I have done studying the textbook, and now doing the past year questions. Theres ISAC approach in the BPP textbook, is there any chance u can elaborate on this approach? what does it mean by identify legal issues? and apply relevant laws? can u pls give me an example? appreciate you help.
“Identify legal issues” would involve something like “This is a question concerning a contract between two people and, half way through the contract, one of the parties has given notice that they are not willing to continue unless they receive additional money”
You would then go on to identify previous cases where one party has given notice of breach during performance ( as distinct from breach in anticipation ). If you cannot remember cases, refer to case facts. If you cannot remember any previous case facts, quote “in a decided case” and then go on to identify the court’s decision. If you cannot do that, say “for example, if a ……”.
Now, you have identified the issue, identified previous cases and their decisions, so you are in a position to apply the previous decisions / principles to the scenario in the question.
And finally, express your conclusion
ahhhhhhhhhh… okay. this really helps a lot!!! hehe…
thank you so so much.
should there be any more confusion, ill get back to u again..wink wink
Marilyn – I’m already looking forward to it!
Q: in relation of contract, explain the meaning and effect of a) doctrine of privity (6marks)
A: The rule of the doctrine is only a party to a contract may sue to enforce the contract. However, theres an exception:-
1. Principal may sue the agent for a contract the agent entered into
2. Administrator may sue on behalf of the deceased to enforce the contract which the deceased entered into (beswick V Beswick)
3. Beneficiary may sue his trustees
4. … and so on (too lazy to type now..hehe)
lets say i answered as such. since the mark is only 6. Do u think i can get full marks without explaining the exceptions?
That seems the appropriate style – apart from point number 4 of course!
gone thru some of the past year Q&A, the answers were very very very comprehensive! That’s why i have doubt. But anyway, thank u again.
As for no.4..hehehe
You’re right of course. I would struggle simply to copy out answers of that length in 18 minutes!
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