A GUIDE TO ANSWERING LEGAL PROBLEMS IN TUTORIALS
Be aware that the law is usually concerned with disputes.
In most questions in law examinations or tutorials, the questions will be
predominantly about disputes, i.e. of the problem type
Misrepresentation and Remedies in UK
Misrepresentation is defined as a false statement of fact made by one party to
induce another party to enter the contract but it is not part of the term in the contract.
Misrepresentation Act 1967 provides that the eff
Use a logical structure in your answer.
Structuring your answer around a framework should prevent your answer
swaying all over the place. Your answer should be presented in a legal way.
The law is a step-by-step process. If you read the full judgments
Read the question carefully.
By doing this you will ensure you answer the actual question which has been
set. You will grasp, for example, that the question asks "How much may Peter
expect in damages?" and therefore avoid wrongly spending time answerin
Allocate time available in examinations and tests to maximise marks.
Allocate time efficiently between questions. If an exam has three equal value
questions do not write excellent answers to two but run out of time before
commencing the third. Just as
Realise where the law is to be found.
The law, for most purposes, is contained in only two places:
the judgement of judges in individual cases; and
Acts of Parliament.
When reading and citing cases, make sure you understand the material facts
Use a clear layout to your answer.
The more you can do to make your answer easier to read the better. Grammar,
spelling and legibility are most important.
Presentation is also important. You should consider using headings for major
Some basic tips are:
Do not wander in your answer.
Do not repeat the question.
Do not use superfluous introductions.
Do not answer in the form of a long, continuous essay.
Do not repeat yourself. Keep your discussion of an argument or
If you could equate the case of MLC v Evatt with a theoretical tutorial or examination
question which was being answered by fourteen judges, seven, by definition,
got it right; seven, on the other hand, on this analogy, got it wrong.
This illustrates that
Recognise that the law is not always certain in a given situation.
In the case of MLC Assurance Co Ltd v Evatt, a total of 14 judges heard the case.
A single judge in the Supreme Court of New South Wales first heard it. The single
judge decided in favo
Security over Collateral
Lee Tat Boon
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Wisma UOA Damansara
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1. Can assets be charged, liened and/or encumb