown in the case…, case of… facts are as
follows:
, 1. Contract.
Contract is part of the law of obligations and is defined as “an agreement
which creates or is intended to create a legal obligation between the
parties to it”. Contracts may be voluntary or involuntary and there must
be more than one party to a contract. A contract is formed when parties
reach consensus in idem- a meeting of the minds. Contracts come about
when the parties agree to enter into a legally binding agreement (it is
forever; it is together) between themselves.
Defective contracts.
Sometimes however an attempt by the parties to enter into a contract
may go wrong. There may be some sort of defect or impediment which
makes a contract “void”, “voidable” or “legally unforeseeable”.
Void contract- is an absolute nullity; it has no legal effect whatsoever.
Contracts will generally be considered void if they suffer from a
fundamental defect, for instance, if one or more parties does not have
legal capacity (age, intoxication, insanity) to enter into a contract.
Voidable contract- comes into existence but suffers from an underlying
effect which means that either of the parties can petition the court,
asking for it to be “annulled” (declared invalid) or “reduced”. A contract
will be declared voidable if someone has been tricked (Ricky tutorial
example) into entering it by the provision of false information, or if there
is a problem with a party’s legal capacity (intoxication, age, insanity).
Unforeseeable agreement- the courts, without giving consideration to
whether the contract is void or voidable, simply say that the contract is of
a nature that they will not enforce it.
Lack of legal Capacity.
Think about the story, ask yourself, if there something about the person’s
behaviour that is odd, are they behaving a way that the ordinary average
man or woman would walk into a store or walk into a contract would
, behave? Or is there something that is making you question it. Protection
for the own parties. Perdition parties are available to both parties.
Parties must have the requisite legal capacity to enter into a contract.
They’ve got to be legal themselves. As a matter of law, certain
categories of people are not permitted to enter into contracts. Such
people are said to lack legal capacity to enter into agreements. Any
purported contract entered into by a person lacking legal capacity will be
void.
Young people.
The law is found in the Age of Legal Capacity (Scotland) Act 1991. This
act provides that persons under the age of 16 have no capacity to enter
into contracts or other transactions having legal affect. Under 16’s are
quite protected and vulnerable. Mobile phone industry- actively
encouraging people to text in your name and find out if your name and
friend are a ‘match’, text in and find out what your star sign is, text in and
find out about ringtones. These products were initially expensive; they
would entice younger participants when mobile phones became popular.
What happened was they spent huge amounts of money from their
parents bill as under 16s weren’t allowed to own a contract i.e. pay for
their own phone bill. In adverts now the supplier puts in ‘always check
with the bill payer to get permission, must be over 16. Person has no
capacity to enter into a contract. Any obligations must be undertaken on
their behalf by his or her legal guardian. For example, phone contracts,
sunbeds or gym memberships.
Full legal capacity is at the age of 16. Persons age 16 and 17 have full
contractual capacity (eligible to enter into binding legal contracts at that
age), but can apply to the court to have prejudicial contracts set aside. A
person has until their 21st birthday to challenge a prejudicial transaction
made when they were 16 or 17. 16-21 is a great/grey area. Richard
Branson 17 set up his own business. Not your ordinary, average,
reasonable adult. A prejudicial transaction is one which a reasonably
prudent adult would not have entered into and which is likely to cause
substantial prejudice to the young person. (The adult would not have
entered into what a young person has done). If something is prejudicial
against you it is causing you harm and is bad for you. The following
transactions cannot be challenged: A will, consent to medical treatment
or adoption, transactions entered in the course of the young person’s
trade, business or profession or transactions where the person
fraudulently misrepresented his age or other material fact.
