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I am not sure how does the marking scheme work, it will be great if you can give me some guidance on. For example, if a 5 mark question is to define the term of offer, how much will I score if my answer is:
‘Offer is a definite promise to an other to be bound on a specific term. Once an offer has been accepted, a binding is created.
An offer should be distinguished from supply of information (Harvey v Facey), statement of intent (Harris v Nickerson) and invitation to treat (Fisher v Bell).
An offer must be certain and not in a vague term (Gunthing v Lynn).
An offer can be made to individual or to the world at large (Carlill v Carbolic Smoke Ball Co.)’
Do I have to explain each statement in more detail or it’s fine as it is?
Thanks.
Shirley
Ask yourself “How much can I write in 1.3 minutes ( after allowing half a minute per mark to think of 5 things to say )?” The answer is probably “About 2 / 2.5 lines”
Now, looking at the above suggested answer, you have 6 different thoughts – you need to split point number 2 into three separate points.
That gives you 6 separate, markable, relevant thoughts – that should score 5 / 5
My only concern is that, if the question is as you have written it, it’s a bit loose. David Kelly is more likely to ask you to “In the context of contract law, define the term “offer” and explain why it is necessary to distinguish an offer from an invitation to treat”
For a question simply to ask you to “Define offer” and be worth 5 marks, then you would have to go down the route you have suggested because the simple definition of an “offer” – “Offer is a definite promise to an other to be bound on specific terms.” is not sufficient for any marker to award 5 / 5.
IF that were a real question, it should be worth only 2 ( possibly 3 ) marks
Just a quick query re how to answer the questions. If point 2 wasn’t split out to two relevant points, would the examiner still give you two marks, or would he only classify it as one point?
Also, is the above really enough information. I have just done some past papers and I know the answer will never be as elaborate as the papers – but is the above elaborate enough? Will there be any questions which require the details of the case i.e. Fisher and bell – the fact they had goods in a shop window etc?
Finally – if a point was made without reference to a case – would we still get the mark. If for example, in a 5 mark question you have 5 points but can only remember 2 cases – can you still score 5 marks?
Many Thanks for your help.
Hi
Yes, I’ve had students pass this exam and not mention a single case. However, look at the published marking schemes which say ” 8-10 marks, a thorough understanding supported by cases or examples”
When I suggest splitting a point into 2, it’s only so it will give you enough separate points. IF YOU’RE LUCKY and a single paragraph of yours has two markable points in it, you MAY get two marks, but don’t bet on it1 Two points? Two paragraphs!
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